Sawin & Shea

SEPTEMBER 27, 2023

In this article, we will walk you through Indiana debt collection laws and some of the many exemptions that help you keep your personal, real, or intangible assets when you file for a Chapter 7 in the State of Indiana. What is Chapter 7 Bankruptcy? It’s also the most common with over 229,000 filings in 2022 alone.

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Sawin & Shea

JANUARY 19, 2022

Filing your taxes and filing for bankruptcy are two things that can be confusing and challenging on their own. When you put the two together, it can cause debtors even more stress. In a Chapter 7 bankruptcy case, for example, you can only get income tax debt discharged. How to File Taxes After Bankruptcy.

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Sawin & Shea

AUGUST 9, 2022

When a person files for bankruptcy, they are typically seeking to ease their financial situation by getting rid of their debt. With a Chapter 13 bankruptcy, the debtor agrees to a payment plan to pay off their debt, which means they don’t have to surrender their property as collateral.

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Roths Child Law

NOVEMBER 16, 2022

People who have too much debt and can’t make payments often declare bankruptcy to help relieve them of their financial obligations. This often saves debtors from the long-term damages and consequences of unpaid debt. Here’s what you should know: What is Chapter 7 bankruptcy? What is Chapter 13 bankruptcy?

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Roths Child Law

JUNE 17, 2021

You may be able to negotiate a reduced settlement with your creditor to alleviate yourself of that pesky bill. Debtors with multiple delinquent accounts don't often have the luxury of negotiating balances. It's unlikely that their various creditors will all agree to renegotiate. What is the means test, and how does it work?

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Sawin & Shea

JUNE 2, 2021

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.

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Debt Free Colorado

DECEMBER 7, 2016

Chapter 7 bankruptcy may seem intimidating, but as you can tell from the following infographic, the steps that go into successfully completing your case are pretty straightforward. For those of you who may not be able to view the image, the text follows: Chapter 7 Bankruptcy Timeline. 13 bankruptcy.

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Sawin & Shea

AUGUST 17, 2022

In a Chapter 13 bankruptcy , the debtor agrees to a payment plan instead of having their property taken to pay creditors. In contrast, in a Chapter 7 bankruptcy , the bankruptcy trustee will often use property to help pay off creditors before the remaining debt gets discharged.

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Troutman Sanders

JANUARY 29, 2024

As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition. She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue.

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Jimerson Firm

DECEMBER 29, 2023

When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily consumer debts files for Chapter 7 bankruptcy.

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Sawin & Shea

DECEMBER 7, 2022

Those who are about to file for bankruptcy should also avoid accumulating substantial debt. Many debtors make the mistake of racking up more debt before filing because they figure that they’ll be able to discharge it. With Chapter 7 bankruptcy , you reaffirm your secured debts while discharging unsecured debts.

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Roths Child Law

APRIL 30, 2021

Many consumers who find themselves unable to pay their bills look to different debt relief options to gain a fresh financial start, including bankruptcy. Chapter 7 bankruptcy can provide you with that clean financial slate that you're looking for where you can wipe away most of your debts. Not passing the means test.

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Sawin & Shea

JUNE 18, 2020

Many people keep control over their assets through the use of bankruptcy exemptions, which are special rules that allow people who are filing for a Chapter 7 bankruptcy to keep certain property if its value is less than the amount of the exemption. How Do I Protect My Home During Bankruptcy? This is rarely true.

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Sawin & Shea

DECEMBER 29, 2021

Debtors in Indiana can protect exempt property under both a Chapter 7 and a Chapter 13 bankruptcy. However, the property that is considered nonexempt will be handled differently depending on which chapter you file. Property in Chapter 7 Bankruptcy. Property in Chapter 13 Bankruptcy.

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Roths Child Law

JANUARY 13, 2022

However, you can get rid of the financial and emotional pressure of being a debtor by filing for Chapter 7 or Chapter 13 bankruptcy. Both Chapters can help you start anew and discharge your debts, but they work differently. Chapter 13 doesn’t work the same way. The main difference.

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Debt Free Colorado

DECEMBER 9, 2021

Most people filing for either Chapter 7 or 13 bankruptcy will work directly with an attorney to determine the best option for each financial circumstance. Chapters 7 and 13 of the Bankruptcy Code – Awareness. You should get legal assistance from a knowledgeable bankruptcy attorney in Denver.

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Sawin & Shea

MARCH 28, 2023

If you’re considering filing Chapter 7 or Chapter 13 bankruptcy, you need to be aware of the different components of the filing process, including the role of the bankruptcy trustee. The full scope of the bankruptcy trustee’s responsibilities will depend on whether you’re filing under Chapter 7 or Chapter 13.

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Sawin & Shea

JANUARY 5, 2022

Filing for bankruptcy is often a necessary yet scary and confusing process for debtors. While you may not want to file bankruptcy, it is often the best choice if you are struggling to get by. Though filing for bankruptcy is a challenging process, it will go a lot smoother if you look into hiring an attorney to help.

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Credit Corp

MAY 3, 2023

However, we’ve provided some basic answers below to the question, “What is the difference between Chapter 7, 11, and 13 when it comes to bankruptcy?” In This Piece Understand the Types of Bankruptcy How Do You Know Which Bankruptcy Type is Right for You? What Is Chapter 11 Bankruptcy?

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Jimerson Firm

DECEMBER 27, 2023

When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily business debts files for Chapter 7 bankruptcy.

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Fraser

JUNE 25, 2020

As chapter 11 bankruptcies continue to increase (many analysts are forecasting the “ wave ” of filings to grow), more businesses and individuals will be impacted by the fallout. For creditors to maximize their recoveries, they must stay informed and take action during a bankruptcy proceeding. The Petition Date.

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Jimerson Firm

MAY 30, 2024

The Bankruptcy Code provides debtors with a fresh start or an opportunity to reorganize their debts. In doing so, the Code requires all debtors to provide, under oath, a full disclosure of their assets and liabilities. Such property includes causes of action belonging to the debtor at the commencement of the bankruptcy case.

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Titan Consulting

AUGUST 23, 2020

In many cases, you may also lose certain secured assets like homes and cars in a liquidation to pay your creditors some of what you owe. You must qualify to file for bankruptcy, and your income must meet an income means test. The bankruptcy trustee will sell any non-exempt assets to repay debtors before a discharge occurs.

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Sawin & Shea

APRIL 10, 2024

Chapter 7 bankruptcy is a great financial solution for those struggling with debt, especially unsecured debts. With Chapter 7 bankruptcy, you as the debtor can discharge most unsecured obligations after liquidating nonexempt assets. What Is Chapter 7 Bankruptcy?

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Collections Law

SEPTEMBER 10, 2021

Filing your proof of claim Once you receive notice that your debtor has declared bankruptcy, you should review the paperwork and your status as a listed creditor. You should also have the chance to attend a meeting with the debtor to ask questions regarding the bankruptcy filing. What about preference actions?

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Debt Free Colorado

JANUARY 27, 2022

They then exercise control over the merchandise sold to satisfy creditors. They will sell them and use the revenues to pay for the bankruptcy’s fees , charges, and expenditures before paying creditors. The Trustee confiscates your bank and savings accounts when the bankruptcy order is issued. Non-Exempt Assets.

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Sawin & Shea

JANUARY 11, 2024

Medical bills, credit cards, payday loans, and struggling businesses – it can seem like the letters and calls from creditors will never stop. Bankruptcy filings for both individuals and businesses are on the rise. Since 2005, a debtor education course from an approved provider is mandatory for anyone who files for bankruptcy.

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Sawin & Shea

APRIL 6, 2021

Just months after filing for bankruptcy, many people find new credit card offers in their mailboxes because the credit bureaus are already reporting a better score. Contrary to popular belief, bankruptcy doesn’t ruin the dream of becoming a homeowner. During a Chapter 7 bankruptcy, you’ll likely be ineligible to get a home loan.

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ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . In In re Marlena Joy Pizzo , the United States Bankruptcy Court for the District of South Carolina held that a debtor may voluntarily contribute to her retirement plan while paying creditors under a bankruptcy plan. [1] 6] The court referred to 11 U.S.C.

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Sawin & Shea

FEBRUARY 14, 2023

Whether you are filing for Chapter 7 or Chapter 13 , we can assist you, both with the process of filing and even after your bankruptcy has been discharged. Credit Scores: What Happens When You File for Bankruptcy? Most Chapter 7 cases are what is called a “no-asset” case and the debtors keep everything they have.

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Sawin & Shea

MARCH 14, 2023

Indiana allows debtors to exempt assets when filing for bankruptcy up to a certain monetary amount, and that amount recently increased. In this blog, we’ll share the details regarding this exemption increase, the different exemption categories, and how these exemptions impact Chapter 7 and Chapter 13 bankruptcy.

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Roths Child Law

MAY 7, 2023

Bankruptcy is a legal process that allows individuals or businesses to eliminate or reorganize their debt. The goal of bankruptcy is to provide debtors with a fresh start financially while also helping to ensure that creditors receive some repayment for their debts.

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Mich Bankruptcy Blog

JANUARY 17, 2021

When an individual files a Chapter 7 bankruptcy case, the debtor’s non-exempt assets become property of the estate that is used to pay creditors. Read More › Tags: Chapter 7 , Eastern District of Michigan , Estate Planning.

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Debt Free Colorado

JANUARY 10, 2022

When a business or an individual cannot meet financial responsibilities or pay to creditors, there is an option to declare bankruptcy. Bankruptcy is a legal process to discharge debt and starts with a bankruptcy petition filed in court. Federal courts have exclusive jurisdiction over bankruptcy cases.

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Roths Child Law

AUGUST 2, 2024

What type of bankruptcy should you file for? Two common forms of bankruptcy include Chapter 7 and Chapter 13. Chapter 7 bankruptcy is a popular choice because it can resolve most forms of debt for people who have almost no means of resolving their debt by themselves.

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Albuquerque Law

MARCH 23, 2021

It will help to look at the facts versus the myths that often surround Chapter 7 bankruptcy. Fact: Chapter 7 does mean liquidating assets. It is true that filing Chapter 7 bankruptcy does mean you may have to liquidate some of your assets. But is this truly something you should worry about?

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Troutman Sanders

FEBRUARY 22, 2023

In a unanimous decision, the Supreme Court held that § 523(a)(2)(A) of the Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor’s own culpability. As background, in 2005, the debtor and her then-boyfriend jointly purchased a house in San Francisco. In Bartenwerfer v.

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