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Twice Unlucky – Divorce And Bankruptcy

Call: 888-297-6203 Whether you like it or not, divorce and bankruptcy are connected. Financial troubles can lead to bankruptcy as well as divorce. Attorneys of Dallas based bankruptcy law firm Recovery Law Group reveal that nearly 14% of Jacksonville population filed for divorce at least once while nearly 11,000 people filed for bankruptcy in a year. Considering these statistics, there are bound to be some overlaps. When you file for Chapter 7 bankruptcy, the combined income of the couple must be less than the state median income for a household of similar size. If both the partners are [...]

2019-11-29T09:58:05+00:00

Different Kinds Of Debts In A Bankruptcy

Call: 888-297-6203 Debts in bankruptcy can be classified into three categories, namely, secured debts, unsecured debts, and priority debts. Priority debts include IRS debts, domestic support agreements and penalties for personal injuries or death occurred due to DUI offenses. These debts are generally non-dischargeable. Priority debts are still owed even after Chapter 7 or a Chapter 13 bankruptcy until they paid off. Secured debts are the debts with a purchase contract such as a house with a mortgage or a car with purchase money as security. In Chapter 7 bankruptcy, a debtor gets three choices in terms of [...]

2019-11-27T12:51:52+00:00

Creditors Can Bring Involuntary Bankruptcy

Call: 888-297-6203 The English Statute of Bankrupts was enacted in 1542 during the reign of Henry VIII. This act allowed the creditors to drive the debtors to involuntary bankruptcy by taking actions against them, sell their property and get themselves imprisoned to satisfy the debts. A lot of modifications have occurred over the last 450 years. Debtor’s prisons have been removed, but involuntary bankruptcy still exists. If a creditor proves that the debtor owes an unsecured debt of at least $14,425 to less than twelve creditors, he can bring an involuntary bankruptcy against the debtor. If more than [...]

2019-11-27T12:50:42+00:00

Debt Classification In A Bankruptcy

Call: 888-297-6203 Priority, secured and unsecured are the three classifications of debts in a bankruptcy. A secured debt needs a property as collateral, which can be confiscated by the creditor in case the debtor fails to pay off the debts. Mortgage loans are mostly secured by homes. Car loans usually have the car as collateral. An unsecured debt does not have any collateral as a security. Thus, in case of failure to pay the debts, the creditor will not be able to take the debtor’s property without getting any judgment. Priority debts are required to be paid before [...]

2019-11-27T12:37:03+00:00

Chapter 20 Bankruptcy And Mortgage Stripping

Call: 888-297-6203 Chapter 20 is an informal name of a unique situation in which a debtor gets the unsecured debts to discharge in a Chapter 7 bankruptcy and then files for Chapter 13 (7+13=20) to deal with the issues of other debts. According to 11 U.S.C. 1328 (f)(1), a debtor, who has received a discharge in Chapter 7 case in the last four years, will not get a discharge in Chapter 13 case. However, if the Chapter 13 case is likely to last at least for the next four years, the debtor can file for Chapter 13 a [...]

2019-11-27T12:32:07+00:00

A Bankruptcy Filing By An Ex-Spouse May Affect You

Call: 888-297-6203 Marital debts will not vanish because of a divorce. The creditor can still make attempts to collect from you despite the statement in the divorce decree that your ex will keep you harmless from creditors. Property division in divorce means the division of property. Often, the party, who is not liable for a different debt, gets an upside down home in exchange for it. Each party is supposed to pay the debts allocated to them and keep the other party harmless from them. In a county court, this order is enforceable as a ‘Contempt Action’. It [...]

2019-11-27T12:31:13+00:00

Homosexual Spouses Allowed A Joint Petition

Call: 888-297-6203 A homosexual couple got permission for filing a joint petition in a Chapter 13 bankruptcy case despite the argument of the Trustee that their marriage is illegal under the Defense against Marriage Act (DOMA), as only the couples who are legally married can file joint petitions in bankruptcy. But on June 13, 2011, a bankruptcy court in California denied the dismissal of a joint Chapter 13 bankruptcy case for homosexual couple debtors. Under 11 U.S.C. 302(a), gay spouse debtors are permitted to file a single petition. The court’s statement was: “In this court’s judgment, no legally [...]

2019-11-27T12:29:34+00:00

Middle District Of Florida Gets A New Chief Bankruptcy Judge

Call: 888-297-6203 The Honorable Karen S. Jennemann was declared the Chief Judge of Bankruptcy for the Middle District of Florida on October 1st, 2011. She is a graduate of William & Mary who had been practicing law for over 25 years in Florida. She presides in Orlando of Orange County, Florida. She replaced the former Chief Judge, the honorable Paul M. Glenn. He presided in Jacksonville of Duval County, Florida. Judge Glenn was appointed to the bench in 1993. He graduated from the Duke University in 1970 and has legal experience of over 40 years. The cases decided [...]

2019-11-27T12:28:02+00:00

Bankruptcy Should Be Filed Before Or After Foreclosure?

Call: 888-297-6203 Recently, the legal world has been debating about the filing of bankruptcy before or after the closing of the foreclosure. First of all, people facing foreclosure should not always opt for bankruptcy as it is not necessary that it is always the best option for them. In case bankruptcy is the right option for you, some attorneys might recommend you to file for bankruptcy after the foreclosure of your home. Thus, you will be allowed to discharge your debt and will be able to move on with your life, although, your options might get limited. Pre-foreclosure [...]

2019-11-27T10:25:13+00:00

Importance Of The Claims Bar Date In A Bankruptcy

Call: 888-297-6203 The Claims Bar date is indispensable in a bankruptcy. All the creditors are supposed to make a claim on the debtor’s estate till this date or they will not be allowed to collect their debt. This date gets generated automatically after the filing of the case, and first appears on the Notice of Filing. The creditors, who receive the notice of bankruptcy, must make a claim within 90 days. In case of improper bankruptcy notification, a creditor might be allowed to make a late claim. Governmental Units also have a claims bar date, though they get [...]

2019-11-27T10:24:08+00:00
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