No Absolute Right to Voluntarily Dismiss Chapter 7
Dec 27, 2010
The scenario is as follows: client wants to file a Chapter 7 but does not want to lose any personal property through liquidation. After advising the client that any nonexempt property may be liquidated...
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401(k) Deductions and the Means Test
Dec 22, 2010
Many clients are stumped when I inform them that they do not qualify for a Chapter 7 because they have disposable income at the end of the month after all their necessary expenses are deducted. Any deb...
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Statement of Intention
Dec 17, 2010
Everyone filing bankruptcy must file a "Statement of Intention" with their petition. The Statement of Intention is exactly what it sounds like. The consumer must notify secured creditors (creditors who...
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85% Of Accounts Receivable For Services Rendered Exempt From Bankruptcy Estate
Dec 15, 2010
There has been a tremendous amount of disagreement among the Courts as to whether unpaid wages for services rendered are part of a consumer's bankruptcy estate. Judge Wedoff out of the Northern Distric...
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Saving A Home With A Chapter 13
Nov 04, 2010
It may sound too great to be true. I am sure you have heard of saving your home by filing a Chapter 13 bankruptcy. If filed correctly, a Chapter 13 can save ones home even though they are in late stag...
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Mortgage Payment Deduction Allowable In Means Test Even If Surrendering Property
Nov 01, 2010
The situation is as follows: Chapter 7 debtor wants to surrender his/her home in a bankruptcy. In order to qualify for a Chapter 7, they will have to pass the means test if their income is above the me...
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The Coveted Automatic Stay
Oct 26, 2010
Pursuant to 11 U.S.C. 362, once a debtor files for bankruptcy, all collection efforts by creditors must cease. Therefore, they can not continue to collect on the filer's debt or property. Keep in mind ...
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341 Creditor's Meeting
Oct 22, 2010
Everyone that files bankruptcy MUST appear before the US Trustee at a meeting known as the 341 creditor's meeting. The purpose of the 341 meeting is for the Trustee to gather information about you for ...
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Who is Considered an "insider" in a Consumer Bankruptcy?
Oct 21, 2010
In a consumer bankruptcy, the trustee has the authority to recover any payments to an "insider" made within one year immediately preceding the commencement of the case. An "insider", if the debtor is a...
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What Not To Do When Contemplating Bankruptcy
Oct 20, 2010
Paying back a relative Relatives are considered "insiders" in the bankruptcy world. The bankruptcy code prohibits prefering one creditor over another. The bankruptcy trustee has the power to undo any...
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