Articles Posted in Bankruptcy

When you are overwhelmed, and in debt, you may have tried other ways to get financial relief before you realized that bankruptcy is your best option. Most people don’t realize that there are some things that you should avoid before you file your bankruptcy paperwork with the court. There are specific actions that the court…

In 2005 the bankruptcy abuse prevention and consumer protection act was signed into law, stipulating that many types of retirement plans, including IRAs, are exempt assets in bankruptcy. These accounts cannot be used to satisfy creditors’ demands for payment on your debt. Protected Retirement Plans Company retirement plans such as simplified employee plan or SEP…

The United States bankruptcy code is divided into chapters, and each chapter represents a section of the code. The different chapters will help various debtors in their unique situations. Some are personal bankruptcies, while others are farmers and business bankruptcies. Chapter 7 Chapter 7 bankruptcy is a type of bankruptcy that eliminates all of your…

Bankruptcy was considered a creditors remedy in the beginning. The creditors could seize the property of the trader who was behind in payments and have them thrown in jail until his debts were paid. These jails were modeled after the workhouse debtor’s prison in London from the late 1600s to the early 1800s. The debtor…

A proof of claim is a document filed in the bankruptcy court to register a debt for the trustee to pay if funds are available. The creditor will need to list the amount of money owed, to whom, and any priority status if relevant as of the date the bankruptcy was filed. If a creditor…

When you file bankruptcy, the court will appoint a trustee to your case. The trustee is there to protect the interests of the creditors. Within a few weeks of submitting your bankruptcy paperwork to the court, the trustee will send you and your creditor’s notice of the time and date of the meeting of the…

Bankruptcy may be the fastest and easiest way to deal with your debt problems. If you do not have a better way to handle your debt, bankruptcy can give you protection from your creditors. Bankruptcy is a legal proceeding where you will want to get professional help to deal with the complicated rules and paperwork.…

Just like most other services, filing bankruptcy will cost money. An avoidable cost will be filing the legal forms and having them processed by the officers of the court. Fees vary by state and the type of bankruptcy you are filing. Attorney fees also vary by the type of bankruptcy you are filing and the…

A trustee will be assigned to your case within a few days of filing Chapter 13 bankruptcy. The court will send a Notice of Appointment of Trustee, providing the name, address and phone number of the trustee assigned to your case. The notice may also list any financial documents the trustee wants copies of and…

The automatic stay prevents most creditors, collection agencies or any other party seeking to collect a debt from you to contact you. By law, they must stop all collection attempts from you, this includes: ∙ Phone calls ∙ Letters ∙ Liens ∙ Wage garnishments ∙ Lawsuits ∙ Repossessions ∙ Shut off utilities or services ∙…