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Topic: Bankruptcy law


  
  Texas Bankruptcy Law
For many people, the answer to financial problems is to declare bankruptcy, a legal proceeding in federal court that allows a person to be released from the obligation of paying some or all of his or her debts.
The Bankruptcy Code allows a debtor to convert a Chapter 7 case to Chapter 13 or vice versa as long as the debtor meets the eligibility requirements of the new chapter and the case has not been converted previously from the new chapter.
Involuntary bankruptcy is rare, but if someone does file a petition against a debtor in bankruptcy court, the debtor has an opportunity to file an answer to the petition and refute any charges made against him or her by creditors in the petition.
www.weblocator.com /attorney/tx/law/c11.html   (4120 words)

  
 Bankruptcy Florida law firm Ruff & Cohen, Jax, Gainesville   (Site not responding. Last check: 2007-10-09)
In the law of bankruptcy Florida law is different from that in other states, mainly due to our exemption laws which determine what property you can keep in a personal bankruptcy.
Bankruptcy law (sometimes mispelled as "bankrupcty law" or "bankruptsy law" or even "bankrupty law") is often the best way to handle overwhelming credit card debt.
Remember, under Florida bankruptcy law, it is illegal for a paralegal to give you personal bankruptcy advice which only a bankruptcy lawyer can adequately do.
www.bankruptcylawhelp.com   (255 words)

  
 Bankruptcy Law Attorneys
The word "bankruptcy" is derived from the term "broken bench" or "banca rotta." Back then, tradesmen unable to repay their debts were dealt with harshly because the primary focus in that period was on recovering the interests of the creditors, not the welfare of the debtor.
Modern bankruptcy law is a set of federal laws and statutes governed by Title 11 of the United States Bankruptcy Code and federal courts continue have exclusive jurisdiction over bankruptcy cases.
Bankruptcy cases cannot be filed in state court, but there are still state laws that have to be followed in filing for bankruptcy and attending the federal bankruptcy court hearings.
www.lawinfo.com /index.cfm/fuseaction/Client.lawarea/categoryid/104   (847 words)

  
 Chicago Bankruptcy Lawyer| Bankruptcy law firms
Bankruptcy is a legal proceeding in which a person who cannot pay his or her bills can get a fresh financial start.
The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court.
But since bankruptcy wipes out your old debts, you are likely to be in a better position to pay your current bills, and you may be able to get new credit.
www.callyourlawyers.com /Bankfaq.html   (4116 words)

  
 Bankruptcy Law - MegaLaw.com
Bankruptcy Alternatives / Debtor's Options - An attorney examines debt, personal issues, non bankruptcy and bankruptcy options, with links to many bad credit lending sources.
University of Arizona College of Law Bankruptcy course
Bankruptcy Developments Journal - A publication of the Emory University School of Law.
www.megalaw.com /top/bankruptcy.php   (569 words)

  
 Bankruptcy Law - An Overview
Bankruptcy is a process by which a debtor can obtain relief from his debts, through the courts.
This type of bankruptcy can be particularly useful when a debtor believes that his financial crisis is temporary, and that his income will continue to grow in the future.
A so-called "Chapter 20" bankruptcy is the process filing of a "Chapter 7" bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments.
www.expertlaw.com /library/bankruptcy/bankruptcy.html   (1304 words)

  
 Bankruptcy Law   (Site not responding. Last check: 2007-10-09)
This is a unique guide to world bankruptcy law in that it connects to all elements of the law, and includes comprehensive access to related areas such as civil litigation,
Bankruptcy law provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors.
An additional purpose of bankruptcy law is to allow certain debtors to free themselves (to be discharged) of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid infull.
www.hg.org /bankrpt.html   (283 words)

  
 Massachusetts Law About Bankruptcy
Lists the 25 biggest changes to bankruptcy law as a result of 2005 bankruptcy reform, with a detailed explanation of each.
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, P.L. Creates major changes to bankruptcy law, the majority of which are effective October 17, 2005.
Provides a summary of each of the major bankruptcy reforms in the act, as well as a handy chart of the effective dates of each section.
www.lawlib.state.ma.us /bankruptcy.html   (310 words)

  
 Total Bankruptcy - Bankruptcy Lawyers & Attorneys Nationwide
Prior to the enactment of the new bankruptcy law in October 2005, many people developed a mistaken belief that they would not longer be able to file for bankruptcy.
Whether you need a Chicago bankruptcy attorney, a North Carolina bankruptcy attorney like a Charlotte bankruptcy lawyer, or a Washington bankruptcy attorney in Seattle, Spokane or Tacoma, Total Bankruptcy may be able to arrange a free consultation for you.
A Philadelphia bankruptcy lawyer may be able to protect your property and assets through state exemption laws.
www.totalbankruptcy.com   (1817 words)

  
 The New Face of Bankruptcy Law
That question—not often addressed in a typical course on the bankruptcy code—is considered from numerous angles in the Bankruptcy Law seminar developed and taught by Professor Edward Morrison, an attorney and economist.
Having taught a basic course in bankruptcy, he was engaged in research that was leading him to new discoveries about small-business corporate reorganizations.
Talking with Harvey Miller '59, one of the nation's leading bankruptcy practitioners who also teaches at the Law School, he began to learn more about issues ranging from asset securitization to claims trading, which are rarely addressed in any meaningful detail in a bankruptcy class.
www.law.columbia.edu /curriculum/innovative/bankruptcy   (503 words)

  
 Bankruptcy Law Center   (Site not responding. Last check: 2007-10-09)
The Bankruptcy Code provides for a discharge of student loans upon the showing of “undue hardship”, but that provision is construed so narrowly such that it is extremely difficult to discharge student loans in bankruptcy.
However, it is a violation of federal law for an employer to discriminate in employment because of a bankruptcy filing.
If the refund has not been received and spent prior to the bankruptcy filing, the trustee would be within his or her rights to seize the tax refund (depending of course on how much it is), unless (in Oregon) the refund is due to earned income credit.
www.bankruptcylawctr.com /Primer.htm   (2720 words)

  
 California Bankruptcy Law
If a person falls behind in paying off debts and it appears that he or she will not be able to make payments as they come due, it is better to take action rather than let his or her financial situation deteriorate.
Chapter 12 bankruptcy is available only to family farmers and is designed to allow farmers to stay in business while attempting to pay off their debts.
Laws regulating debt collection agencies are discussed more fully in the Consumer Protection Law Chapter of this Guide, and are discussed in great detail in the Commercial Collections Law Chapter.
www.weblocator.com /attorney/ca/law/c11.html   (3697 words)

  
 New bankruptcy law provisions
The Congress has passed sweeping changes to the Bankruptcy Code designed to restrict the availability of a discharge in Chapter 7 and to substantially reduce the relief available in Chapter 13.
Debts not dischargeable in Chapter 7 include recent taxes; family support; student loans; plus a group of debts that may be non dischargeable if the creditor proves in bankruptcy court that the debt was incurred by various kinds of dishonesty or that the debt was created in a divorce proceeding.
Throughout the proposed law, new duties are imposed on debtors and their attorneys; failure to timely perform those duties results in dismissal of the case or lifting of the automatic stay.
www.moranlaw.net /bankruptcy_reform.htm   (1205 words)

  
 Business: Bankruptcy law ensnares businesses
Although bankruptcy forms have a box for individuals to check that their debts are business debts, relatively few do.
In the meantime, total bankruptcy filings were soaring, from 567,266 in 1987 to 1.6-million in 2003.
The new bankruptcy law also requires consumers to undergo and pay for credit counseling to get their debts discharged.
www.sptimes.com /2005/07/10/Business/Bankruptcy_law_ensnar.shtml   (1274 words)

  
 Other Practice Areas
The new bankruptcy law adds several more documents that consumers must file with their petition schedules in Chapter 7 and Chapter 13 cases.
The bankruptcy discharge can be revoked if the debtor fails to cooperate with the auditor or fails to explain satisfactorily any material misstatement.
The new bankruptcy legislation requires consumers in Chapter 7 and Chapter 13 cases to complete "an instructional course concerning personal financial management." This education requirement must be completed after the bankruptcy case is filed but before the discharge of debt is ordered by the court.
www.bankruptcylawyermn.com   (437 words)

  
 ABA - Law Student Division
Bankruptcy is big news— and big business—these days, with the likes of WorldCom, Enron, Kmart, and other large corporations seeking refuge in bankruptcy court.
Although you may be tempted to associate bankruptcy mostly with consumer crises, practitioners say that some of the best career opportunities lie with the business side of the practice.
U.S. Bankruptcy Judge Manuel Barbosa says he had a skewed view of bankruptcy law as static and dry before he took the bench, because his exposure in practice was limited to straight-up Chapter 7 cases, the most common type of bankruptcy for individuals.
www.abanet.org /lsd/stulawyer/oct02/hot.html   (1236 words)

  
 NAW | bankruptcy law   (Site not responding. Last check: 2007-10-09)
Federal bankruptcy law has permitted the trustee for a bankrupt company or person to recover certain “transfers” made by the bankrupt within the 90 day period before the bankruptcy petition is filed for a debt existing at the time of transfer.
On 12/31/04, C files a petition in bankruptcy.  The bankruptcy trustee will (in fact, has a fiduciary duty to) examine each payment made by C during the last 90 days preceding the petition date (i.e., all payments from 10/1/04 to 12/31/04) and seek recovery of preferential transfers.
Under existing law the trustee typically filed, or threatened to file, a suit (called an adversary proceeding) against a creditor in a distant bankruptcy court to recover a small preference payment.
www.naw.org /bankruptcy_law   (588 words)

  
 The new bankruptcy law and you - Oct. 17, 2005
The new bankruptcy law and you - Oct. 17, 2005
Consumers who seek to file bankruptcy in the next couple of months may also experience delays at the bankruptcy courts, which have been overrun in the past four weeks as debtors scrambled to file under the less stringent requirements of the old law.
The new law lets debtors try to make the case that theirs are "special circumstances" in which a crisis beyond their control forced the bankruptcy filing.
money.cnn.com /2005/10/17/pf/debt/bankruptcy_law   (1619 words)

  
 Online NewsHour: New Bankruptcy Law Takes Effect -- October 17, 2005
Under the new law, anyone who files for Chapter 7 bankruptcy will have to meet a new income means test before their debts can be wiped out.
For that, we turn to: Todd Zywicki, a professor of bankruptcy law at George Mason University; and Travis Plunkett, the legislative director at the Consumer Federation of America.
This bill leaves unaffected those who comprise the majority, the most bankruptcy filers who are those who are just down on their luck, have lost their job and had some sort of difficulty that has knocked them down and they just need a hand up.
www.pbs.org /newshour/bb/economy/july-dec05/law_10-17.html   (1654 words)

  
 SIU Law Library: Bankruptcy Law
Collier on Bankruptcy (KF1524.C62 1996) is the foremost treatise on bankruptcy.
Collier Bankruptcy Manual (KF1524.C6142 1997) is intended to provide a quick reference for the occasional practitioner in the field, and to guide the user, where necessary, into the Collier on Bankruptcy's fuller analysis.
Collier Bankruptcy Cases, second series (KF1524.C641) include all decisions by U.S. Bankruptcy Courts, U.S. Bankruptcy Appellate Panels, and other U.S. Court cases, in which the Bankruptcy Code of 1978, provisions of title 28 of the U.S. Code relating to bankruptcy, or the Bankruptcy Rules are explained.
www.law.siu.edu /lawlib/topical/bankruptcy.htm   (929 words)

  
 New bankruptcy law requires credit counseling (Page 1 of 3)
Provisions in the new bankruptcy law mandate credit counseling before a bankruptcy can be filed and a personal financial management seminar before a bankruptcy is complete.
The new law restricts the ability of debtors to wipe out their debts under Chapter 7, to file repeated bankruptcy petitions and to select a more favorable jurisdiction for bankruptcy filings.
One of the most significant changes is that under the new law, consumers who want to file for bankruptcy must complete a credit counseling briefing, designed to inform them of their options in dealing with their debts, six months prior to filing.
www.bankrate.com /brm/news/pf/20050927a1.asp   (514 words)

  
 Bankruptcy in Brief: roadmap through the bankruptcy jungle
We begin exploring the major changes to the law and point out tools and commentary.
The information contained here is intended to be educational only: it is not legal advice nor does it create an attorney client relationship between the viewer and the firm.
You should consult with a bankruptcy attorney licensed to practice in your state for advice about your particular situation.
www.moranlaw.net   (244 words)

  
 NMBAR | Bankruptcy Law   (Site not responding. Last check: 2007-10-09)
The general purpose of the Bankruptcy Law Section shall be the promotion of the objectives of the State Bar of New Mexico within the particular fields designated by the name of this Section.
To provide an organizational recognition of the importance of bankruptcy law to the state and its legal profession.
Membership in the Bankruptcy Law Section is open to any lawyer licensed in New Mexico in good standing of the State Bar of New Mexico.
www.nmbar.org /Template.cfm?Section=Bankruptcy_Law   (137 words)

  
 FindLaw: Bankruptcy Law   (Site not responding. Last check: 2007-10-09)
Grant of defendant's motion on the pleadings regarding defendant's foreclosure on plaintiff's home is affirmed where a reversal of the bankruptcy court's dismissal of plaintiff's Chapter 13 petition did not operate to retroactively reinstate the automatic stay provision of 11 U.S.C. section 362(a).
Memorandum decision denying bankruptcy debtor’s discharge under 11 U.S.C. § 727(a)(4) is reversed where the bankruptcy court committed clear error in finding that the debtor knowingly and fraudulently made a false oath in the case.
Bankruptcy Appellate Panel decision reversing the bankruptcy court's finding that defendant had fraudulently transferred a condominium to his mother prior to filing for bankruptcy is vacated where the panel erred in excluding from its review the relevant findings supporting the bankruptcy court’s judgment.
newsletters.findlaw.com /sample/bankruptcy.html   (431 words)

  
 Bankruptcy Law
Along with clogging courts all over the country, asbestos-related litigation has enmeshed insurance companies in bankruptcy proceedings that involve the status of trust funds set up to pay claimants.
Learn more about this and other current bankruptcy topics in a special report on bankruptcy law.
As a result, insurance companies have emerged as key players in bankruptcy proceedings in which debtor corporations are seeking to shed their asbestos liabilities.
www.law.com /jsp/ca/PubArticleCA.jsp?id=1097097878627   (147 words)

  
 Consumer Bankruptcy Law and Practice with CD-Rom
Written by the experts—Henry Sommer, Collier’s Editor-in-Chief, and John Rao, NCLC’s bankruptcy expert—the special guide features eleven chapters analyzing all the changes and their practical import for a bankruptcy practice.
Henry Sommer is the nation’s leading author on consumer bankruptcy practice.
"Consumer Bankruptcy Law and Practice is a must for every counselor and practicing bankruptcy lawyer in the consumer field.
www.consumerlaw.org /publications/manuals/consumer_bankruptcy.shtml   (477 words)

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