How do you file a petion under Section 522 (f) 0f the Bankruptcy Code?
Such a motion is made to a United States Bankruptcy Court, and Article I court under one of the 94 Article III federal District Courts. It is called a Petition for Bankruptcy. Title 11, United States Code, section 301, headed "§ 301. Voluntary cases.": "(a) A voluntary case under a chapter of this title is commenced by the filing with the bankruptcy court of a petition under such chapter by an entity that may be a debtor under such chapter. (b)The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter." Such a petition may only be made by a debtor, described in Title 11, United States Code, section 109, headed "§ 109. Who may be a debtor." A debtor who is either "balance-sheet bankrupt" (where its liabilties are greater than its assets) or who is "not-meeting-its-debts-as-they-come-due bankrupt" can file a voluntary petition. Title 11, United States Code, section 303, headed "§ 303. Involuntary cases." specify the circumstances under which a creditor can file an involuntary petition, in effect, "forcing" the debtor into bankruptcy administration.
Generally, but the extent to which funds will be exempt depends on your jurisdiction. Check your local state bankruptcy exemptions.
Yes. It is possible to get together with other creditors and file an involuntary petition on a debtor. You must meet the applicable criteria set forth in the Bankruptcy Code, Title 11, United States Code, section 101 et seq., and the rules promulgated thereunder.
some law under us code section 11 (I think that is bankruptcy)
The United States Code is cited by title, code and section: this way: 11 USC 362 This means Title 11 of the United States Code Section 362. This section provides for the automatic stay in bankruptcy proceedings. Upon filing of a petition in bankruptcy all attempts (with certain exceptions) are stayed pending further order of the court.
The World Religious Travel Association filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Colorado on Jan. 7, 2011.
No, you still owe the government. Bankruptcy proceedings begin with the filing of a petition with the bankruptcy court. The filing of the petitions creates a bankruptcy estate, which generally consists of all the assets of the person filing the bankruptcy petition. A separate taxable entity is created if the bankruptcy petition is filed by an individual under chapter 7 or chapter 11 of the Bankruptcy Code. The tax obligations of the person filing a bankruptcy petition (the debtor) vary depending on the bankruptcy chapter under which the petition was filed. Generally, when a debt owed to another is canceled the amount canceled or forgiven is considered income that is taxed to the person owing the debt. If a debt is canceled under a bankruptcy proceeding, the amount canceled is not income. However, the canceled debt reduces the amount of other tax benefits the debtor would otherwise be entitled to. This information is not intended to cover bankruptcy law in general, or to provide detailed discussions of the tax rules for the more complex corporate bankruptcy reorganizations or other highly technical transactions. For additional tax information on bankruptcy, refer to Publication 908, Bankruptcy Tax Guide. See http://www.irs.gov/publications/p908/index.html
Bankruptcy Code Section 362 is a provision of the U.S. Bankruptcy Code that imposes an automatic stay on most collection activities against a debtor upon the filing of a bankruptcy petition. This means that creditors must cease all attempts to collect debts, enforce liens, or initiate lawsuits against the debtor, providing temporary relief during the bankruptcy process. The automatic stay is designed to give the debtor a breathing space to reorganize their finances or liquidate assets without the pressure of creditor actions. There are certain exceptions to this stay, such as in cases involving domestic support obligations or certain actions by governmental units.
Section 523 of the Bankruptcy Code outlines certain debts that may not be dischargable through bankruptcy and remain as a person debts once the bankruptcy estate is closed. Examples of these types of debts are educational loans, tax liens, criminal fines, and money or property obtained through false pretenses or fraud. The actual code section provide a more complete list. If you are thinking of filing for bankruptcy, I urge you to contact a attorney in your area who specializes in bankruptcy filing.
Title 11
Yes, unless the judgment was a result of fraud. If the judgment creditor has filed a judgment lien against any of your property, you will need to take the additional step of filing a petition under Section 522(f) of the Bankruptcy Code to remove the lien. Be sure to tell your attorney about any liens that you might have against you.
{| |- | Yes you can. The age of majority in California is 18. You can petition the court under the Family Law Code section 7120 at the age of 14. |}