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A type of bankruptcy called Chapter 7 is intended for people and corporations who are unable to pay their debts. It is also referred to as a “liquidation bankruptcy” since the bankruptcy trustee sells the debtor’s assets to pay off their creditors. The fundamentals of Chapter 7 bankruptcy, including what it is, how it operates,...
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The thought of declaring bankruptcy can be intimidating, and many individuals worry that doing so will damage their credit or possibly cause them to lose their assets. However, declaring bankruptcy can have a lot of benefits that can help people get back on their feet and restore control over their finances. We’ll go through a...
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When you file for bankruptcy protection, you are required to attend a meeting of creditors. This meeting is required by 11 USC §341, so it is also commonly referred to as the “341 meeting.” It is normal to feel nervous about attending this meeting. For guidance on what generally occurs at the 341 meeting, please...
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Amendments to the Bankruptcy Code were made in 2005 and one of the most significant additions to the law was the requirement of a debtor to pass the “means test” to be eligible to file a Chapter 7 bankruptcy. The means test is a calculation used by the bankruptcy courts to verify that a debtor is...
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Pursuant to 11 U.S.C. §341, whether you file a Chapter 7, 11 or 13 bankruptcy case, you are required to attend a meeting of creditors. The meeting of creditors is a time for the trustee and your creditors to ask you questions regarding your finances. It is also commonly called the “341 meeting” and it is...
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All debtors are required to attend a meeting of creditors, as required by Section 341 of the Bankruptcy Code. It is normal for you to feel nervous about appearing before the trustee and your creditors to answer questions under oath about your finances, but a seasoned bankruptcy attorney will make sure you are fully prepared...
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If you are considering filing an individual Chapter 7 or Chapter 13 case, it is important to understand all of the pros and cons associated with bankruptcy. How will my credit score be impacted by bankruptcy? One of the primary concerns debtors have is how it will impact their credit score. The answer differs for...
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If your company is considering filing bankruptcy and you deal with several vendors, it is important to understand what is meant by the term “preferential transfer.” A preferential transfer is a payment (in money, goods or other) that is made to a creditor within the 90 days preceding the filing of the bankruptcy petition that...
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The United States Bankruptcy Court for the Middle District of Florida, as well as the other districts of the state, has initiated the Mortgage Modification Mediation (MMM) program (also referred to as the Loss Mitigation Mediation program) in an effort to assist individuals with obtaining mortgage modifications. The program allows debtors who own an interest...
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