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The tests that may be used by the Bankruptcy Court in dismissing a petition for abuse include a median income test and a means test.

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14y ago

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If a person receives an inheritance after being discharged from bankruptcy does the inheritance go to the bankruptcy?

No. Basically you start a new after filing. Your pre-petition assets are used to pay your pre-petition debts. That's bankruptcy. You should understand it before you do it. You don't chose what assets, and/or which debts...everything in your past gets involved. Then you start a new.


What is a debtors petition?

The one declaring bankruptcy, or in debt, is the debtor. Any thing they file or claim in the proceeding can be called a petition. Normally it is used to mean something they are asking the court to do. "The debtors petitions the court to discharge their obligation to pay the debts listed...."


A Glossary of Legal Terms Associated With Consumer Bankruptcy & Debt?

Here is a brief glossary of legal terms associated with bankruptcy and debts which can help readers understand some of the common legal terms associated with the bankruptcy process. A: Automatic Stay: An automatic stay is the court order issued by a bankruptcy court that stops debt collection attempts which are made against someone who files for bankruptcy protection. Avoidance: Avoidance is a legal term that describes the ability of debtors to avoid certain types of liens that make it difficult for the debtor to claim an exemption used in the bankruptcy process. B: Bankruptcy Code: The Bankruptcy Code is the set of state and federal laws which govern the bankruptcy process. Debtors use certain chapters, or sections, of the Bankruptcy Code to petition for bankruptcy relief. C: Chapter 7: Chapter 7 is the section of the Bankruptcy Code which allows consumers to sell everything that is legally allowed to be sold to satisfy creditors’ claims. Chapter 13: Chapter 13 is the section of the Bankruptcy Code which allows individuals to set up payment plans to pay back at least a part of their debts back to their creditors over a 3 to 5 year period. Collateral: The property that is used to satisfy a lien is called collateral. Confirmation: The legal process by which debtors agree to repay a debt that is dischargeable in a bankruptcy is called confirmation. D: (To) Discharge: The discharge process is the legal process that is used to eliminate a debt during the bankruptcy process. E: Exemptions: Exemptions are special concessions that debtors can use to protect various personal items from their creditors. L: Lien: A lien is a legal interest in a piece of real estate or personal property that is used to secure a debt. M: Means Test: The means test is an initial process used to determine if a consumer qualifies for bankruptcy relief. Some debtors may be excused from taking the means test if they meet certain requirements. Meeting of Creditors: A meeting of creditors is a formal legal proceeding that is used to review the debtor’s petition for bankruptcy relief. P: Petition: A petition is the formal legal process by which debtors ask for bankruptcy relief. A petition is also the set of formal documents used to process a bankruptcy case. S: Schedules: Schedules are the formal documents that list all of the debtor’s assets and liabilities.


Is motion to dismiss captilized?

If it is being used as the title of the motion, it is; to wit: Motion to Dismiss. If it is used in the body of the motion, it is permissible to use lower case letters; to wit: "The Defendant files his motion to dismiss and states..."


What is certificate of an ongoing debt In relation to Bankruptcy petition.?

This is not a term used in US bankruptcy courts. In a Chapter 7, when a secured debt is to continue as a debt, the debtor must file a Statement of Intention with regard to secured debt and may also have to sign a Reaffirmation Agreement which the lender files with the court. Many court require a hearing to determine if the reaffirmation will defeat the purpose of the bankruptcy.


What is the term used when a bankruptcy is over?

Discharge


What kind of tests are used to analyze data for experimental treatments in biology?

Dose response tests are used, which are a kind of statistical tests.


What is a formal expression of commonly used in government?

Petition


What is a formal expression of opinion used in government?

Petition


Are bankruptcy laws uniform across the United States?

The U.S. bankruptcy code is uniform across America, but requirements are often State dependent, meaning there can be different means tests used to determine your income based on the State you live in. States can also create their own exemptions and limit how their residents use federal exemptions. There are local rules in each district, and these can vary greatly from state to state. So, with that said, the Bankruptcy Laws are uniform, but how they are implemented can be different.


Are you bondable in Ontario if you claim bankruptcy?

According to bankruptcy Canada site, you are bondable during bankruptcy, but...it may cost more during prior to being discharged to be bonded, depending on the agency used for bonding. http://www.bankruptcy-canada.ca/bankruptcy/2007/08/bankruptcy-means-not-bondable.html


What are the antibody tests used to screen for syphilis?

Blood tests are usually used to check for syphilis.