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The lawsuit, filed in the Southern District of New York, targets the defendant, a debt collection attorney accused of continuing to collect on judgments against former students of the Technical Career Institute (TCI) despite TCI having filed for Chapter 7 bankruptcy. The background: Technical Career Institutes, Inc. Learn more.
The plaintiff, who had previously filed for Chapter 7 bankruptcy, had received a discharge order. The letter included language that, even though the plaintiff was no longer personally liable due to bankruptcy, the letter was part of an effort to enforce the mortgage lien against the property. Read the ruling.
A bill has been signed into law in Arizona that raises the homestead exemption on judgments to $250,000 from $150,000, but has “gutted the protections” that were previously included in the state, according to one bankruptcy attorney, because the law now allows any judgment to be attached to a home and allows judgments to be … The (..)
The background: The plaintiff filed bankruptcy protection in January 2020, listing the debt in question. The debt was discharged in April 2020 when the creditor did not object to the bankruptcy or appear at any hearings.
One of the challenging topics when filing for bankruptcy is whether or not to tell creditors. Should you inform your creditors about your plan to file for bankruptcy, or is it a bad idea? Your objective of notifying creditors about your plan can help you determine if doing so can be beneficial or not.
A District Court judge in California has granted a defendant’s motion to dismiss after it was accused of violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by attempting to collect on a debt that had been discharged in bankruptcy.
Each year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The amendments address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. The rule amendments are ultimately adopted by the U.S.
For someone who’s pursuing Chapter 7 bankruptcy , this is especially important. Chapter 7 bankruptcies are liquidation bankruptcies, meaning non-exempt assets can be liquidated to pay your creditors back something. One of the most common assets that bankruptcy trustees seize is your tax refund.
Filing your taxes and filing for bankruptcy are two things that can be confusing and challenging on their own. Filing your taxes after filing for bankruptcy is not as complicated as it may seem, and if you are still confused after doing some research, you can always reach out to a bankruptcy lawyer. Tax Debt and Bankruptcy.
If you have been hit hard by the economic upheaval of the coronavirus, filing for bankruptcy may be your best option. At a time when thousands are already struggling with historic stressors due to the uncertainty caused by the pandemic, it may be that bankruptcy could relieve the pressures you find yourself facing.
Since 1991, the number of retirees filing for bankruptcy has tripled , with 12.2% of all bankruptcies being filed by people 65 and older. Unfortunately, all of this adds up to bankruptcy—something that is already scary to deal with as is but can be even more overwhelming and frightening for seniors.
THE COMPLIANCE DIGEST IS SPONSORED BY: BK Filings Surge in 2024, Continuing Rebound from Historic Lows Total bankruptcy filings jumped 14.2% WHAT THIS MEANS, FROM LAURIE NELSON OF PAYMENT VISION: The surge in bankruptcy filings in 2024 presents both challenges and strategic opportunities.
Bankruptcy is a smart, legal, and effective way to wipe out a mountain of old debts. There are many reasons why people resist bankruptcy, but some are based on fiction rather than facts. Maybe you’re avoiding bankruptcy merely because of a mistaken impression about it, so let’s clear things up. Assuming It Is Rarely Needed.
An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, and a law firm that may or may not do enough … The post (..)
Bankruptcy is sometimes the best solution for those struggling with overwhelming debt. They fear that other people will find out about their bankruptcy and view them as financially irresponsible. There’s nothing wrong with filing for bankruptcy, but worrying about what other people will think is understandable. Trustee Program.
One issue that you may worry about when filing for bankruptcy is whether or not it will affect your employment. In the midst of a stressful financial time when you are having to accept the idea that your finances are changing, it is normal to believe that there is a stigma attached to bankruptcy. Bankruptcy Code (11 U.S.
There are two primary types of bankruptcies that a person might file when struggling to pay their debts: Chapter 7 and Chapter 13. In a Chapter 13 bankruptcy , the debtor agrees to a payment plan instead of having their property taken to pay creditors. Nonexempt assets can still be used to pay creditors.
These creditors often use multiple ways to contact the debtor to demand payment. For a person who has too many debts and not enough income, filing for bankruptcy is one option they have to reclaim their financial future. One of the benefits of filing for bankruptcy is the automatic stay. What is the automatic stay?
Both being sued by a creditor and bankruptcy can feel like scary situations, but rest assured, filing for bankruptcy can help. Once bankruptcy is filed, whether it’s under Chapter 7 or Chapter 13 , an automatic stay prevents debt collectors from taking further legal action. Does bankruptcy clear lawsuit debt?
An emergency bankruptcy is a bankruptcy filing method that expedites the filing process to stop creditors and bill collectors from seeking debts from borrowers. Individuals can file an emergency bankruptcy, also known as a skeleton bankruptcy, under Chapter 7 and Chapter 13. When to File an Emergency Bankruptcy.
Filing for bankruptcy is a significant decision that can be simultaneously stressful and a source of relief for those who choose this path. When someone files for bankruptcy, an essential provision called the automatic stay comes into play. This turn of events is fundamental to the bankruptcy process.
Have you wondered what will happen to your credit report during and after your bankruptcy? When you’re working with a bankruptcy attorney at Sawin & Shea, one of the services we offer is reviewing your credit report. Your Credit Report as Part of Your Bankruptcy. We’re Making Sure Creditors Follow the Law.
Filing for bankruptcy is an important step for many individuals looking to overcome debts. Your investment real estate’s outcome depends entirely on whether you file for Chapter 7 or Chapter 13 bankruptcy. Investment Real Estate in Chapter 7 Bankruptcy. Investment Real Estate in Chapter 7 Bankruptcy.
Determining household size is an important measurement when facing bankruptcy. In fact, correctly determining household size can determine your eligibility for Chapter 7 bankruptcy. Most sections of the bankruptcy means test , which determines eligibility for Chapter 7 bankruptcy, focus on income and expenses.
If you are worried that people will know you’re filing for bankruptcy, let’s put your mind at ease. The widespread publishing of bankruptcy filings in local newspapers is a thing of the past. In fact, look closely at any bankruptcy notices that do appear in your local newspaper. Who Will be Notified About My Bankruptcy?
A bankruptcy can remain on your credit report for up to ten years from the filing date of Chapter 7 bankruptcy or up to seven years from the filing date of Chapter 13 bankruptcy. While bankruptcy may be a last resort, there are times where filing bankruptcy might make sense.
If you’re struggling with crippling debt this holiday season, filing for bankruptcy may be your best option for getting your finances back on track. Here’s what you need to know about getting through the holidays during bankruptcy. Those who are about to file for bankruptcy should also avoid accumulating substantial debt.
Although filing for bankruptcy can solve many of the issues you are dealing with, ease your stress level, and give you a chance to breathe, it cannot remove all of your worries. If you are contemplating filing for bankruptcy, you are probably overwhelmed with debt that you can’t repay while dealing with creditors.
It’s tempting to believe that filing for bankruptcy is like having a magical wizard wave his wand to make all of your problems disappear. Bankruptcy isn’t rare in the Hoosier state; Indiana has the 7th highest percentage of bankruptcies in the United States, based on population: 22,748 in 2019, or 3.38 per every 1,000 people.
Bankruptcy can be an overwhelming and challenging process. Understandably, this can make dealing with a bankruptcy seem impossible. However, as overwhelming as it all may seem, bankruptcy is often the best choice for many people, especially those who are struggling with crushing debt. How Does Reaffirmation of Debt Work?
When a firm files for bankruptcy, SIPC provides insurance coverage that will help replace or restore the customers’ cash and investments. Should a firm file for bankruptcy, customers’ investments held in custodial wallets might be considered property of the bankrupt company.
The debt purchaser in In re McIntosh argued that because it was enforcing a debt that was not listed correctly on the debtor’s bankruptcy schedules, it was entitled to assume the debt had not been discharged. As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition.
If you’re married and considering bankruptcy in Indiana, you’re probably wondering whether you can file alone and how this could impact your spouse. This is one of the most common questions for bankruptcy attorneys. Yes, you can file bankruptcy without your spouse. This is good news for Indiana residents.
A decision to file for bankruptcy is one that’s usually not made without considerable thought. Many consumers file for Chapter 7, which is known as the liquidation bankruptcy, or Chapter 13, which is known as the wage-earner’s bankruptcy. Means test In order to file for Chapter 7 bankruptcy, a filer has to pass the means test.
It’s no surprise then that thousands of individuals with student loan debt end up turning to bankruptcy for help. Though filing for bankruptcy may seem scary, there are many ways that it can help those drowning in debt get back on track. Will My Student Loans Be Discharged if I File for Chapter 13 Bankruptcy?
Each year amendments are made to the rules that govern how bankruptcy cases are managed the Federal Rules of Bankruptcy Procedure. The amendments address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. The rule amendments are ultimately adopted by the U.S.
Each year amendments are made to the rules that govern how bankruptcy cases are managed the Federal Rules of Bankruptcy Procedure. The amendments address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. The rule amendments are ultimately adopted by the U.S.
Most people enter into bankruptcy because they are experiencing financial hardship. However, though a person can be struggling at the time they file, this does not mean it isn’t possible for their financial situation to greatly improve while they are still paying off their Chapter 13 bankruptcy plan. In most cases, the answer is no.
Many people hold misconceptions about filing for bankruptcy. Perhaps the most common misconception is the notion that filing for bankruptcy means that you lose all of your wealth and possessions. In this article, we discuss what exemptions you can expect and what you might lose when filing for bankruptcy.
Filing for Chapter 7 or Chapter 13 Bankruptcy: Chapter 7 will wipe out (discharge) your medical debt along with other unsecured debt, but you must have low enough income to pass the means test in order to qualify for it. Chapter 13 bankruptcy is discussed below. Ten facts About Chapter 13 Bankruptcy and Medical Bills: #1.
If you are struggling to make payments on a second mortgage, it may be possible to file bankruptcy in an effort to have the debt discharged. Let's take a look at the process of filing for protection from creditors in Tennessee. What type of bankruptcy protection should you seek? You'll want to hire an attorney.
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