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2009-02-17 21:22:23
2009-02-17 21:22:23

No, presuming the credit card holder makes all the payments he is supposed to...the user is not liable for the debt on the card, and it is not part of his BK.


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Unpaid employees are priority unsecured bankruptcy claims up to approximately 10,000.

Common share holders during a bankruptcy are "last in line" to receive anything in a liquidation. Here's the order (ignoring creditors such as suppliers, customers, employees, which I don't know where they fit): Senior debt holders Junior debt holders Preferred stock holders Common stock holders - once everyone else's claims are satisfied, the "stockholders" get what's left. Usually in a liquidation, that is nothing.

Creditors holding secured claims cannot be dismissed in a bankruptcy. These claims will have to be reaffirmed or they can take back the property.


No. There are a few exceptions to discharge, so you would have to ask a bankruptcy attorney regarding your specific facts, but probably not in a small claims case that was settled.

Probably, assuming they are actually bankrupt. If they are not actually bankrupt, then the automatic stay will delay the small claims court for a while, but the person who filed for bankruptcy is going to end up in even more hot water with the bankruptcy court.

Secured debts take priority over unsecured debts in a bankruptcy proceeding.

There is no timeframe. Some take years. Some creditors can file suit in the bankruptcy court to protect claims if need be. This is normally used on items such as cars that go down in value over time and are secured claims.

Bankruptcy is the filing of a petition that claims your assets, and your inability to pay for them. Bankruptcy severely effects your credit, and is present on your credit for 7 years. During this time getting credit cards or loans can be very difficult.

Francis L. Lamer has written: 'Priority of Crown claims in insolvency' -- subject(s): Priorities of claims and liens, Bankruptcy

A stockholder should receive payment only after the claims of the creditors have been paid off if that company declares bankruptcy.

This means that claims must be organized in the order of legal priority and when the contract was made. This sets an order for the repayment plan on claims.

To protect the debtor by giving him or her a fresh start free from creditors' claims

Though I'm not a lawyer, I'm not aware of any category by which physicians' claims can be considered priority. Generally, the only priority claims arising in a consumer bankruptcy are administrative expenses, child & spousal support, and taxes.

State Income Tax Claims, Federal Tax Claims, and Real Estate Taxes must be included in a bankruptcy filing. Income tax claims that are less than three years old will usually be consolidated with other debts and paid over three to five years in a Chapter 13. Depending upon income and assets, income tax claims for returns that were filed more than three years before the bankruptcy can sometimes be reduced substantially in a Chapter 13 and eliminated completely in a Chapter 7.The discharge of the debt in a bankruptcy, can actually cause taxable income for the year it is discharged if not handled proerly. You will get a 1099-C for most matters concering it.

Contact your attorney. Depending on the situation, he/she may add it to the bankruptcy (it may be easier to discharge it than fight it), object to the claim, or file an "adversary proceeding" (a lawsuit within the bankruptcy case) to bring it before a judge.

The most common sanction in a bankruptcy proceeding comes from Rule 9011. By signing the pleading, the attorney certifies that the claims are true and not being presented for an improper purpose and that there is evidence to back them up.

This really depends on whether the judgment is a dischargeable debt in bankruptcy. There are some debts that you cannot eliminate in bankruptcy and they will continue to exist after the bankruptcy. Generally judgments from credit cards, medical bills or personal loans can be discharged but they can become non dischargeable if the creditor claims fraud or misrepresentation within the bankruptcy.

It looks like the address for submitting claims is: Palmetto GBA Jurisdiction 1, AG-420 PO Box 100145 Columbia SC 29202-3145

You can still ship a product to a company after they claim bankruptcy. They still have funds to continue running the business if they are doing a reorganization. If the company does not exist anymore, it would not be wise to ship to them.

Yes, if the money is going to pay the balance of the plan, or pay 100% of all claims in the plan. Consult your bankruptcy attorney.

It stays on your credit report for ten long years and they won't remove it.

There is a subtle difference between debt settlement and bankruptcy. Debt settlement allows a person to pay off some of their debt with their creditors. Bankruptcy claims do not result in payment of the debt. Either practice creates bad credit scores for the consumer.

A court has "special" or "Limited" jurisdiction if its jurisdiction is limited to hearing only a certain kind of case. Such courts are the US Court of Federal Claims (which hears only certain types of cases of monetary claims against the United States) and the US Bankruptcy Court (which hears only bankruptcy matters). At the state level, examples are small claims and municipal courts.

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