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Keith C. Owens's Answers
- 6 Legal Answers
- 0 Legal Guides
4
Attorney answers:
Can I exclude a specific credit card debt when I file bankruptcy?
No. You need to schedule all of your assets and liabilities in your bankruptcy schedules. Your schedules are signed under penalty of perjury, and the failure to accurately disclose material information may result in a denial of discharge. Bankruptcy fraud is also a federal crime. If you fail to disclose credit card debt in your schedules, and do not give the creditor notice of the bankruptcy, the creditor will generally not be bound by the discharge injunction (especially in a case in which...
2
Attorney answers:
Chapter 11 bankruptcy
You may be entitled to a priority unsecured claim (up to $10,950) if your claim was based on unpaid wages, salaries, or commissions earned within 180 days before the bankruptcy filing. A Chapter 11 debtor must schedule all claims and provide notice to all creditors. If a creditor does not have notice of the bankruptcy, it may not be bound by any Chapter 11 plan injunction. You can find out whether the company filed bankruptcy by contacting an attorney who has access to a Court website...
2
Attorney answers:
Chapter 11 bankruptcy
You may be entitled to a priority unsecured claim (up to $10,950) if your claim was based on unpaid wages, salaries, or commissions earned within 180 days before the bankruptcy filing. In order to receive payment, you would need to file a proof of claim by the "claims bar date." NOTE: This information is not intended to (and does not) create an attorney-client relationship. Such information is intended for general informational purposes only and should be used only as a starting point...
1
Attorney answers:
IF A company files for chapter 11 can they still purchase from me if they pay with credit card or cash
No. If your contractual relationship with the customer is governed by individual purchase orders or invoices (and not subject to an executory contract), you can (a) continue to sell to the customer after it files Chapter 11, (b) refuse to sell to the customer in your discretion, or (c) sell to the customer on different terms (e.g., COD, advanced payment, etc.). In some jurisdictions, bankruptcy courts will even enter an order authorizing the debtor to pay the pre-petition claims of so-called "...
1
Attorney answers:
Our Client filed Chapter 11 on 7/10/09. We are trying to collect the post petition money
You have not indicated whether the debt was incurred pre-petition or post-petition. If the debt was incurred pre-petition, you must not pursue any collection action against the debtor or property of the debtor's bankruptcy estate because doing so will violate the automatic stay and may result in sanctions. You must file a proof of claim by the "claims bar date" in order to receive a distribution (if any) from the bankruptcy estate. If the services were rendered and became due before the...
5
Attorney answers:
Can this debt be discharged in a bankruptcy?
Student loan debt can only be discharged if the payment of such debt would impose an undue hardship on the debtor and the debtor's dependants. See 11 U.S.C. ยง 523(a)(7). If you have no ability to pay such debt over time (e.g., you are disabled and have no prospect of future employment), some courts may discharge a debtor from student loan debt. However, this is a heavy burden to meet. NOTE: This information is not intended to (and does not) create an attorney-client relationship....