Bankruptcy

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

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

The Bare Bones Filing In Bankruptcy

Call: 888-297-6203 There is a sale date for your Jacksonville home. You have been counting on the possibility of mortgage modification because of which you were delaying in filing a bankruptcy, but now you have only 24 hours before the selling of your home. However, this can be stopped from happening. Filing for bankruptcy, even a few hours before the selling of the home, will bring the automatic stay in effect. An automatic stay stops the creditors from collecting until either the completion of the bankruptcy or the court’s permission for collecting again. There is a lot of [...]

2019-11-27T10:22:35+00:00

The Mobster Museum Files For A Chapter 11 Bankruptcy

Call: 888-297-6203 The Las Vegas Mobster Museum has gone bankrupt with a debt of 5.8 million dollars and has filed for a Chapter 11 bankruptcy. The museum, after the FBI evidence room, has the world’s largest collection of crime artifacts. The debt owed by the museum is proportionally more than the amount that Capone had owed to the IRS. Capone owed $215,000 to the IRS, at the time of his arrest in 1931, which is equivalent to almost 3 million dollars in today’s time. It had lead to 11 years’ imprisonment for Capone. JVLV Holdings LLC purchased the [...]

2019-11-27T10:21:27+00:00

Married Couples Get Unique Benefits In Bankruptcy Cases And Wage Garnishment

Call: 888-297-6203 Married debtors might get a unique opportunity over unmarried debtors in defending wage garnishments. Exemption from the garnishment of all the disposable earnings is allowed to any Head of a family under Section 222.11 of the Florida Statutes. According to Section 222.11(1)(c), ‘Head of the family’ is defined as any person who provides more than 50% support of the dependents. Thus, both the spouses can exempt their wages from garnishment, if each is providing more than half of the child support. Another trick used in a bankruptcy case is of filing for ‘Tenancy by the Entireties’, [...]

2019-11-26T10:56:29+00:00
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