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Protecting Your Constitutional Rights in US Bankruptcy Court
from: Deb St. George - HomelessInKingCounty.comThe US bankruptcy court is a federal court that administers the bankruptcy code. The USA Constitution authorizes Congress to create bankruptcy laws that are uniform, and a major law was passed in 1978. This uniform set of laws that were created were called the Bankruptcy Code. Naturally the laws have been changed or amended over the years, and the newest bankruptcy laws were enacted in October 2007.
Like any government institution, the US bankruptcy court has many codified procedures it must follow. The procedures are called Bankruptcy Rules and that is where you will find the rules related to handling individual and business debts. The rules are complex and cover a variety of different kinds of bankruptcies. But even with 6 types of bankruptcies called “chapters”, each bankruptcy is unique in its own way. That is why you should let an attorney handle your bankruptcy so that all of your rights are protected and you are assured of getting the best bankruptcy filing possible for your situation.
The US bankruptcy court will probably never be seen by most people filing a chapter 7 or chapter 13. In order to keep the court dockets cleared for more complicated cases and to prevent case backlogs, the court appoints a trustee to each bankruptcy case. The court has a bankruptcy judge who works for the district court system, but odds are you will only work with the trustee and your attorney. In fact, many times chapter 11 and chapter 12 cases are held outside the court too.
Of course, a creditor is given an opportunity to object to the discharge of the debt owed. In the case of chapter 7, most of the time the creditor who shows up at the trustee hearing represents the mortgage company. If you don’t have a house then there’s a good chance you will not hear any objections from creditors.
If you file a business bankruptcy and have creditors who want to take issue with your repayment plan then you might have to go to court. Also, a judge determines whether you will be allowed to file a chapter 7 or 13 in individual bankruptcy. If you are told you have to file a chapter 13, but are not happy with that decision, then you can appeal to the court by proving you have special circumstances that justify the chapter 7 filing.
Many individual bankruptcy filings are actually quite simple, but not all of them. The US bankruptcy court has all of the decision making power, but the goal is to give you a fresh start and free from as much debt as allowed under the law. Though you many not want to file bankruptcy, it is a good thing the US Constitution recognized that people can incur debt that gets out of hand. As a result of our forefather’s vision and understanding of human nature, you can find debt relief in a number of ways.
Bankruptcy Chapter 7 News
Starr County candidate denies bankruptcy history - Brownsville Herald
Starr County candidate denies bankruptcy history Brownsville Herald Jesus Maria “Chuy” Alvarez, who is running for the Precinct 1 seat on the Starr County Commissioners Court, filed for Chapter 7 bankruptcy with the US Court Southern District in March 2005. He then changed his filing to Chapter 13 bankruptcy in ... Filings detail Starr County candidate's bankruptcy, tax history |
Chapter 7 Bankruptcy in 7 Steps: The Bankruptcy Discharge - JD Supra (press release)
Chapter 7 Bankruptcy in 7 Steps: The Bankruptcy Discharge JD Supra (press release) In Arizona you can expect to receive your discharge to be entered approximately 60-90 days after the Meeting of Creditors - or about 4 to 5 months after your chapter 7 bankruptcy case is filed. While the entry of the discharge order signals the ... |
713 Training Offers Attractive Bankruptcy Assistant Training Packages at ... - SBWire (press release)
713 Training Offers Attractive Bankruptcy Assistant Training Packages at ... SBWire (press release) A virtual Bankruptcy Assistant is a private, self-employed contractor who works from home for attorneys who do work in bankruptcies. The bankruptcy Assistants are highly skilled in drafting highly detailed, accurate and professional chapter 7 and ... |
Fooled by pal Petters, restaurateur now bankrupt - Minneapolis Star Tribune
 Minneapolis Star Tribune | Fooled by pal Petters, restaurateur now bankrupt Minneapolis Star Tribune Earlier this month, as Petters' last direct appeal for a new trial was denied by the US Supreme Court, Vlahos was in US Bankruptcy Court in Minneapolis making a Chapter 7 filing to wipe away more than $11.8 million in obligations. Twin Cities Restaurateur Vlahos Files for Ch. 7 Bankruptcy Champps founder Dean Vlahos files Ch. 7 after Petters scheme |
Can Bankruptcy Prevent a Foreclosure? - RealtyBizNews
 RealtyBizNews | Can Bankruptcy Prevent a Foreclosure? RealtyBizNews The most common form of personal bankruptcy is known as Chapter 7. This is a bankruptcy motion where a homeowner tells the court they are no longer able to make any payments to their creditors and asks for all of their debts to be discharged or ... Bankruptcy Law and Inheritance |
Commander bankruptcy delayed for fourth time - Southeast Missourian
Commander bankruptcy delayed for fourth time Southeast Missourian City officials had filed a motion asking Parker to convert the company's bankruptcy status from Chapter 11 to Chapter 7. That would allow the company's assets to be sold so the city could recoup a bigger portion of its losses. |
Nassau Broadcasting Sells its Assets in Bankruptcy Court - http://www.totalbankruptcy.com
Nassau Broadcasting Sells its Assets in Bankruptcy Court http://www.totalbankruptcy.com The Goldman Sachs affiliate had been one of the three major creditors that forced Nassau to file for Chapter 7 bankruptcy last September. According to an order filed with the US Bankruptcy Court in Wilmington, Delaware, Nassau “demonstrated good, ... |