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Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies.” Under this grant of authority, Congress enacted the “Bankruptcy Code” in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It...
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Oftentimes Bankruptcy and Divorce go hand-in-hand.  If you are in the process of getting divorced, it would be wise to consult a consumer attorney to analyze your financial circumstances, ensuring all of your obligations will be accounted for in the Divorce Decree/Separation Agreement, and to determine if you can handle paying them once you go...
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In this blog we will explore a very important step in your Chapter 7 Bankruptcy process: Your Chapter 7 Bankruptcy Petition Signing and Filing. Once you have met with me for your free initial consultation, retained me to file your Chapter 7 Bankruptcy Petition and delivered to me all of the required documents, I will...
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After we have our Initial Consultation and you have delivered your documents to me, I will analyze your financial circumstances and perform your Means Test.  A Means Test is an assessment used to determine if you qualify to file a Chapter 7 Bankruptcy. Before 2005 it was easy to file for bankruptcy; virtually anyone could...
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A: Chapter 13 of the Bankruptcy Code provides for adjustment of debts of an individual with regular income.  Basicall or texty it allows you to re-organize your debts and save your home and cars. A Chapter 13 Bankruptcy is also call or texted a wage earner’s plan. It enables individuals with regular income to develop a...
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What is Bankruptcy? Bankruptcy is a legal proceeding afforded to people (or businesses) who are unable to handle a financial crisis. Bankruptcy is made available by federal law so that you can have a fresh start. How Does Bankruptcy Work? After an individual qualifies and files a bankruptcy, legal protections are then instilled by the...
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What is Chapter 7 Bankruptcy? Chapter 7 Bankruptcy was enacted to allow persons who are hopelessly burdened by debt to have an opportunity for a new beginning by wiping out unsecured debts (debts that aren’t tied to any specific item of property, most commonly credit cards). Chapter 7 is designed for persons who cannot afford...
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Background A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a “reorganization” bankruptcy. An individual cannot file under chapter 11 or any other chapter if, during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court...
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Background A chapter 13 bankruptcy is also call or texted a wage earner’s plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor’s current monthly...
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