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INTRODUCTION TO MR JAY WELLER, BANKRUPTCY ATTORNEY
My name is Jay Weller and I an Attorney who has represented many thousands of Clients in Bankruptcy Proceedings, since 1993. Myself and my Law Office has filed over 40,000 Bankruptcies and has represented many thousands more Clients through our numerous Non Bankruptcy Programs or Bankruptcy Alternatives. Please examine our website at www.jayweller.com. The website…
Is The Florida Prepaid College Fund And Similar Programs Exempt Or Protected From Creditors And The Bankruptcy Trustee Under Florida Law?
Florida Statute Section 222.22 provides: Moneys paid into or out of, the assets of, and the income of any validly existing qualified tuition program authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s. 1009.98…
If A Court Finds That A Debtor Committed A Fraudulent Conversion Of Assets, Then What Can A Creditor Do?
Florida Statute Section 222.30 provides that in an action for relief against a fraudulent asset conversion, a creditor may obtain: Avoidance of the fraudulent asset conversion to the extent necessary to satisfy the creditor’s claim. An attachment or other provisional remedy against the asset converted in accordance with applicable law. Subject to the applicable principles…
What Is A Fraudulent Asset Conversion In The State Of Florida?
Florida Statute Section 222.30 states: As used in this section, conversion means every mode, direct or indirect, absolute or conditional, of changing or disposing of an asset, such that the products or proceeds of the asset become immune or exempt by law from claims of creditors of the debtor and the products or proceeds…
In The State Of Florida There Is No Exemption For Fraudulent Transfers
While the State of Florida has Laws that create Exemptions that protect a Debtor against garnishment, seizure or attachment of certain property owned by the Debtor, Section 222.29 of the Florida Statutes provides that there is no Exemption for Fraudulent Transfers. Florida Statute Section 222.29 provides: An exemption from attachment, garnishment, or legal…
Are Pensions Exempt Or Protected From Creditors And The Bankruptcy Trustee In Bankruptcy In The State Of Florida?
Florida Statute Section 222.21 states: Money received by any debtor as pensioner of the United States within three months next preceding the issuing or an execution, attachment, or garnishment process may not be applied to the payment of any debts of the pensioner when it is made to appear by the affidavit of the debtor…
Are Tax Refunds Exempt Or Protected From Creditors Or The Bankruptcy Trustee In Bankruptcy?
Currently, in the Middle District of Florida, most, if not all of the Bankruptcy Judges hold that tax refunds are not protected from the Bankruptcy Trustee in Bankruptcy Proceedings. The Bankruptcy Trustees and Judges in making their argument, will likely cite a Bankruptcy Decision by Alexander Paskay where he held that Tax Refunds are not…
In the State of Florida there are various Exemptions..
In the State of Florida there are various Exemptions, which protect a Debtor against seizure or garnishment of his or her property from Creditors. Florida Statute Section 222.25 enumerates some of the Personal Property Exemptions available under Florida Law. Florida Statute 222.25 provides that the following property is exempt from attachment, seizure or garnishment…
FLORIDA LAW PROVIDES FOR THE USE OF THE FLORIDA STATE EXEMPTIONS AND NOT THE FEDERAL EXEMPTIONS IN BANKRUPTCY PROCEEDINGS
Florida Statute Section 222.20 provides: In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 USC s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 USC s. 522(d)). Nothing herein shall affect the…
HOW DOES ONE THAT SEEKS DOMICILE IN THE STATE OF FLORIDA BUT HAS ANOTHER PLACE OF RESIDENCE IN ANOTHER STATE OR STATES, EVIDENCE DOMICILE IN THE STATE OF FLORIDA?
Florida Statute Section 222.17(2) provides: Any person who shall have established a domicile in the State of Florida, but who shall maintain another place or places of abode in some other state or states, may manifest and evidence his or her domicile in this state by filing in the office of the clerk of…
HOW DOES ONE SHOW THAT HE OR SHE SEEKS TO ESTABLISH FLORIDA AS HIS OR HER DOMICILE?
Florida Statute Section 222.17(1) provides: Any person who shall have established a domicile in this state may manifest and evidence the same by filing in the office of the clerk of the circuit court for the country in which the said person shall reside, a sworn statement showing that he or she resides in…
FLORIDA LAW PROVIDES THAT WAGES OR UNEMPLOYMENT COMPENSATION DUE A DECEASED EMPLOYEE MAY BE PAID TO THE SPOUSE OR CERTAIN RELATIVES
Florida Statute Section 222.15 provides: It is lawful for any employer, in case of the death of an employee, to pay to the wife or husband, and in case there is no wife or husband, then to the child or children, provided the child or children are over the age of 18 years, and…