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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 Chapter 13 bankruptcy plan essentially puts you on an allowance for a period of time, to help you catch up on your bills, start rebuilding your credit score and get on with your life free of creditor harassment. The Plan A Chapter 13 bankruptcy is sometimes referred to as the “wage-earner plan” or “repayment...
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Payday loans are generally dischargeable without any arguments in a Chapter 7 Bankruptcy, because these loans are unsecured debts. There are, however, a few special cases. Fraud If you borrowed money within 90 days prior to filing bankruptcy, there is a presumption of bankruptcy fraud. Simply stated, the law presumes that you never intended to...
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Preventing Home Foreclosure A previous post discussed some of the general aspects of a Chapter 13 Bankruptcy plan. For a homeowner who is delinquent their mortgage, the amount to be repaid may be substantially lower than the amount the moneylender claims that you owe. Mortgage Company Reasonableness Most mortgage companies are upfront and evenhanded when...
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Recent scheduled meetings of the Bankruptcy Rules Committee were cancelled, apparently due to lack of interest. There had been two meetings scheduled in January 2014, one in Chicago and one in Washington, D.C. According to federal law, meetings may be cancelled if there is a lack of public interest, the Standing Committee sees a need...
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The Middle District of Florida recently ruled that the automatic stay is a blanket protection that applies to multiple creditor claims, even if there is not a perfect symmetry of parties. The creditor is also known as the lender and the debtor as the borrower. Facts In Peterson et al v. Avantair et al, Avaintair...
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Distressed homeowners in the Northern District of Florida now have an additional option to try and keep their home. The court’s Mortgage Modification Mediation service allows homeowners, and lenders, access to experienced Chapter 13 mediators at a reduced cost. Although the parties are not required to reach an agreement, courts are generally much more inclined...
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In a boon for debtors, a federal court recently interpreted Section 523(a)(6) very narrowly. Facts In Communitywide Federal Credit Union v. Laughlin, Mr. Laughlin purchased a new car, with an $18,000 loan from CFCU. Ms. Laughlin was awarded the car in their divorce. A short time thereafter, Ms. Laughlin returned the car to Mr. Laughlin,...
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A group of former NFL players recently filed a lawsuit against the league, claiming that it exposed them to probable brain damage. National Football League players aren’t the only footballers who struggle with life after retirement and file bankruptcy. According to a charity set up for former English League soccer players, 33% of players are...
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The credit counseling requirement was one of the more talked-about Chapter 7 reforms in the last round of legislative updates. Now, almost a decade later, what does this prerequisite mean in practical terms? Does the average consumer filer even notice this requirement? Credit counseling background The main reason that legislators took up bankruptcy reform in...
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