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A basic, rough primer: BK is always done under Federal Laws, in a Federal Bankrutpcy Court. Basically State makes little difference. (Yes the BK Courts operating in certain areas have certain special exemptions and such, minor in the overall, generally intended to make things adhere to the local laws and customs better). In a personal bankruptcy, YOU go bankrupt. Not a debt, not a loan...not a car...not a this or that. ALL of your assets, of all types, MUST be disclosed and reported in BK, and ALL of your liabilities/debts must be too. No exceptions, no picking and choosing. They are all, always involved in some way.The court will then order each of them in priorities according to the laws. Some things may be exempt from use or discharge (like your personal furntiure and retirement accounts are exempt and child support cannot be discharged) - and the rest may be used. With one to pay the other. (All possible creditors are contacted and asked to say what they are owed....you may be required to even take advertisments out to make sure everyone is notified). Any deal you've done for several years is open to scruitiny and review. The court can reverse them, take them out of the BK, or even have them prosecuted as trying to defraud your creditors. (So, no you can't sell your boat to your brother and then declare BK). Debts secured by an asset (say a car) have first call or right to the money received from that asset. If it isn't enough to pay the debt, the remainder of that sdebt becomes a general or unsecured claim against the BK., and has a chance to payment on that level too (albeit a lower priority than those who have yet to receive anything). The end/remaining amount that can't be satisfied is generally discharged by the court...meaning you no longer owe it. You get a fresh basically debt free start....many of those you owe don't get paid what they had expected and relied on, if anything. There are many other considerations too. BK will severly hurt your ability to get credit for a very long time for example. It is on your credit report for at least 10 years...and employers refer to that too, as do landlords and more. Many do not rust people with bankruptcies in their past, especially in the last few years. Many more things. Not disclosing all items is frequently trie and easily discovered, in which case - as you are swearing under oath to the court you included all info - your case is dismissed, and regularly, fraud charges are pursued. (Courts don't take to being lied to well). The courts, Judges, laws, bankers, all those zillions of attornies, etc, have been through this thousands of times for many, many years. The processes are fairly well worked through and prepared for tricks and games. It is unlikely you would discover one that hasn't been tried a zillion times before! The Cos that claim they can change your record, or make magic happen (either before or after BK), are scams, and getting caught doing something unsavory (intentional or not), other than screwing up your bankruptcy filing, is frequently considered and persued criminally. (Think your financial troubles are bad, try adding in criminal ones). The legal process and system is demanding even for those experienced with it. Many of your creditors will have an attorney to assure they get as much as possible, even groups of lawyers, who specialize only in bankruptcy. Simply you should/better/need to have one too
What else can I help you with?
Can NSF checks be discharged with a bankruptcy?
Yes, but beware of the bank or the recipient of the check claiming Fraud.
Whats the most common things banks say about accounts that have insuffient funds?
That the NSF charges will really increase the bank's bottom line.
If i have 2 checking accounts and i write an nsf check on one account can the bank just take that much money out of the other account to make the nsf check right?
No they cannot. The check can only be honored with funds from the account it was written on.
HOW DO YOU RECORD A JOURNAL ENTRY FOR A NSF FROM THE BANK?
To record a journal entry for a Non-Sufficient Funds (NSF) check from the bank, you would typically debit the Accounts Receivable account to reverse the payment that was previously recognized, indicating that the funds were not received. Additionally, you would credit the Cash account to reflect the decrease in cash due to the NSF check being returned. This entry effectively reverses the earlier transaction where the payment was recorded.
Can a bank charge NSF fees to people with only social security income I have death benefits for my 3 children and I am on disability. I lose about 400 per month in fees.?
Yes, a bank can charge nsf fees to anyone they want to. You may want to check with other banks, and ask about their nsf policies. THE BANK CAN CHARGE NSF FEE TO THE PRESIDENT OF THE US.
Is it illegal to write nsf cheques?
I would think in many circumstances you would have to prove intent. Accounts can be frozen or mismanaged. A second nsf cheque may be different.
NSF check should appear in what section of a bank statement?
addition
What is UCC ruling on postdated checks?
Ucc 4-401 says you must give the bank written notice. If you do, the bank cant pay the check till that date. If they still do and you get nsf they owe you. If no notice then nsf, ur sol.
Can you put bad checks on bankruptcy?
bad check cannot be put on bankruptcy. your bank is the one you have to deal with directly about a bad check. the problem you run into with bad checks is two fold. first, if the bank has paid the check and your account is nsf, then you won't be able to declare bankruptcy and simple walk away. you will have to pay the negative balance and bring this to "zero" balance or you will not be able to open another checking account with any other bank. they have their own bank account history reporting system that is unrelated to the major credit bureaus. second, if the bank did not pay the check, the vendor is allowable under law to submit the check twice, send you notification of nsf, and then send the matter to the local authorities and they can begin a legal process by which they will place a warrant for your arrest and you will have to appear in court to defend yourself against "theft by check" charges. Make sure the bank paid the check first, very important, then pay the bank back so you can open another checking account.
If you write a check for a down payment and it is return?
It went NSF and your down payment is not paid. You will likely incur extra charges as well for the NSF not only from the bank but from whomever the down payment was for.
Is it legal for a bank to take money out of one of your accounts if another separate not joint account is in the negative?
Certainly ... If one has overdrawn knowingling or unknowlingly, and your accounts are at the same institution, the bank has every right to move a certain amount of funds from one to the other in order to protect themselves. They might be protecting you as well to prevent endless NSF fees from being charged. One would think having money pulled is much better than the over charged NSF fees, which can keep recurring over and over again, which drains money from an account faster than it goes in. Bottom line - keep track of your finances daily - with todays methods of tracking bank accounts online, there is no rhyme or reason for any account to be overdrawn.
What does NSF approved mean on PVC pipe?
The presence of the NSF designation on pipe means it was tested for compliance with one or more voluntary national standards. Common designations include NSF-pw and NSF-61, both of which mean the pipe is intended for potable water applications. Pipe displaying NSF-dwv should only be used for drain, waste or vent applications.
