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What is a notice of bankruptcy and stay?
When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."
How do you price belongings after a bankruptcy filing and how are things taken verified?
All possessions should be valued at 'yard/garage sale' prices. When filing bankruptcy schedules all the information they contain is presumed to be given under oath. If any information is found to be false or misleading, the person(s) can be charged with perjury, contempt of court and a few other very unpleasant things.
You are filing for bankruptcy and the car is in your name only for insurance purposes and you use it to take your disabled mother about Can it be taken in bankruptcy?
No!
Do you get tax refund after bankruptcy discharge?
Depends on if your due a refund to start...and if it was taken from earnings before your filing or after.
Is child support taken during a bankruptcy?
In general, bankruptcy stops debt collection, at least temporarily. However, child support debts are not discharged in bankruptcy - the bankrupt person still owes whatever support was ordered by the court(s).
Will chapter 7 bankruptcy stop a foreclosure in California?
Yes, temporarily. Filing for bankruptcy protects your from collection actions taken by your creditors, including foreclosure during the proceedings.
What is the use of a corporate bankruptcy attorney?
The use of a corporate bankruptcy attorney is to assist in the legal proceeding of filing for bankruptcy for a corporation. An attorney is necessary to make sure the process goes smoothly and everything is taken care of.
What can be done if bankruptcy was not taken from your paycheck and now you are behind on payments?
The involved party should contact the bankruptcy trustee as soon as possible and explain the error. A trustee will generally give the person(s) thirty days in which to catch up on arrears before filing for dismissal.
What documents are required to file bankruptcy?
The process is elaborate and your Bankruptcy Lawyers Near Me will ask you for a long list of documents. It includes your assets, your debts and your rights. Your income and expense statement is a crucial document. For businesses filing for bankruptcy, you may have to answer tons of questions pertaining to your business to the Bankruptcy Lawyers Near Me to enable flawless filing. Prepare a complete list on what you owe and own. Not all the items on the list are taken away, you still get to retain some. The Bankruptcy Lawyers Near Me may be in a position to identify what you retain and what you lose. The document is scrutinized and after signing the documents, the petition is formally filed with the Bankruptcy Court.
When filing bankruptcy in Calif is it possible to keep a small savings account for emergencies?
ALL money, including CASH HAS to be reported to the bankruptcy court. If you are dishonest in anyway, it can compromise your ability to receive a discharge. It's fraud. AFTER you file bankruptcy, you certainly can start a small savings account; but, not prior. Any money prior would probably be taken to pay creditors by the trustee.
Can a creditor sell a repossessed vehicle they have had in their possession if the debtor files bankruptcy?
Possession is 9/10th of the law. Not if the vehicle qualified to be listed in the bankruptcy filing. In which case no action pertaining to the vehicle can be taken until the bankruptcy proceedings are finished.
How do you file Bankruptcy in Wisconsin?
Well, if you have to start with a question like that...considering how complex and involved the filing and process is, and how bad results can even be constued as criminal actions (your making sworn statement to a court...answering wrong is not taken lightly)...you get a lawyer. And BK is a FEDERAL court...state makes very little difference.
