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Filing for bankruptcy can be overwhelming. It is normal to feel confused, scared and even hopeless when you begin the process. You will be faced with many foreign terms, procedural requirements and rules. One of the strange terms you will come across right away is the “mailing matrix.” Also referred to as the “creditor mailing...
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Filing for bankruptcy is a big life decision. As such, you shouldn’t rush into it. Since filing for bankruptcy is not always the best option, it is important to take the following alternatives into consideration before deciding to file for bankruptcy. Negotiation Believe it or not, creditors are often willing to negotiate with you to settle...
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If you’re thinking about filing for bankruptcy, you might not be sure of which debts are dischargeable in bankruptcy and which are not. One type of bankruptcy that most people think is not dischargeable in bankruptcy is back rent. However, this rent can actually be discharged as unsecured debt. If you are behind on your...
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An adversary proceeding is separate from the bankruptcy case that is taking place and it is important to understand this distinction. Put simply, an adversary proceeding is a separate lawsuit that arises during the bankruptcy case when a complaint is filed. An adversary proceeding is heard in front of a judge and is thus a judicial mechanism...
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You’re at the end of your wits. The call or texts come in non-stop. When you get home from work, there are messages on your answering machine. When you’re cooking dinner, the phone rings. When you’re eating dinner, the phone rings. When you’re watching Game of Thrones, the phone rings. When you’re trying to sleep,...
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If you’re an individual and feel that there is no way out of your debt troubles — filing bankruptcy may be your best option. Individuals file personal bankruptcy because they need financial relief and seek a second start: A Chapter 7 bankruptcy or a Chapter 13 Bankruptcy can help you overcome problems if: • You...
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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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Most people with debt problems are, at least intially, highly resistant to the idea of filing for bankruptcy.  Filing chapter 7 or chapter 13 is often viewed as taking the easy way out, or looked at as a good way to ruin one’s future credit rating, or as a moral failing best to be avoided.  These viewpoints, combined with financial stress...
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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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Absolute Priority The order of payment to the different classes of creditors mandated by the Bankruptcy Code. Accord and Satisfaction An agreement to settle a contract dispute by accepting less than what’s due. Adequate Protection The right of a party with an interest in the debtor’s property to assurances its interest will not be diminished...
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