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12y ago

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Is there a way to have a 'dismissed' status of a bankruptcy removed?

Yes. You must ask the Bankruptcy Judge to do so. The easiest way is getting the Trustee to agree as well and then submit it to the Judge.


Are pension plans protected in bankruptcy plan?

Up to the judge


Who is David Scoll?

Former Philadelphia, PA bankruptcy law judge specializing in bankruptcy related to predatory lending violations.


Can a bankruptcy judge make a creditor lower the interest rate?

In cases of bankruptcy, it is quite common for interest rates to be renegotiated.


What happens to an incomplete bankruptcy filing if the filer dies before its completion?

The filer has to be in person for the 341 meeting so the bankruptcy would be dismissed. A bankruptcy may still be discharged if they are just waiting on the judge to discharge the bankruptcy.


Are there federal bankruptcy laws?

Bankruptcy is a federal matter that is governed by federal law. Bankruptcy is filed through the federal courthouse and heard by a federal bankruptcy judge. This site offers a comprehensive overview: http://www.uscourts.gov/bankruptcycourts.html


Can a judge accept a complaint Adversary Action after a bankruptcy has been discharged?

No, a judge cannot accept a complaint for an Adversary Action once a bankruptcy has been discharged. Once a bankruptcy has been discharged, the case is typically considered closed and any further legal actions must be pursued in a separate lawsuit outside of the bankruptcy process.


Will lenders work with you if you have an open bankruptcy but have obtained a Letter to Incur Debt from the judge?

Highly unlikely that someone would lend you money having an open bankruptcy.


How does bankruptcy affect union pay?

Bankruptcy is serious. The bankruptcy judge has all sorts of power to modify or cancel various contracts including the contract between the union or unions and management. No one rule exists concerning unions. Each bankruptcy is different.


If you are a landholder on a home and the person files bankruptcy will they be able to include the debt they owe you into the bankruptcy?

They can include it, but the creditor/landholder can file a relief of stay to have the debt excluded from being discharged in the bankruptcy. The decision of what debts are to be discharged are determined by state and/or federal law and the bankruptcy judge.


What simile does the author use to describes Judge Taylor?

The simile that the author uses to describe Judge Taylor is "like a sleepy old shark."


Do you have to go to court before a judge before the bankruptcy is discharged?

Normally, no. Sometimes you are required to show for some proceedings such as: Relief from Stay hearings sometimes 2004 exams any adversary proceeding Normally you never see the bankruptcy judge, just the Trustee.