Archive for 'Bankruptcy'

Bankruptcy Terms (t-z)

transfer -

Any mode or means by which a debtor disposes of or parts with his/her property.

trustee -

The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee’s responsibilities ...

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United States Bankruptcy Courts

Bankruptcy cases cannot be filed in State Court. The 94 Federal Judicial districts handle bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the Federal Bankruptcy Court.

Bankruptcy laws help people who can no longer pay their creditors and help them get a fresh start by liquidating their assets to pay their debts, or by creating a repayment plan.

Bankruptcy laws also protect troubled businesses and provide for orderly distributions to business creditors through reorganization or liquidation. These procedures ...

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Legal Assistance During Bankruptcy

Debtors are strongly encouraged to find competent legal counsel. Even if you cannot afford to pay an attorney, you may be able to qualify for free or discounted legal services.
View the Legal Assistance video.

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Bankruptcy Discharge

Debtors are usually able to discharge most or all of their debts. Once a debt is discharged, a creditor may not attempt to collect it from the debtor.
View the Discharge video.

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Court Hearings During Bankruptcy

In some cases, a debtor may be required to appear at hearings before a bankruptcy judge.
View the Court Hearing video.

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Inaccuracies During Bankruptcy are a Crime

A debtor must be honest and accurate in dealing with the court or face serious consequences, including being charged with a bankruptcy crime.
View the Bankruptcy Crime video.

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Creditors’ Meeting

Every debtor is required to appear at a creditors’ meeting conducted by a trustee who asks the debtor questions about the debtor’s financial condition and gives creditors the opportunity to do the same.

View the Creditors’ Meeting video.
www.uscourts.gov

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Credit Counseling During Bankruptcy

In order to file for bankruptcy, an individual must take a credit counseling course and accurately complete and file a number of documents.

View the Credit Counseling Video.
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Some Debts Cannot be Discharged in a Bankruptcy.

The following debts and not discharged in a bankruptcy:
Child Support
Alimony
Most Student Loans
Some Federal Income Taxes
All Employer Withholding Tax

View the  Debts Not Discharged video.

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Types of Bankruptcy

There are three main types of bankruptcy cases for individuals, the most common of which are chapter 7 and chapter 13.

View the Types of Bankruptcy video.
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Bankruptcy Basics

Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws. It also provides individuals who may be considering bankruptcy with a basic explanation of the different chapters under which a bankruptcy case may be filed and answers some of the most commonly asked questions about the bankruptcy process.

View the Bankruptcy Basics Video.
www.uscourts.gov

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10 Things Bankruptcy Court Won’t Tell You

1. “Personal bankruptcy’s not just for the poor.”
2. “When it comes to bankruptcy, one size doesn’t fit all.”
3. “We don’t want your house if we can’t get good money for it.”
4. “This could actually improve your credit score down the road.”
5. “Debt-settlement firms may do more harm than good.”
6. “Don’t settle with Mom first or fudge the condo in Boca.”
7. “Better save up before you file.”
8. “Just because your bills stop coming doesn’t ...

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How do I get Free Credit Reports?

An amendment to the federal Fair Credit Reporting Act requires each of the major nationwide consumer reporting companies to provide you with a free copy of your credit report, at your request, once every 12 months.

To order your free annual report from one or all the national consumer reporting companies, visit AnnualCreditReport.com, or call toll-free 877-322-8228.  Do not contact the three nationwide consumer reporting companies individually; they provide free annual credit reports only through AnnualCreditReport.com, 877-322-8228, and Annual Credit Report Request ...

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To Avoid Identity Theft What Information Should I Monitor?

Early detection of a potential identity theft can make a big difference. Keep an eye out for any suspicious activity by routinely monitoring:

Your financial statements. Monitor your financial accounts and billing statements regularly, looking closely for charges you did not make.

Your credit reports. Credit reports contain information about you, including what accounts you have and how you pay your bills. The law requires each of the major nationwide consumer reporting agencies to provide you with a free copy of your ...

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What are the Signs of Identity Theft?

Stay alert for the signs of identity theft, like:

•debts on your current accounts that you can’t explain.
•inaccurate information on your credit reports, including accounts and personal information, like your Social Security number, address(es), name or initials, and employers.
•not receiving bills or other mail. Follow up with creditors if your bills don’t arrive on time. A missing bill could mean someone has taken over your account and changed your billing address.
•receiving credit cards that you didn’t apply ...

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126,434 Americans filed for bankruptcy in July

Last month, 126,434 Americans filed for bankruptcy. This is the highest monthly total since changes were enacted five years ago. The increases are linked to unemployment, home foreclosures and tighter credit. This data comes from the American Bankruptcy Institute.
Recent bankruptcies include a couple of celebrities who have filed for Chapter 11 protection: actor Stephen Baldwin, who is fighting foreclosure, and former Philadelphia Phillies star Lenny Dykstra. Reported from USA Today.

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Consider alternatives to Bankruptcy

In many situations, filing for bankruptcy is the best remedy for debt problems. In others, however, another course of action makes more sense. If your main concern is that creditors are harassing you, bankruptcy is not necessarily the best way to stop the abuse. You can get creditors off your back by taking advantage of federal and state collection laws that protect you from harassing conduct.
If you have income, or you have assets you can sell, you may be ...

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Consider How Bankruptcy May Affect Your Personal Life

Bankruptcy can be invasive as you will have to disclose all details of your finances to the court. People in your community could find out you have filed bankruptcy. In a Chapter 7 bankruptcy, you can have property repossessed or taken away. Under a Chapter 13 plan, you might spend several years having to ask permission to spend your own money.

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Will Cosigners be Stuck With Your Debt?

If a friend or relative helped you get financing by cosigning a loan agreement, Chapter 13 bankruptcy will protect your cosigner, but under Chapter 7 they will be responsible for any debt you don’t pay.

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Is Your Pension, IRA, or 401(k) Safe?

In most states, you will not lose pensions, retirement accounts, or life insurance in bankruptcy. If you have a pension, a 401(k), an IRA, or life insurance, find out what’s protected in your state.

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