Basic Powers of Debtors in Regard to Property in a Chapter 7 Bankruptcy
Apr 12, 2010
Exempting Property A chapter 7 debtor has the power to exempt (exclude) certain property from the bankruptcy estate. [see 11 USC section 522]. In general, the trustee can liquidate any non-exempt ass...
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Can a creditor continue attempting to collect a debt AFTER the Bankruptcy Petition has been filed?
Apr 07, 2010
In most cases, collection attempts will STOP shortly after your Bankruptcy Petition is filed, due to what is known as the Automatic Stay. In short, the Automatic Stay is an Injunction that goes into ef...
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In California, How Long Do I Have to Wait Before I am Officially "Divorced"?
Apr 06, 2010
In California, there is a six-month waiting period before a divorce can be finalized. The six months starts from the date the Petition is served. It is the goal of the State of California that the six ...
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California is a Community Property State. What Does That Mean?
Apr 06, 2010
In a community property state, property is classified as either community property or separate property. Community property, but not separate property, will be divided equally in a dissolution of marri...
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In a CA divorce, how does misconduct by either spouse affect the final judgment of the court?
Apr 06, 2010
Because California is considered a "no-fault" divorce state, misconduct by either spouse typically does not come into play. Specifically in the division of property, bad acts such as infidelity, etc., ...
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What if a Creditor Attempts to Collect a Discharged Debt After the Bankruptcy Case Has Concluded?
Apr 06, 2010
If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankrup...
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May an Employer Terminate a Debtor or Refuse to Hire Solely Because Debtor Sought Bankruptcy Relief?
Apr 06, 2010
The law provides express prohibitions against discriminatory treatment of debtors by both governmental units and private employers. A governmental unit or private employer may not discriminate against ...
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Chapter 7 Bankruptcy Eligibility
Apr 06, 2010
To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. 101(41), 109(b). Subject to the means ...
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The Role of The Chapter 7 Bankruptcy Trustee
Apr 06, 2010
When a chapter 7 petition is filed, the U.S. trustee (or the bankruptcy court in Alabama and North Carolina) appoints an impartial case trustee to administer the case and liquidate the debtor's nonexem...
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Can a bankruptcy discharge be revoked?
Apr 01, 2010
How: The court may revoke a discharge under certain circumstances. For example, a trustee, creditor, or the U.S. trustee may request that the court revoke the debtor's discharge in a chapter 7 case b...
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