Bankruptcy Assignment Warren and Westbrook, The Law of Debtors and Creditors Sara Israelyan Spring Semester 2011 University of Minnesota Law School March, 2011 Warren and Westbrook, The Law of Debtors and Creditors Problems 8.1 Absent bankruptcy, what can Harv and Lois protect as the creditors begin to move in? What if they filed a Chapter 7? What could they protect if they lived in Cheyenne, Wyoming? When considering bankruptcy, pre-bankruptcy planning is one of the most important steps for Harv and Lois. In a Chapter 7 bankruptcy, the TIB will take all non-exempt valuable property that he can sell to distribute the money to the creditors. The main idea behind the Chapter 7 bankruptcy is ‘liquidation’. However, Harv and …show more content…
The following items will be exempted under Texas and Wyoming law: | | Texas | | Wyoming | | Item | Value | Exempt? | Provision | Exempt? | Provision | Household furniture & Appliances | $ 8,000 | Yes | 42.002(a)(1) | Yes | 1-20-106(a)(iii) | Clothing | $ 2,000 | Yes | 42.002(a)(5) | Yes | 1-20-105 | Law books | $ 2,400 | Yes | 42.002(a)(4) | Yes | 1-20-106(a)(i) | Moped | $ 800 | Yes | 42.002(a)(9) | Yes | 1-20-106(a)(iv) | 1970 Convertible | $ 500 | No | 42.002(a)(9) | Yes | 1-20-106(a)(iv) | Cash Value on L’s insurance | $ 2,000 | Yes | 1108.0531 | Yes | 1-20-110(a)(i) | Wedding ring | $ 1,000 | Yes | 42.002(a)(6) | It depends | 1-20-105 | Computer | $ 1,200 | Yes | 42.002(a)(4) | It depends | 1-20-106(a)(iii) | 100 shares | $ 5,000 | No | 42.0021 | Yes | 1-20-106(a)(b) | Joint checking account | $ 400 | No | | No | | Computer set up | $ 7,500 | Yes | 42.002(a)(1) | No | 1-20-106(a)(iii) | Friendship sloop | $ 6,000 | Yes | 42.002(a)(4) | No | 1-20-106(a)(iv) | Wheelchair | $ 18,000 | Yes | 42.002(a)(9) | No | 1-20-106(a)(iv) | Fluffy | $ 200 | Yes | 42.002(a)(11) | Yes | | Soccer ball | $ 2 | Yes | 42.002(a)(8) | Yes | | Total | $ | | | | | 8.2. If Suzan decides to declare bankruptcy, what can she keep? If Suzan and Mr. B had been living in Odessa,
When you file bankruptcy, whether it be a Chapter 7 or Chapter 13 filing, the bankruptcy trustee plays a big role in the process. Once you and your bankruptcy attorney have filed a successful bankruptcy petition, the bankruptcy court assigns a bankruptcy trustee who will be charged with executing your estate. In a chapter 7 bankruptcy the trustee will sell your non-exempt property and use the proceeds to pay back your creditors. In a Chapter 13 bankruptcy case, you make one monthly payment to the trustee who then devise it up to your creditors according to the payment plan that the court approves. Anyone filing bankruptcy must be completely honest and forthcoming about their accounts, assets, money, and property. You cannot hide or get rid of money or property before or during a bankruptcy without getting it approved by the trustee and courts. A bankruptcy attorney will be able to explain this to you in greater detail and offer you advise on property that you do want to get rid of.
This manual is an introduction and primer to the Commercial Lien Strategy. It does not pretend to be the final word on the subject. The authors and editors have synthesized material from several sources. We have organized it into a form that should be comprehensible to the average reader.
Chapter 7 is often the quickest and simplest form of bankruptcy and is available to just about anyone including: Married couples, individuals, and corporations. When a person is considering filing for Chapter 7 bankruptcy the first thing that is often on their mind is the amount of property and assets they will be able to keep.
Brett J. Kitson, 341 Fed. Appx. 234. in connection to the matter of Josh's lie will help decide whether or not this lie will set in motion 11 U.S.C.S §727(a), and whether or not Josh's dismissal will be rescinded. Josh lied during his his bankruptcy proceeding when he was asked whether he had ever been sued. He had, in actuality been sued years earlier for a deliberate infliction of demonstrative distress, and the event was humiliating to him and it was very awkward for him to talk about. Consequently, he lied, and said that he never been sued, The lie has no financial effect on the dilemma of Josh's bankruptcy situation. Under bankruptcy code section §727(a)(4) that forbids a discharge where the debtor, Josh knew due to his reluctance to discuss the incident, was knowingly deceitful, presented false testimony, concludes since it has no impact on this bankruptcy action, Josh did not essentially lie about being previously sued. As in Alleman v. Kitson, the court affirmed that the bankruptcy court was appropriate in their decision that since Kitson's financial documentation was immaterial the discharge was not barred under §727(a)(3). In connection, the bankruptcy court will determine that Josh was not in violation of breaking any bankruptcy
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As the founding attorney of Schreiber/Cohen, LLC, in Salem, New Hampshire, Jeffrey A. Schreiber devotes his legal practice to creditor debtor rights for businesses, business litigation and matters related to business and corporate law. He primarily represents clients in Salem or the surrounding area. The cases that Mr. Schreiber accepts typically involve matters such as consumer and commercial collections, crisis management and commercial bankruptcy* or reorganization. He has been rated AV-Preeminent** by Martindale-Hubbell, [1] and he has been named a top-rated lawyer by both The Boston Globe and The American Lawyer.
In order to fully understand the complex issues underlying a Chapter 9 bankruptcy, it is necessary to comprehend the unique United States constitutional challenges to municipal bankruptcy. The main constitutional issue can be boiled down to a clash between State sovereignty over its municipal entities as protected by the Tenth Amendment, and the necessity of a federal bankruptcy system. Any power asserted by a federal bankruptcy court over a State municipality can, if taken too far, interfere with the State’s constitutional right to control its municipality. It is this clash of State sovereignty and federal bankruptcy power that is the essence of Chapter 9’s unique construction.
Most people file for bankruptcy because they’re indebted to a person or corporation, like a bank for example. When you file for Chapter 7 bankruptcy, an impartial trustee is appointed to your case and handles the liquidation of
In the United States, what percent of firms export, according to the U.S. Small Business Administration?
Debtors threatened with the loss of income or property, such as a wage garnishment or automobile repossession;
The position they are in, is quite the predicament. I agree with the anonymous author that the family should not accept any of the owner’s association’s money.
When reviewing the American Bankruptcy Institutes website I was researching the total number of bankruptcies in 2012, the total number of non-bankruptcies in 2012, and the total number of business bankruptcies in 2012. My findings concluded that the total number of bankruptcies in 2012 which consists of business and non-business fillings which includes the states and D.C. was 1,232,294 (ABI, 2013). The total number of non-business filings in the states and D.C. in 2012 was 1,232,294. The report shows that there were 811,789 non-business Chapter 7 filings and 352,553 non business Chapter 13 filings in 2012 (ABI, 2013).
Debt Collect Recover LLC. is in danger. The lack of effective communication, particularly as it ties into the desire to expand the company, is an ongoing problem. As a company DCR is getting nickeled and dimed in every aspect of the communication process. From lengthy commutes for
Over the years, the process of declaring bankruptcy has become incredibly simple. Because of this change, the number of people declaring bankruptcy is at an all time high. Today, bankruptcy is a common thing among companies and individuals alike. The American bankruptcy law allows people to avoid paying their debts by offering the debtors a discharge without a harsh consequence. By not having repercussions for their actions, bankruptcy filers often plan future bankruptcies, allowing them to steal even more money from creditors with no punishment. There are 13 different chapters in the bankruptcy system with the principal chapters being 7,11, and 13. You can only file for bankruptcy under these three chapters, the others are there to
(2) Liens imposed by law, such as carriers’, warehousemen’s and mechanics’ Liens, in each case for sums not yet overdue for a period of more than 30 days or being contested in good faith by appropriate proceedings or other Liens arising out of judgments or awards against such Person with respect to which such Person shall then be proceeding with an appeal or other proceedings for review if adequate reserves with respect thereto are maintained on the books of such Person in accordance with GAAP;