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How Do Judgment Collections Work in Bankruptcy?
When filing for bankruptcy, the law provides for an automatic stay, which is essentially an injunction issued by the Federal Court, that stops all collection activity. Learn why judgment...
How to Negotiate a Corporate Bankruptcy Plan
Negotiate a corporate bankruptcy plan by identifying the assets as well as the liabilities of the company and develop a plan for the restructuring of the debt. Seek legal advice and file the...
What Is Chapter 11 Bankruptcy?
Chapter 11 bankruptcy is typically a corporate re-organization case in which the corporation identifies the creditors in order to file a disclosure statement, which identifies the financial...
What Is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is a re-organizational bankruptcy for people with regular income, which provides for a mechanism to repay your creditors over a period of time. Learn how Chapter 13 applies...
What Is Chapter 9 Bankruptcy?
Chapter 9 bankruptcy is reserved exclusively for municipalities as a re-organizational bankruptcy, during which the municipality or the debtor can restructure its debts to its creditors. Learn how...
What Is an Unsecured Claim in Bankruptcy?
An unsecured claim in bankruptcy means that the bankruptcy filer will not receive any money until all the priority and secured claims have been paid. Seek legal advice and fill out the necessary...
What Is a Secured Claim in Bankruptcy?
A secured claim in bankruptcy means that the bankruptcy filer is secured to a specific item or items of the debtor's property. Seek legal advice and safely file a secured bankruptcy claim with...
How are Federal Exemptions Determined in Bankruptcy?
Federal exemptions are determined in bankruptcy according to federal and state law. Seek legal advice and decide if applying for a federal exemption is the appropriate choice with information from...
Requirements for Eligibility for Chapter 13 Bankruptcy
Chapter 13 requires applicants to be a natural person, an LLC or any other entity besides a corporation. Seek legal advice and determine what Chapter 13 requirements can be accomplished with...
What Is an Executory Contract & Breach?
An executory contract is a contract between the debtor, the person or entity that filed bankruptcy and the third party where some performance is still outstanding due to oweing a lease on...
What Is a Fraudulent Conveyance?
Fraudulent conveyance or fraudulent transfer is a transfer by the debtor to a third party for less than reasonably equivalent value or fair market value. Seek legal advice and learn how fraudulent...
What Is Equitable Subordination?
Equitable subordination is an equitable remedy provided by the bankruptcy court, in which a court can subordinate the claim of the wrong-doer so that they can't receive any benefits until the...
How to Determine If a Conflict of Counsel Exists in Bankruptcy
Determine if a conflict of counsel exists in bankruptcy depending on whether or not the lawyer has a conflict of interest between the creditor and debtor. Learn how lawyers are legally obligated...
How to Determine Jurisdiction for Bankruptcy
Bankruptcy court has the authority to force the return of property to sanction parties, who failed to comply with its orders. Seek legal advice for help in this complicated area of law with...
How to Purchase a Car During Chapter 13 Bankruptcy
Purchase a car during Chapter 13 bankruptcy by getting the trustee's permission to buy a vehicle suitable with regard to your disposable income. Address a judge and file a motion with the court to...
Renting a House During Bankruptcy
Rent a house during bankruptcy by gathering a copy of the lease and obtaining permission of the Chapter 13 trustee. Petition the courts and file a motion with the judge to rent a house during...
Tricks of Bankruptcy
There are no tricks for filing bankruptcy, but by researching and providing a lawyer with important information regarding assets and expenditures, people can build a substantial case in one of the...
Types of Bankruptcy
There are two main types of bankruptcies, re-organizational bankruptcy, which allow people to restructure debt and liquidation bankruptcy, which wipes out debt. Learn about Chapter 13, Chapter 7...
What Happens After Bankruptcy?
After bankruptcy is filed, people should expect to have a poor credit report and should begin making timely credit payments to slowly regain credit during the sensitive rebuilding process. Pay...
What Is Purchase Money Security Interest in Bankruptcy?
Items subject to purchase money security interest, allow the creditor the right to recover that property from your bankruptcy if an agreement and payment plan of the remaining balance can't be...
What Is the Fair Credit Reporting Act?
The Fair Credit Reporting Act is the federal body of statutes that govern consumer credit reporting in the United States. Learn about the provisions and procedures associated with the Fair Credit...
Comparing Consumer & Business Bankruptcies
Consumer and business bankruptcy cases are similar with regard to the discharge of debt, yet they vary when it comes to re-organizational process. Learn about the complex and expensive process of...
What Is Chapter 7 Bankruptcy?
Chapter 7 bankruptcy is typically looked at as a liquidation bankruptcy, in which a trustee examines your income, expenses, assets and liabilities after filing a claim. Learn how Chapter 7 is used...
How to Establish Credit After Bankruptcy
Establish good credit after bankruptcy by obtaining an accurate credit report, getting a secured credit card from your local credit union and by making credit payments on time. Rebuild good credit...
How to File Bankruptcy
When filing for bankruptcy, seek out the professional help of a lawyer and gather important information regarding the names and addresses of all of your creditors. Gather information regarding...
How to File for Bankruptcy as an Individual Debtor
File for bankruptcy as an individual debtor by hiring a professional bankruptcy lawyer, gathering information regarding your creditors and by gathering a list of your assets. Acquire copies of tax...
How to File for Bankruptcy for Your Business
File for bankruptcy for your business by hiring a lawyer and gathering important documentation regarding business expenditures, assets, inventory and received accounts. Review tax returns and...
How to Get a Bankruptcy Off Your Credit Report
Getting a bankruptcy off a credit report is an impossible task due to the fact that the Fair Credit Reporting Act mandates that bankruptcy should remain on your credit report for 10 years from the...
How to Get Out of Debt Without Bankruptcy
Get out of debt without bankruptcy by contacting the Consumer Credit Counseling Service to negotiate compromised payment plans with creditors and formulate a budget. Retire debts and improve...
How to Compare Debt Settlement vs. Bankruptcy
Debt settlements and bankruptcy plans vary with regard to building credit scores and tax liability. Seek legal advice and learn about the tax implications of debt settlement with information from...
How to Erase Bankruptcy
Erasing bankruptcy is a misconception because the Fair Credit Reporting Act declares what is acceptable for removal from your credit report. Rebuild your credit report and avoid misleading...
How to Establish Credit a Year After Bankruptcy
Establish good credit after bankruptcy by obtaining an accurate credit report, depositing money in a CD account and by making credit payments on time. Rebuild good credit a year after bankruptcy...
Can I Buy a House After Bankruptcy?
People who have filed for bankruptcy are eligible for FHA financing two years after their bankruptcy case has been discharged. Learn about the rules and regulations of the Federal Home Loan...
Can I File for Bankruptcy for Free?
Bankruptcy claims can be filed for free by filling out forms that are available online from the bankruptcy court in your district. Seek legal advice, and learn the procedure for filing bankruptcy...
Filing Bankruptcy for Small Business Relief
When filing bankruptcy for small business relief, consider the structure of the business and the reasons for filing before determining what legal actions to take. Seek legal advice and counsel...
How Does Bankruptcy Affect a Credit Score?
Bankruptcy has a negative affect on credit scores, which can be reestablished by obtaining an accurate copy of the credit score after the case has been dealt with. Learn to rebuild a stable credit...
What Is a Bankruptcy Petition?
A bankruptcy petition is an official document of the court that initiates the bankruptcy proceeding, and it prevents anyone from continuing a lawsuit against the person filing bankruptcy. Find out...
What Is a Bankruptcy Trustee?
A bankruptcy trustee is an individual or corporation appointed by the bankruptcy court to represent the bankruptcy estate. Discover how a bankruptcy trustee can take non-exempt assets and convert...
What Are All of the Various Types of Bankruptcy?
There are many types of bankruptcy, including Chapter 7, 11, 12 and 13, with Chapter 7 referring to the individual liquidation bankruptcy in which a debtor turns over their non-exempt assets to a...
How to Save a Home From Foreclosure
The best way to save a home from foreclosure is to make mortgage payments, but if this is impossible, the homeowner should consider talking with the mortgage holder to restructure the mortgage....
Pros & Cons of Chapter 7 Bankruptcy
Chapter 7 bankruptcy is when a debtor turns over their non-exempt assets to a bankruptcy trustee in order to pay off creditors, but the downside is that a person with a number of non-exempt assets...
What to Keep When Filing Bankruptcy
When filing bankruptcy, the decision of what to keep is largely dependent on whether or not an individual files a Chapter 13 reorganization, in which they should be able to keep their property....
How to Find Out if Someone Filed Bankruptcy?
The best way to find out if someone has filed bankruptcy is to check with the bankruptcy court in the region in which the individual is located. Discover what information is needed to check...
How to Stop Fannie Mae Foreclosures
Fannie Mae refers to the Federal National Mortgage Association, and the way to stop a Fannie Mae foreclosure is to get in contact with them to try to modify the mortgage. Find out how to lengthen...
What Is Bankruptcy Discharge?
Bankruptcy discharge is the release of a debtor's personal liability for certain dischargeable debts, which are defined by the bankruptcy code. Learn more about dischargeable debts from a...
What Is Chapter 7 Bankruptcy?
Chapter 7 bankruptcy is a liquidation of a debtor's non-exempt property, and this involves the listing of assets and liabilities. Make a list of income and monthly expenditures with help from a...
How to Refinance to Stop Foreclosure
Before a foreclosure process starts, read a mortgage closely to find out a specific financial position. Restructure mortgage payments or come up with a payment plan with help from a certified...
How to Stop Foreclosure Without Going Bankrupt
The best way to stop foreclosure without going bankrupt is to make that back payments that are owed. Talk with a lender to try to come up with a repayment plan with help from a certified family...
How Much Will It Cost to File Bankruptcy?
Even if a person files for bankruptcy themselves, there are still filing fees that the government requires, and these can be several hundred dollars or more. Discover what to expect for attorney's...