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How does one ask the courts permission to sell assets during a chpt 7 bankruptcy?
In general, you don't. Any asset that is not exempt or abandoned by the trustee may be sold after the discharge is entered.
It is possible to have an asset that is exempt and that you have to sell before the Chapter 7 has been completed, but in 37 years of doing bankruptcies I have never had one.
If you do not need the asset or cannot exempt the asset, the trustee will be happy to take possession of it and auction it off for his benefit and that of the unsecured creditors.
Selling an asset before the Chapter 7 is completed will result in the trustee bringing an adversiarial fraud action against the debtor.
What else can I help you with?
Can the bank seize assets in the bank during a bankruptcy?
If creditors believe the person is trying to remove funds from accounts to keep them from bankruptcy proceedings; creditors can petition the court to freeze all accounts/assets. A bank cannot arbitraily seize account funds unless the depositer has a loan with the bank which includes a set off provision. Even then the bankruptcy trustee can request the funds be returned and included as assets in the bankruptcy.
What assets can i keep during bankruptcy in minnesota?
In a typical bankruptcy you are allowed to declare certain assets to be excempt from the bankruptcy. Typically you will be allowed to keep your house (though you may be forced to downsize), a car (again,you may be force you to downsize), and up to a certain limit of other assetts that can be declared except. The details for exemptions can be given to you by <a href="http://www.bolinskelaw.com/">Minneapolis bankruptcy attorneys</a>.
What bankruptcy information should you know before you consider filing for bankruptcy?
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.
What is Motion to compel turnover in bankruptcy mean?
A motion to compel turnover in bankruptcy is a legal request made by a trustee or creditor seeking a court order to require a debtor to surrender property that is part of the bankruptcy estate. This property may include assets that the debtor has failed to disclose or is improperly withholding. If the court grants the motion, the debtor must comply and turn over the specified assets for the benefit of creditors. This mechanism ensures that all assets are accounted for and distributed fairly during the bankruptcy process.
In Illinois how do you obtain vehicle title after bankruptcy?
What could you possibly be asking? If the asset was sold during bankruptcy to pay creditors and your debts, its gone. Owned by someone else. That's how your debts get paid. Your assets are used. If there aren't enough assets to liquidate and pay your debts, some of the debts may be forgiven. But not always. Under any circumstances, to get a title to something owned by someone else, you buy it from them. Bankruptcy does not get you things.
What happens during the probate process?
The probate process is the method by which your estate is processed through the courts to determine how it is dispersed. Even if you have a legal will, your estate will be probated. Probating an estate basically paying any debts you own, then transferring any assets to your beneficiaries. If you do not have a will, the courts in your area will use the law to determine who receives your assets. If you have a legal will, any assets (minus any debts) will be transferred to the people you have chosen as beneficiaries.
If the husband abandons the family for 7 years and never contributes a dime during that timedoes he have any rights to the assets?
this is a matter for the courts to decide, or a family advocate/councilor
What are the difference between Chapter 7 vs Chapter 11?
The difference between Chapter 7 bankruptcy and Chapter 11 bankruptcy is what happens to a party during the process. Parties undergoing chapter 7 bankruptcy must sell of their assets in an attempt to pay off dept. Chapter 11 allows for one to attempt to maintain their assets. During chapter 11 bankruptcy the party must negotiate with creditors to stay afloat.
Can you sell your house while in bankruptcy?
You cannot sell your property during a bankruptcy proceeding. If a bona-fide offer is made to purchase the property a motion is filed for permission to sell. If allowed, an order is issued by the court that frees the property from the bankruptcy so it may be sold free and clear of your bankruptcy by the trustee. The proceeds from the sale will then be controlled by the trustee in bankruptcy.
Can you file an Irs offer in compromise during chapter 13?
It would be foolish. The Bankruptcy Court can determine how much of your tax liability will be paid and how much forgiven in the BK. Federal BK Courts have very broad authority and even trump the Fed Tax Courts. Besides being "foolish", the answer is no. You cannot file an Offer in Compromise, and the IRS cannot accept an Offer in Compromise, if you are in bankruptcy proceedings.
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
Bankruptcy Worksheet?
Get StartedA debtor is a person or entity that owes a debt or obligation to another. A creditor is a person or entity to whom a debt is owed.The United States Bankruptcy Code is a federal law that permits qualified debtors to:discharge some or all of their debts in exchange for giving up all of their nonexempt assets, orreorganize their debts in an attempt to pay them back under relaxed terms.A bankruptcy may be voluntary (initiated by the debtor) or involuntary (initiated by the creditors). To begin a voluntary bankruptcy, the debtor files a petition in the United States Bankruptcy Court. Upon filing the petition, the debtor receives an automatic "stay" which orders creditors to pause in their collection efforts during the bankruptcy process. The debtor must file detailed information with the bankruptcy court identifying all assets, debts and creditors. All creditors must be notified of the bankruptcy so that each creditor can file notice of its claim with the bankruptcy court.By filing the petition, the debtor permits the creation of the bankruptcy "estate" which includes all of the debtor's assets, except those assets that the debtor successfully claims as "exempt" (those that are necessary so that the debtor can live and work). The rules for determining what property becomes part of the bankruptcy estate are complex. A court-appointed bankruptcy trustee administers the estate.There are several different types of bankruptcy to choose from. Each type is referred to by the Chapter of the Federal Bankruptcy Code in which it appears. In general, a Chapter 7 bankruptcy results in a sale of all of the debtor's non-exempt assets, but most debts are then discharged. Note that a debtor cannot discharge its debts if the new petition is filed within 6 years of a prior bankruptcy petition. In a rehabilitation case filed under Chapters 11, 12, or 13, the debtor retains his assets and makes payments to the creditors, usually from the post-bankruptcy earnings, pursuant to a court-approved payment plan which is more relaxed than it had been before bankruptcy.Anyone who is interested in filing bankruptcy should consult a qualified attorney. However, the information in this worksheet should save you and your attorney time in the preparation of your bankruptcy materials. By saving your attorney time, you may be saving yourself money."
