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What is chapter 7 bankruptcy liquidation?
A Chapter 7 bankruptcy is a "straight bankruptcy" where the assets are liquidated. This differs from Chapter 11 and Chapter 13 bankruptcies, where the company is reorganized. For more information see the related link.
What should you do if a creditor continues to call your job after you have filed for a chapter 13?
If the creditor is a participant in the chapter 13 then they should have received notification from the bankruptcy court. The bankruptcy petitioner should notify the trustee that the creditor is in error. If the creditor is not a participant, they can continue to contact the debtor until they are notified in writing to "cease and desist".AnswerSend the creditor a written letter stated they are to cease contacting you by phone immediately and Amy only contact you through written correspondence. This is allowed by the Fair Debt Collections Act, a federal law. That should at least get you started.
What does it mean when ordered that any wage orders are hereby vacated in chapter 13 bankruptcy court.?
Garnishments must cease.
Can my wages be garnished by the student loans while i am in a chapter 13 bankruptcy?
If your bankruptcy is currently active, collection efforts on the student loan will cease until the bankruptcy inactive at which point collection activities will start again.
Is a revolving credit card account considered past due if it was part of a Chapter 13 bankruptcy?
A revolving credit card account included in a Chapter 13 bankruptcy is not considered past due as long as you are making the required payments according to the bankruptcy repayment plan. During Chapter 13, your debts are reorganized, and creditors must cease collection efforts. However, if you fail to make the payments outlined in the plan, the account could become past due. Always consult with your bankruptcy attorney for specific guidance related to your situation.
The Two Major Corporate Bankruptcy Filings?
Just like people, sometimes a corporation accrues more debt than it actually has the ability to pay back. When this occurs, a corporation sometimes declares bankruptcy. However, corporations do not always use the same kinds of bankruptcy that individuals use. The two most common corporate bankruptcy filings are Chapter 7 bankruptcy and Chapter 11 bankruptcy. Chapter 7, which can also be used by individuals, is for businesses that are giving up entirely. If a company declares Chapter 7 bankruptcy, that company will cease operations immediately. At that point, legal ownership of the company is transferred to the bankruptcy court. When ownership of the company is transferred to the court, a lawyer will be appointed by the court to oversee the rest of the bankruptcy. This will include overseeing the closing of that corporation's facilities. It will also include a liquidation of the company's assets. The assets will be sold, and the proceeds of those sales will be used to pay back creditors that are owed money by the company. Chapter 11 bankruptcy, not used by individuals, is a bit different. Instead of the business being closed, the business is allowed operate normally during the bankruptcy. The goal of a Chapter 11 bankruptcy is the restructuring of the corporation so it can be profitable once again. There is also another potential benefit from this kind of corporate bankruptcy. All or a good portion of the company's previous debts and other obligations may be absolved. This is due to the fact that the goal of Chapter 11 bankruptcy is reorganization. Debt or other obligations that would force a company to go out of business may be removed to help that occur. Obligations other than debt that may be set aside by the court can vary. Usually this includes things such as agreements with unions on employee pensions and benefits, leases for real estate and other expensive contracts. However, even if a corporation attempts to enter Chapter 11 bankruptcy, there is still a risk that the company may be liquidated as part of a Chapter 7 bankruptcy. This can occur if a plan is not agreed upon by the corporation, its creditors and the court. If this happens, the only remaining options are either entering Chapter 7 or returning back to the company's pre-bankruptcy state. Since the company entered bankruptcy because survival without reorganization was unlikely, both choices are rather undesirable.
Can you put an eviction in a bankruptcy?
No. Bankruptcy doesn't erase anything from your credit. In fact, it adds a very, very, bad thing to it.
When do you stop paying your creditors once you have retained a bankruptcy attorney?
The debtor should cease payment of creditors when they decide they are going to file for bankruptcy.
How do you get an old creditor who was not listed on a chapter 13 bankruptcy to stop bothering you?
Send a letter of "cease and desist". This will not keep a creditor from filing lawsuit to recover the debt. It will only prevent them from contacting the debtor except to inform the debtor that a suit is being filed.
If I have a joint account with a friend can the creditors cease the money if only one of us are wanted?
It is possible. The trustee might decide that the BK filer was attempting to defraud creditors of their rights. The account could then be seized until a ruling was made as to whether any of the funds could be included in the BK as assets.
Is there a sample letter to notify debtors of bankruptcy?
There are letters that attorneys use to notify creditors of a debtors bankruptcy. This letter states that the individuals have filed bankruptcy and the creditors are to cease all contact and attempts to collect their debt.
What is a prepackaged Chapter 11?
Chapter 11 protection allows companies to restructure under court supervision while continuing to operate. Companies that file under chapter 11 utilize the flexibility provided by the process and the protections afforded by the Bankruptcy Code in order to implement financial and operational restructurings, often emerging with right-sized balance sheets and/or refocused operations. In contrast, companies that file under chapter 7 cease to operate and liquidate their business for the benefit of their creditors. In a "pre-packaged" restructuring, prior to filing for chapter 11, the company reaches a reorganization agreement with its creditors and then formally solicits their support before entering court. One of the primary benefits of a pre-packaged restructuring is it generally results in a shorter turnaround time for the company and significantly higher rates of success. Chapter 11 (business reorganization) is a type of reorganization bankruptcy, like Chapter 13. Chapter 11 is available to individuals, corporations, and partnerships. It has no limits on the amount of debt, again, like Chapter 13. Chapter 11 is the typical bankruptcy choice for large businesses seeking to restructure their debt and become profitable again. Chapter 11 is the most flexible of all the bankruptcy chapters, which makes it generally more expensive to the debtor. A company's stock may continue to trade even after they file for bankruptcy.
