As a southern California bankruptcy attorney, I receive a lot of questions. Most are from people who want to file bankruptcy, just filed bankruptcy or filed years ago and are now wondering how it could affect their current situation. What we don't usually get are questions from creditors regarding how to respond to a bankruptcy filing. That makes today’s question particularly interesting because it’s from a creditor and it involves some very specific circumstances. Hypothetical Situation: 8 years before her death, Susan sold a piece of real property and took back a recorded mortgage and promissory note as collateral. Joe, who was the buyer, made payments for 2 years, but then fell behind. 4 years after the transaction, Joe filed Chapter 7
Chapter 7 is often the quickest and simplest form of bankruptcy and is available to just about anyone including: Married couples, individuals, and corporations. When a person is considering filing for Chapter 7 bankruptcy the first thing that is often on their mind is the amount of property and assets they will be able to keep.
When you file bankruptcy, whether it be a Chapter 7 or Chapter 13 filing, the bankruptcy trustee plays a big role in the process. Once you and your bankruptcy attorney have filed a successful bankruptcy petition, the bankruptcy court assigns a bankruptcy trustee who will be charged with executing your estate. In a chapter 7 bankruptcy the trustee will sell your non-exempt property and use the proceeds to pay back your creditors. In a Chapter 13 bankruptcy case, you make one monthly payment to the trustee who then devise it up to your creditors according to the payment plan that the court approves. Anyone filing bankruptcy must be completely honest and forthcoming about their accounts, assets, money, and property. You cannot hide or get rid of money or property before or during a bankruptcy without getting it approved by the trustee and courts. A bankruptcy attorney will be able to explain this to you in greater detail and offer you advise on property that you do want to get rid of.
Everyone struggles financially at one time or another. Sometimes it’s very simple to get back on your feet and other times you might need to turn to a legal professional to help you figure out a solution. If you are in a difficult financial situation and need to declare bankruptcy, William J Sedor, Esq. of Rochester is ready to help. This personal bankruptcy attorney is no stranger to bankruptcy cases and can provide you with all the information you need to fully understand how declaring Chapter 7 bankruptcy works.
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Trustee asks questions to determine whether there is property available for sale in order to satisfy all or a portion of your debt. If your property is exempt, then the Trustee cannot sell any of your property. In a Chapter 13 Case, the Trustee asks questions to determine whether the monthly payment that you and your attorney have proposed is sufficient to pay each type of creditor the amount required under the Bankruptcy Code. Each type of creditor may be treated differently, and some creditors may not receive any money during the entire term of your Chapter 13 Case, depending upon your unique circumstances.
California business law offers considerable freedom for workers to work where and for whom they wish, effectively voiding nearly all noncompetetition agreements in the state. While this may seem like an onerous burden on businesses, the corporate law attorneys at DPA Law Group explain that this eliminates legal ambiguity while offering enough protection for businesses concerned with their trade secrets.
There are many reasons people find themselves in the situation of filing for bankruptcy. These include credit card debt, medical expenses, loss of job and divorce. If you determine that this may be the right course of action for you, you should consult with a Sacramento bankruptcy lawyer who has experience in the personal bankruptcy field. This is an important decision and the laws can be very complicated.
Unfortunately A & P Supermarket and its affiliates companies which include Pathmark filed a petition in Bankruptcy Court. The result of this filing is that the entire action will not proceed until the Bankruptcy Court discharges the debtor ( that is Pathmark). I do not know, nor can anyone predict how long this bankruptcy will take place and nor can anyone predict the terms of the discharge plan.
The Bankruptcy Code or other government law makes or influences property rights in evaluations or the privilege to a transcript. No state statute applies either however under the state's precedent-based law, property rights may emerge from custom. In the state colleges have reliably given affirmed transcripts at or around expense. This demonstrates giving a transcript is an inferred part of the instructive contract secured by the educational cost and different expenses. Since a transcript is a piece of the bundle of merchandise and administrations that a school offers in return for educational cost, an understudy has a property right to a guaranteed duplicate. For this situation Doe was willing to pay the cost.while a foundation can't deny enrollment to an understudy who is under the security of the Bankruptcy Court with a specific end goal to urge the installment of old obligations, it need not allow an understudy to accumulate new instructive obligation going ahead. In this way, school and college authorities can find a way to ensure their organizations without crossing paths with laws. Some of these strides may incorporate requiring advance installment of educational cost or officially pulling back an understudy who brings about an educational cost charge however neglects to pay as per institutional arrangement.
Do you want to walk away from your debts so you have a financial fresh start? If so, Chapter 7 bankruptcy could be the answer to your problems. Before you can move forward with Chapter 7 bankruptcy, it is important to know how to qualify and which mistakes to avoid making.
After a person files a petition for Chapter 13 bankruptcy, the trustee appointed to the case will hold a meeting of the creditors. During these meetings, a bankruptcy trustee and the person’s creditors will ask him or her questions about the proposed plan’s terms and his or her financial affairs. In some cases, people may choose to consult with
What bankruptcy does is to eliminate debt for collateral you no longer wish to possess, and can also wipe out unsecured obligations. The exact way in which
Over the years, the process of declaring bankruptcy has become incredibly simple. Because of this change, the number of people declaring bankruptcy is at an all time high. Today, bankruptcy is a common thing among companies and individuals alike. The American bankruptcy law allows people to avoid paying their debts by offering the debtors a discharge without a harsh consequence. By not having repercussions for their actions, bankruptcy filers often plan future bankruptcies, allowing them to steal even more money from creditors with no punishment. There are 13 different chapters in the bankruptcy system with the principal chapters being 7,11, and 13. You can only file for bankruptcy under these three chapters, the others are there to
The idea of filing for bankruptcy can be scary for many individuals. However, it can reduce financial stress and allow clients to get back on their feet even when serious debts have been incurred.
Personal bankruptcy can result from mismanagement of finances, loss of a job, divorce or other various situations that are out of your control. Personal bankruptcy can be a positive step towards healing your financial problems. It's rarely a pleasant thought, but many times personal bankruptcy is the best option and the first step into getting your financial future under control.