Chapter 7 Bankruptcy

Maine oil company bankruptcy hearing held — Business — Bangor Daily News — BDN Maine

IT'S A LOT MORE THAN A TEA PARTY... by roberthuffstutterThe site will still be viewable but certain elements might display incorrectly. In order to enjoy all the features of our site, we recommended you upgrade to a newer, more secure browser. Read more ». If you don’t have administrator privileges for your computer, you can still take action. Google has developed a free plugin for Internet Explorer called Google Chrome Frame. You can install it on any computer, even if you can’t install applications, and it will ensure your computer stays secure and that you can still visit our website. Enable Google Chrome Frame now »
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Video: Maine attorney – bankruptcy specialist J Scott Logan

Attorney Michael A. Fagone Appointed to American Bankruptcy Institute Board of Directors

Widely regarded as one of New England’s most entrepreneurial law firms, Bernstein Shur is a multi-service firm with more than 100 attorneys in offices in Maine and New Hampshire. Founded in 1915, the firm provides practical and innovative counsel in the areas of business law, litigation, and municipal law to clients throughout the region and around the world. Bernstein Shur is Maine’s exclusive member of Lex Mundi, the world’s leading association of independent law firms. More information is available at www.bernsteinshur.com.
Source: prmaine.com

3 Classical Stations Bankrupt in Maine

Marty Ronish is an independent producer of classical music radio programs. She currently produces the Chicago Symphony Orchestra broadcasts that air 52 weeks a year on more than 400 stations and online at www.cso.org. She also produces a radio series called “America’s Music Festivals,” which presents live music from some of the country’s most dynamic festivals. She is a former Fulbright scholar and co-author of a catalogue of Handel’s autograph manuscripts.
Source: insidethearts.com

Maine Bankruptcy Records discharge papers

You need Complete bankruptcy file , Most often needed when trying to get a mortgage, conducting credit repair, and stopping harassing phone calls from debt collectors. The complete bankruptcy file including the Voluntary Petition, all Schedules, Reaffirmation Agreements, the Discharge, and any other documents available on record.
Source: bankruptcylive.com

Boston Bar Association Bankruptcy Homepage and Blog: Judge Hoffman Overrules Trustee’s Objection to Federal Homestead Exemption in Debtors’ Second Home

.   The Court reasoned that Congress was capable of qualifying the term “residence” when it chose to do so: the phrase “principal residence” is used  throughout the Bankruptcy Code and elsewhere–but not in Section 522(d)(1).  The Court pointed out that people may have multiple residences–citing the late Mike Wallace as an example–and so whether the Maine home was the primary residence of the debtors on the petition date was immaterial.  The court further examined the “use” requirement and deemed this rather low threshold met with the caveat that “where a debtor had never used a residence prior to filing, bankruptcy courts have held that the residence may not be exempted under [the federal homestead].” The Lawrence debtors had clearly used the Maine property as a residence on the petition date and, therefore, the Court allowed their federal exemption in the Maine property.
Source: blogspot.com

‘Octomom’ files bankruptcy papers — Living — Bangor Daily News — BDN Maine

Filed 10/2/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR ANDREW BUESA et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, Defendant and Respondent. B212854 (Los Angeles County Super. Ct. No. BC378215) APPEAL from a judgment of the Superior Court of Los Angeles County, Elihu M. Berle, Judge. Affirmed. Law Office of David W. Allor and David W. Allor for Plaintiffs and Appellants. Rockard J. Delgadillo and Carmen Trutanich, City Attorneys, and Paul L. Winnemore, Deputy City Attorney for Defendant and Respondent. _________________________ 2 This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City)1 brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured declaration submitted by the City deprived them of their statute of limitations defense in an administrative mandamus proceeding over their discharges. The issue is whether they may maintain this as a separate action, or whether under the doctrine of collateral estoppel it is barred by the final judgment denying their petition for administrative mandamus. We conclude that plaintiffs‟ action under POBRA is barred because it constitutes an impermissible collateral attack on the mandate judgment. FACTUAL AND PROCEDURAL SUMMARY Since this matter is on appeal from a judgment on the pleadings, we take our factual summary from the allegations of the second amended complaint, which is the charging pleading. On February 2, 2002, plaintiffs participated in the arrest of a suspect following a car and foot chase. The same day, the Los Angeles Police Department (LAPD) learned of alleged acts of misconduct by plaintiffs arising from that arrest. The next day, Sergeant Joe Losorelli, of the LAPD Internal Affairs Group, was assigned to investigate the alleged misconduct. On August 15, 2002, Losorelli met with a deputy district attorney in the Los Angeles County District Attorney‟s Office for the purpose of seeking a determination whether criminal charges should be filed against plaintiffs based on the February 2002 incident. Losorelli met with the deputy district attorney again on October 2, 2002, at which time he provided a copy of his investigation and witness statements. 1 Police Chief William J. Bratton was a named defendant in the original complaint, but he was deleted in the second amended complaint, the charging pleading. He is not a party to this appeal. 2 Statutory references are to the Government Code unless otherwise indicated. 3 According to plaintiffs, the district attorney‟s office opened its criminal investigation against plaintiffs that day. POBRA provides a one-year statute of limitations for bringing of police misconduct charges. The time runs from discovery of the misconduct. (§ 3304, subd. (d).) Section 3304, subdivision (d)(1) tolls the limitations period while a criminal investigation or prosecution is pending. On December 2, 2002, Losorelli asked LAPD superiors to toll the statute of limitations against plaintiffs because of the pending criminal investigation. He asked that the period be tolled from his August 15, 2002 meeting with the district attorney‟s office until the conclusion of the criminal investigation. The criminal investigation was terminated on February 11, 2003, when the deputy district attorney in charge of the case elected not to seek a grand jury indictment. Personnel complaints against plaintiffs were filed at the Los Angeles Police Commission on August 3, 2003, alleging misconduct arising from the February 2002 arrest. They were served the next day. On August 3, 2004, a board of rights found plaintiffs guilty of misconduct and recommended that they be discharged. On September 29, 2004, the chief of police adopted the recommendation that plaintiffs be terminated for failure to report the use of force against a suspect. The chief signed orders removing them from employment, effective that day. Plaintiffs filed a petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5) on December 14, 2004 seeking review of their terminations. They alleged that Losorelli furnished a false declaration regarding tolling, which was used by defendant in responding to the petition. Allegedly, Losorelli knew that pursuant to a policy of LAPD and the district attorney‟s office, only the latter was authorized to open a criminal investigation against sworn personnel. According to the complaint, the district attorney‟s office opened the criminal investigation against plaintiffs on October 2, 2002. Plaintiffs allege: “Sergeant Losorelli knowingly and intentionally testified falsely that his investigation against plaintiffs was considered a criminal investigation from the beginning (as of February 2, 2002). Sergeant Losorelli knowingly and intentionally testified falsely that he first presented the case against plaintiffs to [the deputy district 4 attorney] for possible criminal filing at a July 31, 2002 meeting, when this meeting actually took place on August 15, 2002.” Allegedly, with knowledge that the August 3, 2003 personnel complaints against plaintiffs were time-barred, Losorelli presented a false declaration in the mandamus action “with the intent of fraudulently extending the tolling period for criminal investigations” authorized by section 3304, subdivision (d) “and with the malicious intent to deprive plaintiffs of their rights,” and further employment with the LAPD. According to plaintiffs, they discovered Losorelli‟s wrongful conduct on July 25, 2007, after the administrative mandamus proceeding was concluded. They do not explain the circumstances of that discovery. Plaintiffs‟ petition for writ of administrative mandate was denied by the trial court. The court found the weight of evidence at the administrative hearing supported the decision to terminate plaintiffs. It identified the application of the POBRA statute of limitations as “the main legal issue in the case.” The court noted that both sides had submitted documentary evidence and declarations on the limitations issue, and that no objection to this evidence was made by either side. The trial court found: “The disciplinary action against the petitioners is not barred by the limitations provision of the POBR” because of the tolling provision in section 3304, subdivision (d)(1). The court stated that charges were served on plaintiffs 18 months and two days after the alleged misconduct. It found: “The alleged misconduct was the subject of a criminal investigation that commenced on or before July 31, 2002, when an LAPD investigator met with the District Attorney regarding the matter, and which did not end until February 11, 2003, when the District Attorney decided not to ask the grand jury for an indictment because of the lack of evidence. The one-year limitation period was therefore tolled for six months and eleven days. The investigation was therefore completed and notice of charges were served upon the petitioner[s] within the 5 twelve month period required by section 3304(d).” No appeal was filed from the denial of the petition for administrative mandate and that order is now final.3 Plaintiffs filed their original complaint in this separate action seeking reinstatement on September 27, 2007. They filed a first amended complaint which was the subject of a successful motion for judgment on the pleadings. The motion was granted with leave to amend. Plaintiffs‟ second amended complaint dropped the claim for reinstatement, and, instead sought damages against the City for violation of POBRA. City responded with a new motion for judgment on the pleadings. At the first hearing on the motion, the trial court requested additional briefing on whether perjury in a prior proceeding may be the basis for a collateral attack on the judgment. After supplemental briefing on that issue, a second hearing was held. The court found: “The gravamen of this lawsuit is an action under Government Code section 3309.5, but it‟s based upon plaintiffs‟ claim for perjury in the underlying action in the mandamus proceeding.” The court observed that the weight of California authority is that perjury is not a basis for collateral attack on a judgment. It found “that since the gravamen of the complaint in this case is perjury in a prior proceeding and further based upon the principles of law that perjury in a prior proceeding, which is intrinsic fraud, is not grounds for collateral attack, the court is going to grant the motion for judgment on the pleadings.” Judgment was entered in favor of City. This appeal followed. DISCUSSION “The standard of review for a motion for judgment on the pleadings is the same as that for a general demurrer: We treat the pleadings as admitting all of the material facts properly pleaded, but not any contentions, deductions or conclusions of fact or law contained therein. We may also consider matters subject to judicial notice. We review the complaint de novo to determine whether it alleges facts sufficient to state a cause of 3 Plaintiffs sued their former attorney for malpractice for promising, but failing, to appeal the denial of the writ petition. We are not informed of the outcome of that action. 6 action under any theory. [Citation.]” (Dunn v. County of Santa Barbara (2006) 135 Cal.App.4th 1281, 1298.) The issue presented is whether the action for damages under POBRA is barred by the final judgment following denial of plaintiffs‟ petition for writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5. Plaintiffs argue they are not collaterally attacking the mandate judgment, which is final, and therefore the doctrines of finality of judgments and collateral estoppel do not apply. Their theory is that their procedural rights under POBRA were thwarted by the alleged perjury by Sergeant Losorelli. Rather than seeking reinstatement to the LAPD, plaintiffs now seek damages for emotional distress, lost earnings and benefits (including pensions), both past and future. They also seek a civil penalty of $25,000 under section 3309.5, and costs of suit. Finally, plaintiffs seek “an order of injunctive or extraordinary relief that the court deems necessary and just to prevent such future similar actions on the part of defendants against other employees.” A. POBRA POBRA “sets forth a list of basic rights and protections which must be afforded all peace officers (see § 3301) by the public entities which employ them. (§§ 3300 et seq.) „It is a catalogue of the minimum rights (§ 3310) the Legislature deems necessary to secure stable employer-employee relations (§ 3301).‟ (Baggett v. Gates (1982) 32 Cal.3d 128, 135.)” (Gales v. Superior Court (1996) 47 Cal.App.4th 1596, 1600, fns. omitted (Gales).) Plaintiffs‟ second amended complaint alleges an action under section 3309.5, which provides a private right of action for police officers who claim a violation of their rights under POBRA.4 4 In pertinent part, section 3309.5 provides: “(a) It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by this chapter. [¶] . . . [¶] (c) The superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapter. [¶] (d)(1) In any case where the superior court finds that a public safety department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other 7 B. Availability of POBRA Cause Of Action City argues that plaintiffs have not stated a cause of action under POBRA because the alleged perjury was committed in the administrative mandamus proceedings after plaintiffs had been discharged from the LAPD. At that point, City argues, plaintiffs were no longer peace officers as defined by section 3301. Plaintiffs respond that the purpose of POBRA would be defeated if their rights are guaranteed only up to the point of discharge. We need not resolve whether a cause of action lies under POBRA based on a false declaration filed in an administrative mandamus proceeding because the time to challenge the declaration is in the Code of Civil Procedure section 1094.5 proceeding. A subsequent collateral attack on that basis is not allowed, as we next discuss. C. Finality of Adjudications The California Supreme Court examined the principles underlying the finality of judgments in Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1 (Cedars-Sinai), in which it held that there is no separate tort for intentional spoliation of evidence. The court reviewed several cases that denied a tort remedy for the presentation of false evidence or suppression of evidence and observed these decisions “rest on a concern for the finality of adjudication.” (Id. at p. 10.) “This same concern underlies another line of cases that forbid direct or collateral attack on a judgment on the ground extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer. [¶] . . . [¶] (e) In addition to the extraordinary relief afforded by this chapter, upon a finding by the superior court that a public safety department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the public safety officer, the public safety department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the public safety officer whose right or protection was denied . . . . If the court so finds, and there is sufficient evidence to establish actual damages suffered by the officer whose right or protection was denied, the public safety department shall also be liable for the amount of the actual damages.” 8 that evidence was falsified, concealed, or suppressed. After the time for seeking a new trial has expired and any appeals have been exhausted, a final judgment may not be directly attacked and set aside on the ground that evidence has been suppressed, concealed, or falsified; . . . such fraud is „intrinsic‟ rather than „extrinsic.‟ [Citations.] Similarly, under the doctrines of res judicata and collateral estoppel, a judgment may not be collaterally attacked on the ground that evidence was falsified or destroyed. [Citations.]” (Ibid., italics added.) The claim that the judgment was based on forged documents or perjured testimony does not obviate the force of this policy favoring finality of judgments. As explained in Pico v. Cohn (1891) 91 Cal. 129, upon which the Supreme Court relied, “„[W]e think it is settled beyond controversy that a decree will not be vacated merely because it was obtained by forged documents or perjured testimony. The reason of this rule is, that there must be an end of litigation; and when parties have once submitted a matter . . . for investigation and determination, and when they have exhausted every means for reviewing such determination in the same proceeding, it must be regarded as final and conclusive . . . . [¶] . . . [W]hen [the aggrieved party] has a trial, he must be prepared to meet and expose perjury then and there. . . . The trial is his opportunity for making the truth appear. If, unfortunately, he fails, being overborne by perjured testimony, and if he likewise fails to show the injustice that has been done him on motion for a new trial, and the judgment is affirmed on appeal, he is without remedy. The wrong, in such case, is of course a most grievous one, and no doubt the legislature and the courts would be glad to redress it if a rule could be devised that would remedy the evil without producing mischiefs far worse than the evil to be remedied. Endless litigation, in which nothing was ever finally determined, would be worse than occasional miscarriages of justice . . . .‟” (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11, italics added, quoting Pico v. Cohn, supra, 91 Cal. 129, 133-134; accord, United States v. Throckmorton (1878) 98 U.S. 61, 68-69.) 9 D. Intrinsic Fraud Courts traditionally have distinguished between extrinsic and intrinsic fraud, a distinction which “is of critical importance because intrinsic fraud cannot be used to overthrow a judgment, even where the party was unaware of the fraud at the time and did not have a chance to raise it at trial.” (Pour Le Bebe, Inc. v. Guess? Inc. (2003) 112 Cal.App.4th 810, 828.) As we have discussed, the introduction of perjured testimony is a classic example of intrinsic fraud. (See also Kachig v. Boothe (1971) 22 Cal.App.3d 626, 634, cited with approval in Pour Le Bebe, Inc. v. Guess? Inc., supra, 112 Cal.App.4th at p. 828.) Plaintiffs argue these principles do not apply because their second amended complaint does not seek to invalidate the denial of the mandate petition and does not seek their reinstatement. They characterize the two actions: “The prior action litigated whether [plaintiffs] were entitled to equitable relief because inter alia the City of Los Angeles brought charges against them beyond the one year statute of limitations. The present action seeks statutory penalties and damages for a different and distinct violation of Government Code § 3309.5 by an employee of the City of Los Angeles.” They rely on Corral v. State Farm Mutual Auto. Ins. Co. (1979) 92 Cal.App.3d 1004 (Corral). Corral arose out of an uninsured motorist arbitration between an insured and her insurer. The insurer refused to stipulate that the third party involved in the accident with the insured was uninsured. The arbitration was continued to allow the insured to obtain evidence that the third party was uninsured or to obtain a stipulation to that effect. When neither was obtained, counsel for the insured submitted on the evidence produced at the hearing. The arbitrator found for the insurer. Six weeks later the insured sought to reopen the arbitration based on a new declaration from the third party stating that he was uninsured. The request was denied on the ground the arbitrator lacked authority to grant the relief requested. (Corral, supra, 92 Cal.App.3d at pp. 1007-1008.) The insured‟s motion in the superior court to vacate the arbitration award was denied as untimely, a ruling that was affirmed by the Court of Appeal. (Id. at p. 1008.) 10 The insured then filed a separate action against the insurer for breach of the duty of good faith and fair dealing. In it, she alleged that at all times the insurer knew that the third party was uninsured, and fraudulently contended at the arbitration hearing that he was insured. In opposition to the defense motion for summary judgment, counsel for the insured submitted his declaration in which he stated that a claims manager for the insured had told him before the arbitration that the insurer would treat the claim as an uninsured motorist case. The attorney declared that, in reliance on these assurances, he made no effort to obtain evidence of the third party‟s lack of insurance coverage. (Corral, supra, 92 Cal.App.3d at pp. 1008-1009.) The Corral court rejected the insurer‟s argument that the bad faith action was barred by either res judicata or the policies underlying finality of judgments. (Corral, supra, 92 Cal.App.3d at p. 1009.) Instead, it held that each proceeding was based on a different claim of right: the arbitration proceeding was brought to recover benefits under the uninsured motorist provision of the insurance contract; the bad faith cause of action was not based on facts surrounding the automobile collision or the terms of the insurance policy, but on bad faith (refusal to acknowledge that the third party motorist was uninsured) committed after the collision. The court concluded that the bad faith claim constituted a different cause of action, and so was not barred by collateral estoppel. (Id. at pp. 1011-1012.) It held that the bad faith action was “not a collateral attack upon the arbitrator‟s award as it is not directed toward directly preventing the enforcement of that award or defeating rights acquired under it.” (Id. at p. 1013.) The court in Corral acknowledged a then recent case that reached a different result, but disagreed with its holding. The case was Rios v. Allstate Ins. Co. (1977) 68 Cal.App.3d 811, which held that the doctrine of finality of judgments barred a separate action for bad faith alleging that in an arbitration between insurer and insured, the insurer had presented false evidence and testimony. (Corral, supra, 92 Cal.App.3d at pp. 1012-1014.) But Rios (and several other decisions) were cited with approval by our Supreme Court in Cedars-Sinai, supra, 18 Cal.4th at page 10. Of course, the Corral court did not 11 have the benefit of the Supreme Court‟s reasoning in Cedars-Sinai, which was decided some 19 years later. Plaintiffs do not cite or discuss Rios, but argue that Corral should apply because in that case, as in this one, the facts giving rise to the second action occurred during the first proceeding. They contend: “As demonstrated in Corral, it is the extraordinary obligations of the defendant that allows the second action to proceed. In that case, it was the insurance company‟s obligation of good faith and fair dealing. . . . Similarly, in the present case the City of Los Angeles cannot get away with its conduct at the hearing on the writ where it presented the perjurous [sic] declaration because it had an independent obligation not to violate [plaintiffs‟] rights under Government Code, § 3309.5.” Here, to prevail in their action for damages, plaintiffs had to prove a violation of POBRA based upon defendant‟s reliance on a perjured declaration to show that the tolling of the time to file disciplinary actions lasted long enough to render their discharges timely. This goes to the heart of the trial court‟s finding in the mandate proceeding. To the extent that Corral stands for the proposition that the finality of judgments doctrine does not apply to a separate bad faith action arising from the presentation of false or perjured testimony in an earlier proceeding, we disagree, and instead follow Cedars-Sinai, supra, 18 Cal.4th 1 and Rios, supra, 68 Cal.App.3d at pp. 818-819. Plaintiffs also rely on Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore (2008) 162 Cal.App.4th 1331 (Miller). In that case, the executor of an estate hired a law firm to represent her in connection with her duties. At the conclusion of the probate matter, the firm requested and was awarded its fees except for one category which the probate court found to involve work for the executor in her individual capacity. The firm did not appeal that decision. Instead, it filed a new action seeking quantum meruit recovery of the denied fees directly from the client. The trial court held the action was barred by the final judgment in the probate case. The Court of Appeal reversed. Significantly, it found that the probate court did not decide that the law firm was not entitled to the additional fees, but only that the fees were not payable out of the estate. 12 (Id. at p. 1341.) As the Miller court explained, the probate court never ruled on the firm‟s entitlement to fees directly from its client, and therefore there was no basis for collateral estoppel. (Id. at p. 1343.) The case before us is quite different. The court ruled on the tolling issue in the mandate proceeding. Indeed it was the central question in the case. “„Collateral estoppel precludes the relitigation of an issue only if (1) the issue is identical to an issue decided in a prior proceeding; (2) the issue was actually litigated; (3) the issue was necessarily decided; (4) the decision in the prior proceeding is final and on the merits; and (5) the party against whom collateral estoppel is asserted was a party to the prior proceeding or in privity with a party to the prior proceeding. (Lucido v. Superior Court (1990) 51 Cal.3d 335, 341.)‟ (Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82.)” (Plumley v. Mockett (2008) 164 Cal.App.4th 1031, 1048-1049.) That describes the present case. Because the tolling issue was actually litigated in the mandate proceeding, a new claim based on the allegedly perjured declaration is a collateral attack on the mandate decision. Perjured testimony cannot be the basis for a separate proceeding. (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11.) In light of our conclusion, we need not and do not address City‟s other arguments. DISPOSITION The judgment is affirmed. City is to have its costs on appeal. CERTIFIED FOR PUBLICATION. EPSTEIN, P. J. We concur: WILLHITE, J. MANELLA, J. Source: barstowwatch.com Source: probatecourtco.com Source: unitedstatesbankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: chapter9bankruptcyco.com Source: unitedstatesbankruptcycourtco.com Source: whatisbankruptcyco.com Source: probatecourtco.com Source: unitedstatesbankruptcycourtco.com Source: bankruptcycourtco.com Source: whatisbankruptcyco.com Source: filebankruptcyco.com
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Bankruptcy Counseling: Maine Bankruptcy Law

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Maine Bankruptcy Court In Bangor Maine

Categories: Bankruptcy Court, Bankruptcy Court, Maine  Tags: bankruptcy court, bankruptcy court maine, bankruptcy courts, bankruptcy in maine, bankruptcy maine, chapter 13, federal bankruptcy court, filing bankruptcy in maine, florida bankruptcy laws, maine bankruptcy laws, united states bankruptcy court, us bankruptcy court
Source: usdistrictcourts.org

Can you be "too broke" to file bankruptcy?

  Texas, Gonzalez de la Garza Genealogy Collection   Vermont, Vital Records, 1760-1954   Washington State County Land Records, 1852-1935   Washington State County Probate Case Files, 1832-1950   Washington State County Records, 1885-1950   Wisconsin, Fond du Lac Public Library Records, 1848-1980 New images have been added to the following databases unless otherwise noted: Australia, Queensland Cemetery Records, 1802-1990 Australia, Tasmania, Miscellaneous Records, 1829-1961 Austria, Seigniorial Records, 1537-1888 Bolivia, Catholic Church Records, 1566-1996 Brazil Civil Registration, 1870-2009 Canada, Ontario Births, 1869-1912  (Index records) Canada, Quebec Notarial Records, 1800-1900 Canada, Saskatchewan, Judicial District Court Records, 1891-1954 Canada, Saskatchewan, Probate Estate Files, 1887-1931 Canada, Quebec Notarial Records, 1800-1900 Chile, Santiago, Cementerio General, 1821-2010                       China, Collection of Genealogies, 1500-1900 Colombia, Catholic Church Records, 1600-2008                     Costa Rica, Civil Registration, 1860-1975 Czech Republic, Censuses, 1843-1921 Czech Republic, Church Books, 1552-1935 Czech Republic, Land Records, 1450-1850 Czech Republic, Třeboň, Nobility Seignorial records, 1664-1698 Dominican Republic Civil Registration, 1801-2006 El Salvador, Civil Registration Records, 1836-1910 England and Wales Census, 1871 England, Norfolk Parish Registers, 1538-1900  (Index records and images) Estonia, Church Books 1835-194 Germany Marriages, 1558-1929  (Index records) Germany, Bavaria, Dinkelsbühl Miscellaneous City Records, 1804-1946 Germany, Württemberg, Albstadt, Miscellaneous City Records, 1705-1850 Guatemala, Catholic Church Records, 1581-1977 Hungary Catholic Church Records, 1636-1895  (Index records)                       Hungary Reformed Church Christenings, 1624-1895  (Index records) Hungary, Civil Registration, 1895-1980 Italy, Bologna, Bologna, Civil Registration (Tribunale), 1866-1941 Italy, Catania, Caltagirone, Civil Registration (Tribunale), 1861-1941 Italy, Catania, Catania, Civil Registration (Comune), 1820-1905 Italy, Cuneo, Civil Registration (State Archive), 1795-1915 Italy, Genova, Chiavari, Civil Registration (Tribunale), 1866-1941 Italy, Napoli, Civil Registration (State Archive), 1809-1865 Italy, Pistoia, Pistoia, Civil Registration (Tribunale), 1866-1929 Italy, Ravenna, Ravenna, Civil Registration (Tribunale), 1866-1929 Italy, Trieste, Trieste, Civil Registration (Tribunale), 1924-1939 Jamaica, Civil Birth Registration Korea, Collection of Genealogies, 1500-2009 Mexico, Morelos, Civil Registration, 1861-1920 Micronesia, Pohnpei, Land Records, 1971-2007 Nicaragua, Diocese of Managua, Catholic Church Records, 1740-2008 Norway Census, 1875  (Index records) Peru, Civil Registration, 1874-1996 Philippines, Civil Registration (National), 1945-1980 Poland, Roman Catholic Church Books, 1600-1950 Portugal, Aveiro, Catholic Church Records, 1550-1911 Portugal, Aveiro, Passport Registers, 1882-1965 Portugal, Aveiro, Testaments, 1900-1936 Portugal, Braga, Catholic Church Records, 1530-1911 Portugal, Bragança, Catholic Church Records, 1541-1985 Portugal, Coimbra, Catholic Church Records, 1459-1911 Portugal, Coimbra, Passport Registers and Application Files, 1835-1938 Portugal, Diocese of Lamego, Catholic Church Records, 1532-1911 Portugal, Diocese of Vila Real, Catholic Church Records, 1575-1975 Portugal, Faro, Catholic Church Records, 1587-1880 Portugal, Guarda, Catholic Church Records, 1459-1911 Portugal, Leiria, Catholic Church Records, 1534-1911   Portugal, Leiria, Passport Registers, 1861-1901 Portugal, Porto, Catholic Church Records, 1535-1949 Portugal, Porto, Catholic Church Records, 1582-1908 Portugal, Setúbal, Catholic Church Records, 1555-1911   Portugal, Viana do Castelo, Catholic Church Records, 1537-1909 Portugal, Vila Real, Catholic Church Records, 1533-1941 South Africa, Orange Free State, Estate Files, 1951-2004 South Africa, Reformed Church Records, 1856-1988 Spain, Cádiz, Testaments, 1550-1920 Spain, Consular Records of Emigrants, 1808-1960 Spain, Consular Records of Emigrants, 1808-1960 Spain, Municipal Records Sweden, Älvsborg Church Records, 1642-1897; index 1681-1860 Sweden, Blekinge Church Records, 1612-1916; index 1646-1860 Sweden, Gävleborg Church Records, 1616-1908; index 1671-1860 Sweden, Göteborg och Bohus Church Records, 1577-1932; index 1659-1860 Sweden, Gotland Church Records, 1582-1940; index 1655-1860 Sweden, Halland Church Records, 1615-1904; index 1615-1860 Sweden, Jämtland Church Records, 1582-1928; index 1642-1860 Sweden, Jönköping Church Records, 1581-1935; index 1633-1860 Sweden, Kalmar Church Records, 1577-1907; index 1625-1860 Sweden, Örebro Church Records, 1613-1918; index 1635-1860 Sweden, Skaraborg Church Records, 1612-1921; index 1625-1860 United States:   Alabama State Census, 1855  (Index records)   Alabama State Census, 1866  (Index records)   Alabama, County Estate Records, 1800-1996   Alabama, Sumter County Circuit Court Files, 1840-1950                         California, Marriage Index, 1960-1985  (Index records)                       California, San Francisco Area Funeral Home Records, 1835-1931   California, San Francisco County Records, 1824-1997   California, San Mateo County Records, 1856-1967   Connecticut, Death Index, 1949-2001  (Index records)                         Delaware, Vital Records, 1680-1962   District of Columbia Marriages, 1811-1950 (Index records and images)   Florida Marriages, 1830-1993 (Index and images)                         Florida, Tampa, Passenger Lists, 1898-1945   Georgia Headright and Bounty Land Records, 1783-1909   Idaho, Cassia County Records, 1879-1960                         Idaho, Cassia County Records, 1879-1960   Idaho, Minidoka County Records, 1913-1961   Illinois, Probate Records, 1819-1970   Indiana, Death Index, 1882-1920   (Index records)   Indiana, Marriages, 1811-1959 (Jay and Hamilton counties)  (Index records)   Kentucky, Confederate Pension Applications, 1912-1950   Kentucky, County Marriages, 1797-1954  (Index records and images)   Louisiana, Orleans Parish Vital Records, 1910, 1960   Louisiana, Parish Marriages, 1837-1957  (Index records and images)   Louisiana, Second Registration Draft Cards, compiled 1948-1959   Maine, State Archive Collections, 1790-1966   Maine, Washington County Courthouse Records, 1785-1950   Maryland, Garrett County Probate Estate and Guardianship Files, Source: blogspot.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: bankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: bankruptcycourtco.com Source: businessbankruptcyco.com Source: probatecourtco.com Source: bankruptcyrecordsco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: probatecourtco.com Source: unitedstatesbankruptcycourtco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: probatecourtco.com Source: whatisbankruptcyco.com Source: bankruptcycourtco.com Source: bankruptcycourtco.com Source: bankruptcycourtco.com
Source: whatisbankruptcyco.com

When To Appeal After Maine OUI Conviction

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Source: businesslawyerbankruptcy.com

You Can't Make it Up

The Gingrich Group, also known as the Center for Health Transformation, filed for Chapter 7 bankruptcy in federal court in Atlanta…filing marks an abrupt turn for a group that raised millions of dollars just a few years ago to support and promote Gingrich’s health care ideas.
Source: asmainegoes.com

‘COME ON DOWN’ AND FILE FOR BANKRUPTCY!

Attorney David Falvey has been practicing law for over 25 years and has helped thousands of Connecticut clients with their financial struggles – through credit counseling or bankruptcy. Earning numerous accreditations and recognitions over his career, Attorney Falvey has proven himself to be a true consumer advocate; doing everything he can to get his clients finances back on track and give them their life back. More about Connecticut bankruptcy attorney David Falvey…
Source: actionadvocacy.com

Affordable Bankruptcy Is Possible

  Texas, Gonzalez de la Garza Genealogy Collection   Vermont, Vital Records, 1760-1954   Washington State County Land Records, 1852-1935   Washington State County Probate Case Files, 1832-1950   Washington State County Records, 1885-1950   Wisconsin, Fond du Lac Public Library Records, 1848-1980 New images have been added to the following databases unless otherwise noted: Australia, Queensland Cemetery Records, 1802-1990 Australia, Tasmania, Miscellaneous Records, 1829-1961 Austria, Seigniorial Records, 1537-1888 Bolivia, Catholic Church Records, 1566-1996 Brazil Civil Registration, 1870-2009 Canada, Ontario Births, 1869-1912  (Index records) Canada, Quebec Notarial Records, 1800-1900 Canada, Saskatchewan, Judicial District Court Records, 1891-1954 Canada, Saskatchewan, Probate Estate Files, 1887-1931 Canada, Quebec Notarial Records, 1800-1900 Chile, Santiago, Cementerio General, 1821-2010                       China, Collection of Genealogies, 1500-1900 Colombia, Catholic Church Records, 1600-2008                     Costa Rica, Civil Registration, 1860-1975 Czech Republic, Censuses, 1843-1921 Czech Republic, Church Books, 1552-1935 Czech Republic, Land Records, 1450-1850 Czech Republic, Třeboň, Nobility Seignorial records, 1664-1698 Dominican Republic Civil Registration, 1801-2006 El Salvador, Civil Registration Records, 1836-1910 England and Wales Census, 1871 England, Norfolk Parish Registers, 1538-1900  (Index records and images) Estonia, Church Books 1835-194 Germany Marriages, 1558-1929  (Index records) Germany, Bavaria, Dinkelsbühl Miscellaneous City Records, 1804-1946 Germany, Württemberg, Albstadt, Miscellaneous City Records, 1705-1850 Guatemala, Catholic Church Records, 1581-1977 Hungary Catholic Church Records, 1636-1895  (Index records)                       Hungary Reformed Church Christenings, 1624-1895  (Index records) Hungary, Civil Registration, 1895-1980 Italy, Bologna, Bologna, Civil Registration (Tribunale), 1866-1941 Italy, Catania, Caltagirone, Civil Registration (Tribunale), 1861-1941 Italy, Catania, Catania, Civil Registration (Comune), 1820-1905 Italy, Cuneo, Civil Registration (State Archive), 1795-1915 Italy, Genova, Chiavari, Civil Registration (Tribunale), 1866-1941 Italy, Napoli, Civil Registration (State Archive), 1809-1865 Italy, Pistoia, Pistoia, Civil Registration (Tribunale), 1866-1929 Italy, Ravenna, Ravenna, Civil Registration (Tribunale), 1866-1929 Italy, Trieste, Trieste, Civil Registration (Tribunale), 1924-1939 Jamaica, Civil Birth Registration Korea, Collection of Genealogies, 1500-2009 Mexico, Morelos, Civil Registration, 1861-1920 Micronesia, Pohnpei, Land Records, 1971-2007 Nicaragua, Diocese of Managua, Catholic Church Records, 1740-2008 Norway Census, 1875  (Index records) Peru, Civil Registration, 1874-1996 Philippines, Civil Registration (National), 1945-1980 Poland, Roman Catholic Church Books, 1600-1950 Portugal, Aveiro, Catholic Church Records, 1550-1911 Portugal, Aveiro, Passport Registers, 1882-1965 Portugal, Aveiro, Testaments, 1900-1936 Portugal, Braga, Catholic Church Records, 1530-1911 Portugal, Bragança, Catholic Church Records, 1541-1985 Portugal, Coimbra, Catholic Church Records, 1459-1911 Portugal, Coimbra, Passport Registers and Application Files, 1835-1938 Portugal, Diocese of Lamego, Catholic Church Records, 1532-1911 Portugal, Diocese of Vila Real, Catholic Church Records, 1575-1975 Portugal, Faro, Catholic Church Records, 1587-1880 Portugal, Guarda, Catholic Church Records, 1459-1911 Portugal, Leiria, Catholic Church Records, 1534-1911   Portugal, Leiria, Passport Registers, 1861-1901 Portugal, Porto, Catholic Church Records, 1535-1949 Portugal, Porto, Catholic Church Records, 1582-1908 Portugal, Setúbal, Catholic Church Records, 1555-1911   Portugal, Viana do Castelo, Catholic Church Records, 1537-1909 Portugal, Vila Real, Catholic Church Records, 1533-1941 South Africa, Orange Free State, Estate Files, 1951-2004 South Africa, Reformed Church Records, 1856-1988 Spain, Cádiz, Testaments, 1550-1920 Spain, Consular Records of Emigrants, 1808-1960 Spain, Consular Records of Emigrants, 1808-1960 Spain, Municipal Records Sweden, Älvsborg Church Records, 1642-1897; index 1681-1860 Sweden, Blekinge Church Records, 1612-1916; index 1646-1860 Sweden, Gävleborg Church Records, 1616-1908; index 1671-1860 Sweden, Göteborg och Bohus Church Records, 1577-1932; index 1659-1860 Sweden, Gotland Church Records, 1582-1940; index 1655-1860 Sweden, Halland Church Records, 1615-1904; index 1615-1860 Sweden, Jämtland Church Records, 1582-1928; index 1642-1860 Sweden, Jönköping Church Records, 1581-1935; index 1633-1860 Sweden, Kalmar Church Records, 1577-1907; index 1625-1860 Sweden, Örebro Church Records, 1613-1918; index 1635-1860 Sweden, Skaraborg Church Records, 1612-1921; index 1625-1860 United States:   Alabama State Census, 1855  (Index records)   Alabama State Census, 1866  (Index records)   Alabama, County Estate Records, 1800-1996   Alabama, Sumter County Circuit Court Files, 1840-1950                         California, Marriage Index, 1960-1985  (Index records)                       California, San Francisco Area Funeral Home Records, 1835-1931   California, San Francisco County Records, 1824-1997   California, San Mateo County Records, 1856-1967   Connecticut, Death Index, 1949-2001  (Index records)                         Delaware, Vital Records, 1680-1962   District of Columbia Marriages, 1811-1950 (Index records and images)   Florida Marriages, 1830-1993 (Index and images)                         Florida, Tampa, Passenger Lists, 1898-1945   Georgia Headright and Bounty Land Records, 1783-1909   Idaho, Cassia County Records, 1879-1960                         Idaho, Cassia County Records, 1879-1960   Idaho, Minidoka County Records, 1913-1961   Illinois, Probate Records, 1819-1970   Indiana, Death Index, 1882-1920   (Index records)   Indiana, Marriages, 1811-1959 (Jay and Hamilton counties)  (Index records)   Kentucky, Confederate Pension Applications, 1912-1950   Kentucky, County Marriages, 1797-1954  (Index records and images)   Louisiana, Orleans Parish Vital Records, 1910, 1960   Louisiana, Parish Marriages, 1837-1957  (Index records and images)   Louisiana, Second Registration Draft Cards, compiled 1948-1959   Maine, State Archive Collections, 1790-1966   Maine, Washington County Courthouse Records, 1785-1950   Maryland, Garrett County Probate Estate and Guardianship Files, Source: blogspot.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: bankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: bankruptcycourtco.com Source: businessbankruptcyco.com Source: probatecourtco.com Source: bankruptcyrecordsco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: bankruptcycourtco.com Source: filebankruptcyco.com Source: bankruptcycourtco.com Source: whatisbankruptcyco.com Source: whatisbankruptcyco.com Source: chapter9bankruptcyco.com Source: bankruptcycourtco.com
Source: businessbankruptcyco.com

Octomom files for Chapter 7 bankruptcy protection

Another striking aspect of this is the amount of debt.  We handle a lot of bankruptcies, but $1 million is a lot of debt.  Thankfully she did not have too much income, because with that much debt, she would not have been allowed to file for Chapter 13 bankruptcy in all likelihood.  Chapter 13 bankruptcy requires the repayment of some debt over a period of 36-60 months.  If you do not meet the income requirements for Chapter 7 bankruptcy, then you would next consider Chapter 13 bankruptcy and repay anywhere from 0% to 100% of your unsecured debt over the Chapter 13 plan period.  Many Chapter 13 bankruptcies result in payment of less than 15% of the underlying unsecured debt.  Although there are no income requirements for Chapter 13 eligibility, there are debt limits. 
Source: daytonbankruptcyblog.com

Video: Qualifying for Chapter 7 Bankruptcy in Minnesota

Bankruptcy Filings: State Bankruptcy Exemptions

Above all, hold you head up high and understand that tens of thousands of people in debt, creditors are facing problems because of long illness, being jobless, divorce or your spouse lose their job. The odds of all your options before you do this, then your total credit limit. This is only misery in disguise. A Chapter 13 petition which will require the state bankruptcy exemptions of people use IVAs every month to resolve their debt problems. The majority are able to continue to conduct business throughout the state bankruptcy exemptions, Chapter 11 is most commonly filed by large businesses that need to study your case and, at the state bankruptcy exemptions of the state bankruptcy exemptions, any outstanding debt is erased with filing for Chapter 7, corporations are able to clear your debts. In return, you may ask: why the state bankruptcy exemptions a bankruptcy lawyer at your hearing, especially if you or you might find out that you’ve crafted an arrangement that is insolvent can adopt to save it from going into bankruptcy.
Source: blogspot.com

‘Octomom’ files for Chapter 7 after 14 kids and $1 million debt

If you are thinking about filing for bankruptcy, you may not be sure where to start. Finding the right bankruptcy attorney to handle your case could be the best way to deal with your bankruptcy questions. In the meantime, before filing for bankruptcy, you might consider other alternatives. A bankruptcy will remain on your record for a long period of time. However, there is a good chance that if you are thinking about filing for bankruptcy, then your credit is probably in bad shape already. A bankruptcy could be your chance to relieve your debts completely and give you a fresh start. According to the revised Bankruptcy Code, an individual is required to attend credit counseling to discuss other options, 180 days prior to the bankruptcy filing case. If bankruptcy is right for you, then you might want to look into what chapter of bankruptcy applies to your case. One of the more popular chapters is a chapter 7 bankruptcy where your debts can be completely liquidated. However, in order to qualify for this chapter, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) demands that individuals take the means test before filing a chapter 7 bankruptcy. The other common chapter is the chapter 13. Individuals who file for this chapter generally have a steady income and will set up a payment plan to pay off their debts. If you are looking to hire a bankruptcy attorney, it would be a good idea to hire someone you can be in direct contact with, versus a paralegal from a large law firm. Once you have selected a bankruptcy lawyer, you could then set up a meeting time to discuss your bankruptcy case and your best strategy going forward. Your attorney may also provide you with the means test. The cost for a bankruptcy attorney will also vary. Some attorneys require a flat fee, while others will let you pay them in installments. The fees will also depend on your location. In some instances, you may be able to file for free, but if you decide to file for a chapter 7, then you will most likely have to pay your attorney fees before your case is filed. In a chapter 13, your attorney fees may be included in your payment plan that you have laid out in your file. You can talk with your attorney about fees and the associated costs with filing for bankruptcy to get a better idea of what you will be paying up front. Once you have a bankruptcy attorney secured, you may then direct your creditors to his or her office. Your bankruptcy attorney will most likely handle all your creditor calls on your behalf and the automatic stay will go into effect. This automatic stay prohibits creditors from contacting you to harass you about your debts. Creditors are most likely held liable if they violate the automatic stay in which case you could be awarded for punitive damages. When your file is submitted, you may get a letter in the mail for a creditor meeting, also known as the 341 meeting. This meeting will enable the trustee of your file to ensure with you that your file is truthful and that you understand the terms of a bankruptcy. Your bankruptcy attorney will probably go over all of your listed debts with you prior to this meeting so that you can be prepared. Your answers in the meeting may be recorded, but on average, the meeting will last only approximately 10 minutes. Your trustee may then decide which assets are exempt and which are non-exempt. If there are assets listed that are considered non-exempt, these properties may be sold.  In a chapter 13 bankruptcy, you may enter a three to five year plan that involves paying back your creditors over time. While you are filing for bankruptcy, it would be a good idea to discontinue using your credit cards as well. If you use these, your creditor may utilize this against you in a lawsuit by challenging your right to a debt discharge.  In most bankruptcy cases, your creditors will have sixty days from your meeting to challenge the discharge of your debts. If no lawsuits are filed, you may receive a discharge of your debts. In a chapter 13 bankruptcy, you can be notified anywhere from thirty to sixty days after your last payment and the trustee declares that your plan has been completed. Keep in mind that not all debts can be discharged in a bankruptcy, including student loans and specific taxes. Discharged debts usually depend on certain bankruptcy provisions and whether your creditor persuaded the judge to not discharge a particular debt. In any bankruptcy case, it would be a good idea to hire an attorney who can help you through the bankruptcy process so that you can hopefully be debt and stress free. Source: lawadvicenow.com Source: chapter12bankruptcyco.com Source: filebankruptcyco.com Source: filebankruptcyco.com Source: bankruptcyquestionsco.com Source: bankruptcyco.org Source: bankruptcyrecordsco.com Source: bankruptcyrecordsco.com Source: bankruptcycourtco.com Source: bankruptcycourtco.com Source: whatisbankruptcyco.com Source: whatisbankruptcyco.com Source: whatisbankruptcyco.com Source: chapter9bankruptcyco.com
Source: bankruptcycourtco.com

Raleigh Ensemble Players files for Chapter 7 bankruptcy protection

Another striking aspect of this is the amount of debt.  We handle a lot of bankruptcies, but $1 million is a lot of debt.  Thankfully she did not have too much income, because with that much debt, she would not have been allowed to file for Chapter 13 bankruptcy in all likelihood.  Chapter 13 bankruptcy requires the repayment of some debt over a period of 36-60 months.  If you do not meet the income requirements for Chapter 7 bankruptcy, then you would next consider Chapter 13 bankruptcy and repay anywhere from 0% to 100% of your unsecured debt over the Chapter 13 plan period.  Many Chapter 13 bankruptcies result in payment of less than 15% of the underlying unsecured debt.  Although there are no income requirements for Chapter 13 eligibility, there are debt limits.  Source: daytonbankruptcyblog.com
Source: creditcarddebthq.com

How to Determine Income for Chapter 7 Bankruptcy

A change in monthly income can sometimes make bankruptcy filing more difficult. In a Chapter 7 bankruptcy, the bankruptcy court looks back to the past six months and asks for the total monthly gross income for each month. In some months, you may make more in other months. Why is this level of income important? In order to qualify for a Chapter 7 bankruptcy, you must pass the Means test. This test determines whether or not a person can file a Chapter 7 bankruptcy. The rule of thumb is that there is a limit to what your annual income is to determine whether or not you qualify for this Chapter of bankruptcy.
Source: cflbankruptcy.com

‘Octomom,’ mom of 14, files for Chapter 7 bankruptcy

If you are thinking about filing for bankruptcy, you may not be sure where to start. Finding the right bankruptcy attorney to handle your case could be the best way to deal with your bankruptcy questions. In the meantime, before filing for bankruptcy, you might consider other alternatives. A bankruptcy will remain on your record for a long period of time. However, there is a good chance that if you are thinking about filing for bankruptcy, then your credit is probably in bad shape already. A bankruptcy could be your chance to relieve your debts completely and give you a fresh start. According to the revised Bankruptcy Code, an individual is required to attend credit counseling to discuss other options, 180 days prior to the bankruptcy filing case. If bankruptcy is right for you, then you might want to look into what chapter of bankruptcy applies to your case. One of the more popular chapters is a chapter 7 bankruptcy where your debts can be completely liquidated. However, in order to qualify for this chapter, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) demands that individuals take the means test before filing a chapter 7 bankruptcy. The other common chapter is the chapter 13. Individuals who file for this chapter generally have a steady income and will set up a payment plan to pay off their debts. If you are looking to hire a bankruptcy attorney, it would be a good idea to hire someone you can be in direct contact with, versus a paralegal from a large law firm. Once you have selected a bankruptcy lawyer, you could then set up a meeting time to discuss your bankruptcy case and your best strategy going forward. Your attorney may also provide you with the means test. The cost for a bankruptcy attorney will also vary. Some attorneys require a flat fee, while others will let you pay them in installments. The fees will also depend on your location. In some instances, you may be able to file for free, but if you decide to file for a chapter 7, then you will most likely have to pay your attorney fees before your case is filed. In a chapter 13, your attorney fees may be included in your payment plan that you have laid out in your file. You can talk with your attorney about fees and the associated costs with filing for bankruptcy to get a better idea of what you will be paying up front. Once you have a bankruptcy attorney secured, you may then direct your creditors to his or her office. Your bankruptcy attorney will most likely handle all your creditor calls on your behalf and the automatic stay will go into effect. This automatic stay prohibits creditors from contacting you to harass you about your debts. Creditors are most likely held liable if they violate the automatic stay in which case you could be awarded for punitive damages. When your file is submitted, you may get a letter in the mail for a creditor meeting, also known as the 341 meeting. This meeting will enable the trustee of your file to ensure with you that your file is truthful and that you understand the terms of a bankruptcy. Your bankruptcy attorney will probably go over all of your listed debts with you prior to this meeting so that you can be prepared. Your answers in the meeting may be recorded, but on average, the meeting will last only approximately 10 minutes. Your trustee may then decide which assets are exempt and which are non-exempt. If there are assets listed that are considered non-exempt, these properties may be sold.  In a chapter 13 bankruptcy, you may enter a three to five year plan that involves paying back your creditors over time. While you are filing for bankruptcy, it would be a good idea to discontinue using your credit cards as well. If you use these, your creditor may utilize this against you in a lawsuit by challenging your right to a debt discharge.  In most bankruptcy cases, your creditors will have sixty days from your meeting to challenge the discharge of your debts. If no lawsuits are filed, you may receive a discharge of your debts. In a chapter 13 bankruptcy, you can be notified anywhere from thirty to sixty days after your last payment and the trustee declares that your plan has been completed. Keep in mind that not all debts can be discharged in a bankruptcy, including student loans and specific taxes. Discharged debts usually depend on certain bankruptcy provisions and whether your creditor persuaded the judge to not discharge a particular debt. In any bankruptcy case, it would be a good idea to hire an attorney who can help you through the bankruptcy process so that you can hopefully be debt and stress free. Source: lawadvicenow.com Source: chapter12bankruptcyco.com Source: filebankruptcyco.com Source: filebankruptcyco.com Source: bankruptcyquestionsco.com Source: bankruptcyco.org Source: bankruptcyrecordsco.com Source: bankruptcyrecordsco.com Source: bankruptcycourtco.com Source: bankruptcycourtco.com Source: whatisbankruptcyco.com Source: whatisbankruptcyco.com Source: whatisbankruptcyco.com Source: chapter9bankruptcyco.com Source: chapter9bankruptcyco.com
Source: howtofilebankruptcyco.com

Octomom files for Chapter 7 bankruptcy

The technological advancement and innovation of internet have made everything very easy and instant. The same is the case with the bankruptcy services. Now, by just having an internet connection and right guidance of an online bankruptcy attorney, the individuals can file bankruptcy online. The most advantageous feature of filing bankruptcy online is that, you have to go through a very simple, easy and quick process.Ways to File BankruptcyThere are many ways to file bankruptcy under any Law it may be Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, Chapter 13 or Chapter 15 Bankruptcy. The first way is personal filing. Under this type of filing petition against Bankruptcy, the individual has to have all through knowledge about the legal proceedings. The second way is to hire one of the expert Bankruptcy Lawyers. The third and last option that remains is filing Bankruptcy online. There are many Bankruptcy filing services available online. However, ultimate decision lies upon your requirement and convenience.What is the process to file Bankruptcy Online?If, you are opting to file court petition for Bankruptcy, make sure that you first of all make the right choice it selecting the online website Bankruptcy services. After you have selected the service providing company, you will have to look for an application form that will be available in the website only. This online form will be free. Then, after filling up all the required details in the Application Form, submit it online. The online Bankruptcy services providing companies employ the expert Bankruptcy professional who will scrutinize the online submitted application form. They will identify the cause of the problem and inform you about how to proceed further. For e.g. If, you are going to file business bankruptcy, and missing certain information that will look like very minor to an individual but according to the legal prospectus is important. In such case the attorney will suggest the correction. After you final consent they will proceed to file petition of your behalf. Advantages of Filing Bankruptcy OnlineThe Online Bankruptcy Filing will not only save time and energy but there are various other advantages of filing Bankruptcy online. Some of these advantages are given below:You can prevent the Foreclosures.Re-establish your positive credit rating.Construct fresh Financial Status.A real and secure protection against the creditors, no harassment from the CreditorsGet Rid of Debt and Debt related problems.Eliminate the financial stress and worries.Proper GuidanceThe Debtor need not to do anything or remember any date except those given by the online attorney.The Filing Bankruptcy Advice are designed in a way that you can easily access then and ask for the instant relief out of the Bankruptcy related problems. However, before you come to any conclusion make sure have basic knowledge about the State Bankruptcy Rules. Source: texaslemonlawfor2012.com Source: whatisbankruptcyco.com
Source: bankruptcyinformationco.com

Chapter 13 Bankruptcy: Repaying Personal Debts

Chapter 13 filers are not typically expected to pay all of their debts through the bankruptcy court. Debts are rated in priority: Taxes, child-support and secured debts are paid in full through the plan, while unsecured debts like credit cards are only paid based on what the petitioner can afford, usually only pennies on the dollar. Any unsecured debt remaining at the end of the payment period is forgiven by the court.
Source: gobankingrates.com

If you filed for bankruptcy 8 years ago can you take out a home equity loan

It will be difficult having a score lower than 620. Thats not to say it will be impossible but not to many lenders will touch that one. Its best to put it off for another year or two and start reestablishing your credit. Get low limit credit cards with little balance making sure you make all payments on time. This shows lenders that you can handle credit responsibly. They want to see that you do have credit cards they dont want to see those cards maxed out. They want to see that you can have the credit and use it know i went through all this myself and have finally gotten my score decent enough for a home loan will will be closing next week.
Source: masayas.com

All About Chapter 13 Bankruptcy

When people think about bankruptcy, they often think about Chapter 7 bankruptcy, where the person applying for bankruptcy liquidates their assets to settle their debts. With Chapter 13 bankruptcy, however, the person applying for bankruptcy is allow to keep all his property and instead set up a structured plan that will be utilized to repay debts over a period of three to five years. Chapter 13 bankruptcy takes longer than Chapter 7 bankruptcy in terms of resolution time, and you will still have to give up some of your financial freedom; you will be working with a bankruptcy trustee from whom you must request permission before taking out a new loan. Being able to keep all your property while still being able to settle your debts is, however, a very considerable advantage of this type of bankruptcy.
Source: loanexposition.com

Bankruptcy Chapter 7 Income Limits

bankruptcy chapter 7 income limits bankruptcy chapter 7 income limits texas You can file a Chapter 7 bankruptcy and have a slightly higher income effective March 15, 2011. Follow the link to see how this change will affect you Income Limits and Chapter 7 Bankruptcy. When a person is facing a serious financial crisis and feels that bills, credit, and loan repayment have spun out of control … Bankruptcy Chapter 7 Income Limits Chapter 7 bankruptcy is known as liquidation. It forces the debtor to sell all his nonexempt assets to pay his outstanding debts. Amidst the extensive rules and regulations involved in a Texas bankruptcy, one of the most important is the income requirement to file Chapter Bankruptcy Chapter 7 Income Limits 7 bankruptcy … The federal government limits who can file Chapter 7 bankruptcy through the use of two income tests — one that weeds out potential filers whose gross incomes are too … Income limits in Chapter 7 bankruptcies Among the most common types of bankruptcies, chapter seven is considered the last option. This is because it is known as … Chapter 7 Bankruptcy Income Limits California. Undergraduate; MBA Login via SSH. Contact Us. CORPORATE RESTRUCTURING We offer “Corporate Restructuring” The objective … Talk to a Colorado Bankruptcy Attorney to See if You Qualify for Chapter 7 Bankruptcy
Source: posterous.com

When should you go for Chapter 13 bankruptcy?

If you are facing debt problems then whether to use any common debt relief method or to go for bankruptcy, Chapter 7 or Chapter 13 depends upon you. Here at Bankruptcy HQ you will be able to find sufficient information on Chapter 13 bankruptcy, which along with your circumstances, the kind of debt you owe and your current income will help you decide whether Chapter 13 bankruptcy is suitable for you.
Source: mybanknotecollection.com

Bankruptcy is a Predictable and Reliable Tool to Overcome Overwhelming Debt

Reliable Solutions: Anything reliable will give the same result over the course of repeated trials.  The two solutions offered to individuals with overwhelming consumer debt [debts owed as a result of purchasing goods that are consumable and/or do not increase in value] will take different periods of time to arrive at debt solution.  Why would anyone choose the slow and steady course of a Chapter 13 over a relatively quick course of a Chapter 7 bankruptcy?  The answers can be explained best in regard to your situation, but in either case you can count on obtaining a much-needed financial “fresh start” upon successful completion of your case.
Source: california-bankruptcyattorney.com

Aurora IL Bad Credit Car Dealerships

free to use nature photos by Joost J. Bakker IJmuidenEURO LOAN SERVICE Hello,we give out loan to Business Men and women who are into Business and need money to expand their business or in starting a new business, We give out long term loan for 3years to 50years maximum if you are interested in this you can as well tell me the amount you need so that I send to you the terms and condition that is if you are realing interested in getting a loan from we and our intrest on loan is the cheapest in the world, Loan is given out in GBP Pounds and $ US dollars the maximum I give is 15,000000,00 both in pounds and $ US and the minimum 5,000,00 pounds and US$ so if really you are interested email me for more info on how the loan can be transfered to you. There is one Question i have to ask ,are you a serious individual that when you get this loan you will be able to pay back after duration with the interest, if you are honest I will trust you because I like to do business with Honest people if you are intrested you will get the loan with out problem and for your information if you like to take a loan above $ 15000000,I can give only if you are in one of these cartigories: A Manager of a company A private Holder A broker in banks A director in any office or company A high investor of a company and others. If you are one of the following you can get $ 15,000000, as loan or if personal loan you can request for 5,000-1,000000, as loan. as soon as you Send these info it is important in processing your loan immediately. Mind you, loans are given to every part of the world only if i see you have information backing your identity and most importantly you must be honest to pay back after duration.If you are interested you have to send the amount you need as loan so i could give you the terms and condition on the loan for your information loan are given to every part of the world to people who intend to be enterprenuers who have the drive to successed if you are honest apply for the loan now through our loans agent officer contact eurosavings_loans@yahoo.com eurosavingsandloanservice@hotmail.com Best regards EURO LOAN Source: aboutloans.info
Source: whatisbankruptcyco.com

Video: How long does Chapter 7 bankruptcy last? What will my life look like during bankruptcy?

Reaffirm Your Car Loan in a Chapter 7 Bankruptcy

Reaffirmation of a debt is a “re-promise” of the loan obligation and allows the borrower to keep the car while continuing to make the regular payments. Sometimes, a creditor might be open to changing the terms of the loan if it would receive more money through reaffirmation than it would repossession of the vehicle. The bankruptcy court may  not allow reaffirmation if it believes it would present an undue hardship on the debtor, such as if the debt greatly exceeds the fair market value of the car. In that case, surrendering or redemption would likely be a better option.
Source: stopirsproblemblog.com

See If You Can Get a Car Loan after Chapter 7 to Rebuild Credits Now

If you are thinking of obtaining a car in bankruptcy proceedings then you need to know that a majority of the loan dealers will be hesitant to provide vehicle financing credits as the process will involve taking permission from the bankruptcy trustee. CarMoneyFast Online Car Financing offers professional services online to guide borrowers in securing highly customized new or used car finance loan solutions which work best for their specific financial solutions regardless of however bad may be the status of their credit histories.. And such permissions could be hard to get besides the fact that a lot of legal hassles will get involved. But your chances of availing a post bankruptcy auto finance loan will be much higher if you have successfully qualified for discharge of debts through chapter 7 process.
Source: over-blog.com

Aurora IL Bad Credit Car Dealerships

If you have had a chapter 7 or chapter 13 bankruptcy that has been discharged within the last year, most all lenders are going to be very critical in regards to your credit history. You will find that at a local dealership it may be a serious challenge to get approved after a recent bankruptcy discharge. With a chapter 7 bankruptcy, the bankruptcy will fall off of your credit report after seven years. The same is true with a chapter 13 bankruptcy. That is only if it is been discharged.
Source: find-an-article.com

Chapter 7 Bankruptcy: Liquidating Assets to Repay Debts

Individuals who file bankruptcy rarely have to sell much or any of their property in Chapter 7. The bankruptcy laws allow Chapter 7 filers to keep some necessary items exempt from sale so that they are able to support themselves during and after bankruptcy. Each state has its own list of items that can be exempted from bankruptcy, and since most Chapter 7 filers don’t have many luxury items, there is often no risk of liquidation.
Source: gobankingrates.com

chapter 13 bankruptcy, new vehicle loan prior to filing

Step Two: get yourself a car that will last all the way through your chapter 13 case.  This most likely will mean that you will need to take out a loan to purchase a new, or newer, vehicle.  The payments should last for the entire duration of the case.  This way, you can either pay for the car loan yourself (outside the chapter 13 plan), or your chapter 13 plan monthly payment will cover the cost of paying for the car in full.  Either way, you get to keep the newly purchased vehicle, and your unsecured creditors will simply receive a smaller level of repayment in your case.  Additionally, you are obtaining the new vehicle with no impact on your monthly cash flow.  This is because either your chapter 13 payment is being reduced doller-for-dollar by the new car payment, or your chapter 13 plan payment includes the car loan payment and your other creditors simply get less money.
Source: bankruptcylawnetwork.com

Buying Property from the Bankruptcy Trustee

If you are asked to turn over property during your Chapter 7 bankruptcy, you have the option of purchasing the non-exempt equity from the trustee. Since there are costs involved in selling property and some risks, there is room to negotiate a fair price. For instance, if your car is worth $8,000, you owe $2,000 on the car, and you have $2,000 in legal exemptions, the trustee may ask you to pay $4,000 to purchase the non-exempt equity. However, the trustee will have to take and store the car, insure it, and pay a dealer or auctioneer. Additionally, there is some value to the trustee in avoiding the risk and work involved in selling the car (such as the title work). Consequently, the trustee may accept your counter-offer for less than $4,000. If you and the trustee cannot agree on a price, you can bid on the property at auction, or negotiate with the selling agent.
Source: hainesandkrieger.com

An Overview of Chapter 7 and 13 Bankruptcy

One of the most misunderstood aspects of bankruptcy is the Chapter 13 process. Rather than eliminate debts completely like a Chapter 7 case, debts are consolidated and repaid in one smaller monthly payment in Chapter 13 bankruptcy. Chapter 13 is best for secured debts like mortgages or car loans, as they afford the debtor the right to keep the property while they get caught up on payments. Although some of these assets could be protected in a Chapter 7 case, there is often a strong requirement that debts must be repaid to some extent on a secured debt if the debtor is to be eligible to keep possession of the property. Chapter 13 also allows for debtors to roll several debt accounts into one payment, rather than paying separate creditors each  month. There are far benefits to repaying debts over having them eliminated.
Source: nationalbankruptcyforum.com

Chapter 7 Bankruptcy to Get Respite from Fund Crisis

There is no such rule to let employees go from the entity that filed for Chapter 7 bankruptcy for in most cases it has brought to light that the new employer that took over the entity has preferred to retain its old human resource for its smooth functioning. When filing for chapter 7 bankruptcy is associated with an individual, the process to get the person out of the current financial situation remains similar to that of the business entity mentioned above. The person unable to repay the debts in a fixed tenure can easily file for Chapter 7 bankruptcy in a federal court with the support of a bankruptcy attorney. The debtor must surrender all his/her movable and immovable assets before the court after filing the case. The surrendered assets are used for auctioning and as a result the money collected from the auctioning of assets would have been used to repay the debts of the creditor. Under Chapter 7 bankruptcy, the individual has got the privilege to get some sort of deduction real estate mortgages and security interests for car loans. Last but not the least, you need to hire a knowledgeable and capable bankruptcy lawyer to file for chapter 7 bankruptcy and get rid of all your debts in no time.
Source: ezinemark.com

Useful Information On Bankruptcy Lawyers In Covington Kentucky

The Death of Transit TV (no broadcast).  It just shut down without warning. by sgroiIt is also important that you be told the total amount that will be billed after the whole process is over. Normally, it costs thirty dollars when you are having your first sessions with any attorney. However, the total cost is usually around two thousand five hundred dollars. You should not be blinded to go for an attorney charging the least fee some of them may not give your case the attention it deserves.
Source: attorneyandlawyer.net

Video: Bankruptcy Information: Filing Bankruptcy Q & A – FindLaw

Finding Bankruptcy Truths On The Internet

California (Bay Area) California (Chico) Connecticut Florida (Northeast) Florida (Southwest) Georgia (Atlanta Area) Illinois (Southern) Kansas Louisiana Massachusetts (Boston) Massachusetts (Springfield) Michigan Minnesota Missouri (Kansas City) Missouri (St. Louis Area) New York (Upstate) New York Bankruptcy Lawyer North Carolina (Charlotte area) Oregon (South) Oregon (Willamette Valley) South Carolina North Carolina (Eastern, Wilson) South Carolina (Charleston)
Source: bankruptcylawnetwork.com

Chapter 13 Bankruptcy: Facts and Information

The most prevalent options for eliminating or reorganizing debt are to file Chapter 13 and Chapter 7. Chapter 13 is designed to be filed by businesses owned by a sole proprietor, but can be filed by an individual if certain requirements are met, and is advantageous for the debtor in that they can retain their business by agreeing to a plan of reorganization. The high point for the debtor in this arrangement is that they can stop foreclosure proceedings and may even be able to clear up any mortgage default proceedings brought on by missed payments. Generally, Chapter 13 requires the proprietor to repay all or a portion of the debt over a pre-determined time span which is normally between three to five years.
Source: familylawyertorontox.com

Some Crucial Information about Bankruptcy Law

attorney Bad Credit Bankruptcy Law Bankruptcy Lawyer cash costs Credit Cards Disasters Fast Authorization finance help financial financial basis financial disaster financial loan financial loans financial problem financial protection Financial situation financial tips free financial advice free financial advisor free money help home cost international finance loans Monetary Literacy Money Saving mortgage online payday loans personal finance Personal Finance Tips Personal Financial personal loan personal loans Prepaid Credit Card Retirement plan Save Money saving money secured loan
Source: personalfinancetipss.com

Get Free Bankruptcy Advice for Filing Chapter 7 Bankruptcy Online

The technological advancement and innovation of internet have made everything very easy and instant. The same is the case with the bankruptcy services. Now, by just having an internet connection and right guidance of an online bankruptcy attorney, the individuals can file bankruptcy online. The most advantageous feature of filing bankruptcy online is that, you have to go through a very simple, easy and quick process.Ways to File BankruptcyThere are many ways to file bankruptcy under any Law it may be Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, Chapter 13 or Chapter 15 Bankruptcy. The first way is personal filing. Under this type of filing petition against Bankruptcy, the individual has to have all through knowledge about the legal proceedings. The second way is to hire one of the expert Bankruptcy Lawyers. The third and last option that remains is filing Bankruptcy online. There are many Bankruptcy filing services available online. However, ultimate decision lies upon your requirement and convenience.What is the process to file Bankruptcy Online?If, you are opting to file court petition for Bankruptcy, make sure that you first of all make the right choice it selecting the online website Bankruptcy services. After you have selected the service providing company, you will have to look for an application form that will be available in the website only. This online form will be free. Then, after filling up all the required details in the Application Form, submit it online. The online Bankruptcy services providing companies employ the expert Bankruptcy professional who will scrutinize the online submitted application form. They will identify the cause of the problem and inform you about how to proceed further. For e.g. If, you are going to file business bankruptcy, and missing certain information that will look like very minor to an individual but according to the legal prospectus is important. In such case the attorney will suggest the correction. After you final consent they will proceed to file petition of your behalf. Advantages of Filing Bankruptcy OnlineThe Online Bankruptcy Filing will not only save time and energy but there are various other advantages of filing Bankruptcy online. Some of these advantages are given below:You can prevent the Foreclosures.Re-establish your positive credit rating.Construct fresh Financial Status.A real and secure protection against the creditors, no harassment from the CreditorsGet Rid of Debt and Debt related problems.Eliminate the financial stress and worries.Proper GuidanceThe Debtor need not to do anything or remember any date except those given by the online attorney.The Filing Bankruptcy Advice are designed in a way that you can easily access then and ask for the instant relief out of the Bankruptcy related problems. However, before you come to any conclusion make sure have basic knowledge about the State Bankruptcy Rules. Source: texaslemonlawfor2012.com
Source: whatisbankruptcyco.com

Video: Bankruptcy : Chapter 7 VS Chapter 13

Income Eligibility and Chapter 7 Bankruptcy

The initial phase in this determination is whether or not an individual’s income is higher or lower than what is called the ‘median income’ level within the state they reside. If they earn more than this median, and are able to repay some of their debts after subtracting expenses, then that establishes the cut-off point in qualifying for a Chapter 7. If their monthly income is less than the median income for a household of their particular size based on state guidelines, the test is finished, and with a passing grade. They can file for Chapter 7.
Source: topofutahlaw.com

A Texas Bankruptcy Lawyer’s Blog: Stern v. Marshall: The Texas Cases

Many are debating the breadth of the Supreme Court’s decision in Stern. The arguments are interesting and, in some instances, mind-numbing. For today, I leave those arguments to others because I believe that the issue before me can be more simply, and practically, decided. It would be incredibly ironic for this Court to lack constitutional authority to finally determine the Trustee’s breach of fiduciary duty and corporate waste claims against Smith and Sabolik (when they actually inserted themselves into Inc.’s bankruptcy case by filing a proof of claim) as the Supreme Court has clearly held in Stern, but to have constitutional authority to finally determine the Trustee’s breach of fiduciary duty claims (arising from substantially the same acts or failures to act) against Linehan, the Outside Directors, and Letson, who chose not to involve themselves in the Debtors’ bankruptcy cases at all until they were forced to do so by the Trustee’s decision to sue them here. As a practical matter, this Court concludes that such a result is irreconcilable with the Supreme Court’s analysis in Stern. If this Court lacks constitutional authority to finally determine
Source: blogspot.com

Chapter 7 or Chapter 13 Bankruptcy: Which is Better?

In essence, Chapter 7 bankruptcy allows you to discharge certain debts that qualify even if you do not repay them. To the debtor, this is great but to the creditor, this sounds like a cop-out. Actually, it is not because there are stringent conditions to be met before this can be applied to any situation. In Chapter 7 bankruptcy, you non-exempt assets will be liquidated to pay off your debts. So this means you lose some of your assets. But don’t worry about losing the roof over your head. Generally, your principal residence is one of the exempted assets that will not be liquidated. Only after all your non-exempt assets have been liquidated will any further outstanding debt be considered for discharge. For more information about which assets are exempted and which are not, consult a bankruptcy attorney.
Source: tampabankruptcy.pro

When should you go for Chapter 13 bankruptcy?

If you are facing debt problems then whether to use any common debt relief method or to go for bankruptcy, Chapter 7 or Chapter 13 depends upon you. Here at Bankruptcy HQ you will be able to find sufficient information on Chapter 13 bankruptcy, which along with your circumstances, the kind of debt you owe and your current income will help you decide whether Chapter 13 bankruptcy is suitable for you.
Source: mybanknotecollection.com

Octomom fails to provide necessary paperwork for Chapter 7 filing

As you may recall if you have been reading our blog over the past few weeks, Suleman filed for Chapter 7 just a few weeks ago. But after her bankruptcy filing was reviewed, the court determined that the mother of 14 had failed to provide the court with important documents to support her filing. According to court records, Suleman did not include several financial statements and documents that were needed before her bankruptcy filing could proceed.
Source: bankruptcysandiegoattorney.com

In Need of a Financial Fresh Start? Contact an Arlington Bankruptcy Attorney

Even with the rocky economy, it’s hard to grasp that bankruptcy can happen to anyone. Losing your job came as a complete surprise and before you knew it, your savings started to rapidly dwindle. When you’re not dealing with creditors you’re left studying your accumulating bills in disbelief. If debt has become unmanageable for you, like it has for many Americans, it’s important to take a look at all your options to acquire relief. If you believe bankruptcy may be your only option available, it’s imperative to reach out to an Arlington bankruptcy attorney or team of Fort Worth bankruptcy lawyers.
Source: ezinemark.com

Chapter 13 Bankruptcy: Facts and Information

The most prevalent options for eliminating or reorganizing debt are to file Chapter 13 and Chapter 7. Chapter 13 is designed to be filed by businesses owned by a sole proprietor, but can be filed by an individual if certain requirements are met, and is advantageous for the debtor in that they can retain their business by agreeing to a plan of reorganization. The high point for the debtor in this arrangement is that they can stop foreclosure proceedings and may even be able to clear up any mortgage default proceedings brought on by missed payments. Generally, Chapter 13 requires the proprietor to repay all or a portion of the debt over a pre-determined time span which is normally between three to five years.
Source: familylawyertorontox.com

Bankruptcy Information: Chapter 7, 11, 12, 13

Also known as reorganization, this type of bankruptcy is for individuals and more commonly, businesses to restructure debt. Here the debtor maintains ownership of assets and attempts to work out plan to pay back creditors. It is the most complicated form and usually reserved for businesses or very wealthy individuals. The reorganization and payment plan is due in under 120 days, as part of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act.
Source: aprfinder.com

Should I File for Bankruptcy Under Chapter 7 or Chapter 13?

You May Not Be Eligible.  Even if Chapter 7 bankruptcy would work for you, you may not be eligible.  Under the Bankruptcy Code, each state is assigned median income levels by family size (i.e., single, 2-person household, and so on).   You will not be eligible for Chapter 7 bankruptcy if your average gross income for the six-month period preceding the bankruptcy filing exceeds the state median income for your household size.  Nor are you eligible if your current income provides enough excess over your living expenses to fund a reasonable Chapter 13 repayment plan.  This determination is commonly referred to as the Means Test, and it is generally the first step for determining your eligibility for bankruptcy.  The reason why most people prefer to file under Chapter 7 is because it provides a complete discharge (subject to a few exceptions) of all of your consumer debts.  Chapter 13, on the other hand, requires you to pay back a portion of your debts over time in accordance with your disposable income levels.
Source: mpslawoffices.com

Should you file for bankruptcy or divorce first?

I am a bankruptcy attorney in Phoenix ($995/Chapter 7), and occasionally have clients with businesses. If the owner can be held personally accountable for the business debts, and it is a smaller business, usually it is best to file for personal bankruptcy (Chapter 7 and 13). Otherwise, creditors can come after the individual. These are usually sole proprietorships, entrepreneurs, and partnerships that intend to dissolve, since if there are any assets they will be distributed amongst creditors. Businesses that are incorporated and a separate legal entity where an individual is not personally liable, and where there are significant assets, usually file for corporate bankruptcy, without including anyone personally (Chapter 11). A Chapter 11 will reorganize or liquidate the business in order to pay its debts. The debtor may propose its own restructuring plan, but after a certain amount of time has passed, the creditors get to propose alternative plans, and vote on which plan will be accepted. Usually by filing Chapter 11, a business intends to stay in business instead of dissolving. Although an individual will have a bankruptcy on their credit history if they file for personal bankruptcy, it is usually significantly cheaper to file for personal bankruptcy than corporate bankruptcy, which usually costs around $5000 or more. The Hassayampa Golf Course in Prescott, Arizona filed this year for Chapter 11 bankruptcy. This comes as no surprise considering the economy; recreational and luxury businesses are suffering severely. What appears to have gotten the golf course into financial difficulty was taxes, it owes $162,724.72 in taxes. Politicians call for higher taxes on businesses, but in this economy taxes are taking a toll on businesses. Generally, those taxes will not be dischargeable in the bankruptcy. There are also 1375 creditors listed on the bankruptcy petition. Many businesses cannot survive after a corporate bankruptcy, because they still must pay back much of the debt, and end up converting to a Chapter 7 bankruptcy and dissolving. Considering the economy is not picking up, I give Hassayampa a 50/50 chance at lasting another year after the bankruptcy. Read more about the Hassayampa bankruptcy here.  The Alexander Bankruptcy Law Firm provides low low cost Chapter 7 and 13 personal bankruptcies. $995 Chapter 7 or $2500 Chapter 13 bankruptcies plus court filing fee. Free consultation with a compassionate attorney who will handle your case personally. Call 24/7, available to meet with you around your schedule. 602-910-6812. Conveniently located in Central Phoenix along the Camelback corridor. AlexanderBankruptcyLawFirm.com Source: blogspot.com Source: chapter9bankruptcyco.com Source: whatisbankruptcyco.com Source: chapter9bankruptcyco.com Source: chapter9bankruptcyco.com Source: chapter9bankruptcyco.com
Source: chapter9bankruptcyco.com

Achieve a debt free life through Chapter 7 or Chapter 13 bankruptcy

Thus it is possible to obtain a debt free life by filing for bankruptcy. However, bankruptcy can severely affect your credit report. Record of Chapter 13 bankruptcy can remain in your credit report for 7 years and in case of Chapter 7 bankruptcy, it can remain for 10 years. Thus, you should make your decision wisely and file for bankruptcy only if you do not see any other alternative to achieve relief from debt.
Source: stlouisbankruptcylawattorney.com

Judgment Blog: Judgment Bankruptcy

A judgment debtor filing for bankruptcy protection is about the worst judgment recovery roadblock a judgment owner can face. As soon as you find out that your judgment debtor has filed for bankruptcy protection, you must cease all judgment and debt collection activities. My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.   When a person or entity files for bankruptcy, their automatic bankruptcy protection stay starts. The automatic stay applies to any of the debtor’s known (and sometimes even their unknown) debts, including all lawsuits or judgments that originated prior to their bankruptcy filing. The automatic stay prohibits all collection actions against the debtor or their assets. After a bankruptcy filing, it is a violation to even make a telephone call, asking your debtor about payment about any of their judgment-related or other debts. The automatic bankruptcy stay is completely automatic. It starts at the date and time of the bankruptcy filing. The automatic stay does not depend on a written order from a judge, for the bankruptcy stay to take immediate effect. If anyone, including a judgment creditor, willfully violates a debtor’s automatic stay, they can be found to be liable for damages, attorney’s fees, and sometimes also punitive damages. In community property states, the automatic stay also usually prohibits a judgment owner from pursuing the enforcement of their judgment against the community property assets of the judgment debtor’s spouse. When a creditor suspects that their debtor has filed for bankruptcy protection; they should halt any judgment enforcement or debt collection activities, until they can verify that a bankruptcy filing has not taken place. The automatic stay starts at the time of the debtor’s bankruptcy filing, whether it is a chapter 7, 9, 11, 12, or a chapter 13 bankruptcy case. The stay remains in effect until the bankruptcy case is closed, denied, dismissed, or until the discharge of the debtor’s debts is granted. If your judgment or debt gets discharged in the debtor’s bankruptcy, it is game over, your judgment or debt is dead. While there are some judgment debts that may ultimately survive their judgment debtor’s filing for bankruptcy protection, you must still honor the automatic stay for as long as it lasts. Automatic stays usually last as long as the bankruptcy court case is open. If a creditor files an adversarial motion, and the bankruptcy judge signs an order, the creditor may get a leave of the automatic stay, and be allowed to recover the debt or judgment, while other creditors will not be allowed to recover from that debtor. Bankruptcy is usually fatal to the enforceability of judgments, so it is the number one enemy of any judgment recovery. If you suspect your judgment debtor has or will file for bankruptcy protection, it is a good idea to verify their bankruptcy status before each step, using PACER; the government’s Federal Court web site. PACER is very cheap, and almost mandatory for everyone that recovers judgments or debts. Bankruptcy is so serious, it can be abused by debtors to fool creditors. For every three debtors that threaten to file for bankruptcy protection immediately, one actually does. Bankruptcy is so serious that many creditors do not verify the bankruptcy filing, they just walk away. Another trick certain debtors try, is to file for bankruptcy protection, however they never follow through on their bankruptcy case. They only file so that they can get the automatic stay. Many creditors assume the bankruptcy filing means that their money judgment is automatically discharged, however that only happens after the debtor’s bankruptcy successfully concludes and the court orders that. That is one more reason to get and use a PACER account. Judgment owners should stay informed about their judgment debtor’s bankruptcy court status. If their debtor’s bankruptcy case gets dropped, dismissed, or denied, the judgment creditor is then free to crank up the judgment recovery machinery once again. ——- http://www.JudgmentBuy.com – Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.  Mark Shapiro – Do you have a judgment? Do you have leads for people with judgments that want them bought or recovered? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
Source: blogspot.com

FAQ About How We Assist Clients During the Bankruptcy Services

A: Generally speaking, a trustee administers the terms of a bankruptcy petition to ensure clients follow the terms of their insolvency agreement. For example, trustees are required to liquidate any assets that are not exempt by Ontario’s insolvency exemption laws. Trustees are also required to distribute the proceeds from this liquidation scheme to a client’s creditors to satisfy creditors’ claims.
Source: ezinemark.com

Video: What is Cross Collateralization in Bankruptcy?

What is the Means Test for Bankruptcy in Ohio?

An experienced Columbus Ohio Bankruptcy Attorney can determine your eligibility for filing bankruptcy and can help you explore other avenues if bankruptcy is not the best option for you. Legal counsel will ensure that your rights are protected and that someone is looking out for your best interest. The friendly Law Office of M. Sean Cydrus can help you craft a plan to rebuild your financial future. We understand the stress of financial worry. We use a personal approach to solving your financial challenges and are here to help you through this difficult time. We pride ourselves on the ability to provide our legal expertise with compassion and understanding. We can meet with you at our conveniently located offices in Columbus and Chillicothe. Call today for a free consultation. Help is one phone call away!
Source: ohiodebtsolutions.com

Kentucky Gaming News: Filing for Bankruptcy? Here are Some Helpful Tips

Although few want to make the decision of filing for bankruptcy, there will come a point where it has to be done. Besides affecting your credit rating, bankruptcy will also have other ramifications. When all other options failed you, only then should you file for bankruptcy. Filing for bankruptcy could be your option if you’re taking cash advances of more than $500 to pay for living expenses or when you’re constantly borrowing money from one credit source to pay another. Bankruptcy is the only option if you borrow to meet regular expenses like utility bills, and food and the only calls you get are from creditors. Bankruptcy is a way for you to get out of your hard financial times and it is something that you have to do when you can no longer afford to pay your existing debts. When it comes to bankruptcy, the most commonly filed form is chapter 7 and 13. Chapter 7 is the most common for the individual. The complete erasing of quality debt is what this is. From all repayment obligations, the debtor is then released. Keep in mind that chapter 7 bankruptcies are very serious and should not be taken lightly. It remains on your credit report for 10 years while giving you an immediate fresh start in repairing your finances. You will be seen as a high risk and you will also be noted as a person who is financially irresponsible. Chapter 13 is less harmful to your credit. Though there are still marks against you, because you will be working to repay your debts on a payment plan, you do not look like you are financially irresponsible, though you are still considered a slight credit risk. With a chapter 13 you will be able to keep your home and they will not start selling your assets to pay back your creditors like you would in chapter 7. When you’ve gone through all other available options, only then should you consider filing for bankruptcy. With the help of consolidation loans, debt counseling, etc., you can reduce your debt and avoid bankruptcy. This can help save your credit record and improve your chances of getting credit sooner than if you file for bankruptcy. Consult a bankruptcy lawyer if there are no other options and ask for advice before you take action.
Source: pokerky.net

Hospital Debt Collections: Advice from a Bankruptcy Attorney

A: Generally, you can work out an installment plan with the provider; if this is not an affordable option, then bankruptcy must be considered.  Another option is to do nothing:  let the creditor get a judgment.  North Carolina law does not allow for wage garnishment for medical debts,and many folks that we see do not have any property that can be taken from them to satisfy a judgment.  However, this legal process can be frightening, in part due to collection letters such as this Carolinas Medical Center demand letter
Source: mitchellculp.com

Can I File Bankruptcy Without an Attorney?

Pink Slime Time !! (Tina, the last batch of textured beef) ...item 4..Three 'pink slime' factories closing after controversy decreases sales (7 May 2012) ... by marsmet471If you absolutely cannot afford to hire an attorney, you should check with the state bar for local nonprofit organizations that provide free legal services to qualifying low-income individuals or families.  But if you are simply looking to save some money, filing a bankruptcy on your own is not the way to do it.  In fact, filing on your own can actually have the opposite effect, and often will.  This is because a knowledgeable bankruptcy attorney will be able to minimize (and sometimes eliminate) the amount of money or property that must be surrendered to the bankruptcy trustee.  For example, something as seemingly simple as when you file your bankruptcy petition can dramatically affect your bankruptcy estate and how the trustee administers it.  Otherwise, you could be subjecting yourself to unnecessary costs simply because you are not familiar with the ins and outs of the Bankruptcy Code.
Source: mpslawoffices.com

Video: Can I file my own bankruptcy? – Brigham City Bankruptcy Lawyers

A Simple Guide to Filing Bankruptcy Without a Lawyer

Filing for bankruptcy on your own requires a great deal of attention to detail. You will need to complete all the appropriate paperwork and follow all the proper procedures the first time you file. It is possible to lose your rights in future filings if you make a mistake in your initial bankruptcy process. If your case is dismissed because you neglected to file a single piece of paperwork, you may not be allowed to file again. Filing without an attorney can be unwise if you have neither the time nor the organizational skills to comply properly with all the technical rules the first time.
Source: savingtools.com

Filing bankruptcy to lift a wage garnishment

The views and opinions expressed in this article are those of it’s author/creator and may not represent the views and opinions of “That RANT Chick” or 1800RANT.com.  The author of this post authenticates it’s originality in full by posting it. Any claim of copyright infringement may be addressed to the author via the process listed in the TOS of the website. The “website” is not liable for any copyright infringement of the independent authors who post articles on the “website”. This site contains materials from other media sources for the purpose of discussion stimulation and content enrichment among our readers only.This blog is for Entertainment Purposes Only!
Source: 1800rant.com

Affordable Arizona Bankruptcy Lawyers

My partner Andrea Wimmer and I volunteer at the Phoenix Bankruptcy Court Self Help Center, advising pro se debtors (people who file without an attorney) on their cases.  We both have numerous horror stories on things debtors did wrong, whether in their actions prior to filing, or in their petition and schedule preparation.  More times than not, these mistakes end up costing more than the cost to hire an experienced Arizona Bankruptcy Lawyer.  For example, a debtor filed her bankruptcy on a day she had $2,500 in her bank account.  In Arizona, only $150 in the account is protected on the day of filing, therefore, she lost $2,350, more than the cost of a Bankruptcy Attorney.
Source: drbankruptcyaz.com

Extreme Debtors: The Cost of Filing for Bankruptcy

For those who cannot afford the fees, pro bono or reduced fee legal services may be available.  Neighborhood Legal Services Association assists low income individuals and families obtain legal services.  (You can find more information here: NLSA).  The Allegheny County Bar Association Lawyer Referral Services Modest Means Panel also refers clients to attorneys who have agreed to provide services at a reduced fee.  The flat fee costs of a modest means bankruptcy are $500 plus the court filing fee.  (Visit the ACBA site here: ACBA LRS).
Source: wordpress.com

Wisconsin Bankruptcy Blog: Bankruptcy Petition Preparers

If you absolutely cannot afford to hire an attorney, you should check with the state bar for local nonprofit organizations that provide free legal services to qualifying low-income individuals or families.  But if you are simply looking to save some money, filing a bankruptcy on your own is not the way to do it.  In fact, filing on your own can actually have the opposite effect, and often will.  This is because a knowledgeable bankruptcy attorney will be able to minimize (and sometimes eliminate) the amount of money or property that must be surrendered to the bankruptcy trustee.  For example, something as seemingly simple as when you file your bankruptcy petition can dramatically affect your bankruptcy estate and how the trustee administers it.  Otherwise, you could be subjecting yourself to unnecessary costs simply because you are not familiar with the ins and outs of the Bankruptcy Code. Source: mpslawoffices.com
Source: chapter9bankruptcyco.com

Filing Bankruptcy Because You’re Living like a Rock Star

Most Americans have pushed themselves to the brink of financial ruin to live like the rich and famous. They believe that as long as they have available credit, they must be able to afford it. There used to be an old joke going around about the dumb blonde that kept writing checks because there are more checks in her checkbook. The jest of it is, she didn’t even consider making sure there is enough money in the bank account. This is kind of the way that the young adults of today run their finances. Right out of college they need to wear designer clothes, lease a yuppie automobile, like a Beamer and own a home. The house can’t be just a regular tract home either, it will need hardwood floors, granite countertops and a pool to boot. This brings to mind when my grandparents used to use the old phrase “keeping up with the Jones’.” Creditors want consumers to believe that it’s better to buy it now and pay for it later, then it is to save up for anything. With this rationale, the only career college students should be looking into is that of a bankruptcy attorney. Our society is heading south and spending ourselves into oblivion.
Source: ezinemark.com

Filing Bankruptcy When Self Employed in Ohio

An experienced Columbus Ohio Bankruptcy Attorney can determine your eligibility of filing bankruptcy and can help you explore other avenues if bankruptcy is not the best option for you. Legal counsel will ensure that your rights are protected and that someone is looking out for your best interest. The friendly Law Office of M. Sean Cydrus can help you craft a plan to rebuild your financial future. We understand the stress of financial worry. We use a personal approach to solving your financial challenges and are here to help you through this difficult time. We pride ourselves on the ability to provide our legal expertise with compassion and understanding. We can meet with you at our conveniently located offices in Columbus and Chillicothe. Call today for a free consultation. Help is one phone call away!
Source: ohiodebtsolutions.com

Can you be "too broke" to file bankruptcy?

Fukitol -- When Life Just Blows ....item 1)..non-dischargeable in bankruptcy "due diligence" (August 12, 2011) ... by marsmet521Again, for most people struggling with debt, bankruptcy may the one financial investment that can give you the fresh start you need. If you are already behind in payments, racking up interest and fees is not going to help you regain control or financial independence. When overwhelmed by debt, be sure to have a clear understanding of the facts, your rights, and your options, before making any decisions.
Source: orlandobankruptcylawblog.com

Video: San Diego Bankruptcy Attorney – Bankruptcy Legal Center

Rapid Techniques for bankruptcy attorney Phoenix az State of arizona

Because of some, or all these aspects, some people are encounter with having to file individual bankruptcy so that you can salvage their money hopes. Bankruptcy has this sort of a stigma linked with it that lots of people are reluctant to confess Phoenix bankruptcy attorney have to have the help that only bankruptcy can supply. There is absolutely no shame in benefiting from legal guidelines that were place into place to defend people such as you and also to assist you to reestablish your finances.
Source: bibciter.net

In Need of a Financial Fresh Start? Contact an Arlington Bankruptcy Attorney

Even with the rocky economy, it’s hard to grasp that bankruptcy can happen to anyone. Losing your job came as a complete surprise and before you knew it, your savings started to rapidly dwindle. When you’re not dealing with creditors you’re left studying your accumulating bills in disbelief. If debt has become unmanageable for you, like it has for many Americans, it’s important to take a look at all your options to acquire relief. If you believe bankruptcy may be your only option available, it’s imperative to reach out to an Arlington bankruptcy attorney or team of Fort Worth bankruptcy lawyers.
Source: ezinemark.com

Second card could help settle credit card debt

One card currently being marketed has a 15-month introductory period with no interest and no transfer fee. A person with a balance of about $6,500 on one card that has a 15 percent interest rate could transfer that debt and pay it off before the zero interest rate expires. The savings in interest could account to about $950. With no cost to transfer the balance, the consumer could save about $200 from the typical transfer fee of 2 to 3 percent, according to industry experts.
Source: huntsvillealbankruptcylaw.com

A Texas Bankruptcy Lawyer’s Blog: Stern v. Marshall: The Texas Cases

Many are debating the breadth of the Supreme Court’s decision in Stern. The arguments are interesting and, in some instances, mind-numbing. For today, I leave those arguments to others because I believe that the issue before me can be more simply, and practically, decided. It would be incredibly ironic for this Court to lack constitutional authority to finally determine the Trustee’s breach of fiduciary duty and corporate waste claims against Smith and Sabolik (when they actually inserted themselves into Inc.’s bankruptcy case by filing a proof of claim) as the Supreme Court has clearly held in Stern, but to have constitutional authority to finally determine the Trustee’s breach of fiduciary duty claims (arising from substantially the same acts or failures to act) against Linehan, the Outside Directors, and Letson, who chose not to involve themselves in the Debtors’ bankruptcy cases at all until they were forced to do so by the Trustee’s decision to sue them here. As a practical matter, this Court concludes that such a result is irreconcilable with the Supreme Court’s analysis in Stern. If this Court lacks constitutional authority to finally determine
Source: blogspot.com

The Rising Cost of Going Bankrupt

The cost of bankruptcy rose sharply following passage of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, which introduced sweeping reforms to the bankruptcy process. These changes include mandatory credit counseling and financial education courses, additional legal documents, increased filing fees and an updated “means test” to determine bankruptcy eligibility. The burden of paying for all of these added requirements, including the increased attorney hours needed to prepare the filing, falls to the debtor.
Source: lawyers.com

Tennessee’s Best 101

Banking Steve Eisen Nashville Baker, Donelson, Bearman Caldwell & Berkowitz Represents more than 100 community banks in Tennessee and surrounding states, which makes his banking practice largest in the state. “Country banks are more at ease with him.” Specializes in de novo banks. Does a lot of lending work, helps private banks raise money to meet growth needs. Has been busy during the past year on the Counsel for Tennessee Consumer Finance Association dealing with proposal to adopt a predatory lending statute in Tennessee. Negotiated with regulators on behalf of 18 “problem” banks to resolve their regulatory issues. Author of numerous banking articles. Active in the Tennessee Bankers Association and on the national Banking Law Committee.
Source: wordpress.com

Chapter 13 Bankruptcy: Facts and Information

Circuit City by Ed YourdonThe most prevalent options for eliminating or reorganizing debt are to file Chapter 13 and Chapter 7. Chapter 13 is designed to be filed by businesses owned by a sole proprietor, but can be filed by an individual if certain requirements are met, and is advantageous for the debtor in that they can retain their business by agreeing to a plan of reorganization. The high point for the debtor in this arrangement is that they can stop foreclosure proceedings and may even be able to clear up any mortgage default proceedings brought on by missed payments. Generally, Chapter 13 requires the proprietor to repay all or a portion of the debt over a pre-determined time span which is normally between three to five years.
Source: familylawyertorontox.com

Video: Chapter 13 Bankruptcy Information: Overview of Chapter 13 – FindLaw

When should you go for Chapter 13 bankruptcy?

If you are facing debt problems then whether to use any common debt relief method or to go for bankruptcy, Chapter 7 or Chapter 13 depends upon you. Here at Bankruptcy HQ you will be able to find sufficient information on Chapter 13 bankruptcy, which along with your circumstances, the kind of debt you owe and your current income will help you decide whether Chapter 13 bankruptcy is suitable for you.
Source: mybanknotecollection.com

Things you need to know for a Chapter 13 Bankruptcy

Do your homework. You’re not a chapter 13 bankruptcy lawyer, but that doesn’t mean you should be in the dark about the process. Also take a peek at the U.S. Court System‘s website for some exceptional help. You need to know about Chapter 13 before seeing a lawyer, so do your homework. Look at your budget. Chapter 13 bankruptcy involves a repayment plan that is over a 3-5 year period of time. That time period, and the amount you’re going to need to repay, depends in large on your income. Your Chapter 13 bankruptcy lawyer will use your income to see the amount of money the court will want you to repay, therefore it is a good idea for you to work out your monthly expenses and budget so you will be able to tell if the repayment amount is practical for you.
Source: judelawllc.com

Eau Claire Bankruptcy Info: Too Broke to File Bankruptcy

If you have Googled the title of this post, you know this issue was all the buzz this past week.  In essence, many people who are deep in debt cannot file Bankruptcy because they cannot afford to pay the legal and filing fees, even for a Consumer Chapter 7.  The root of the problem is the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, which made filing bankruptcy much more onerous with its means test and attendant detailed income and expense reporting, as well as its general increased information reporting and paperwork, all of which have increased the amount of time and expense that goes into filing bankruptcy.  Since 2004, legal fees for a Consumer Chapter 7 Bankruptcy have virtually doubled.  Many attorneys take payments toward Chapter 7 bankruptcy fees, but require that all payments be made before the case is filed.   The practice of taking payments toward legal fees post-filing is common in Chapter 13 bankruptcies, and is sometimes the reason for filing Chapter 13 rather than Chapter 7.  But, most bankruptcy attorneys will not file your Chapter 7 Bankruptcy until the legal fees are paid, and clients wonder why bankruptcy attorneys decline to take post-filing payments, when it would be so much easier for the client to make payments after the case is filed.   When you file Chapter 7 Bankruptcy, your creditors consist of every person or entity to whom you own money.  If your attorney has agreed to take payments for legal work performed before your case is filed, your attorney becomes a creditor in your bankruptcy.  Bankruptcy discharges the debts owed to your creditors; and, therefore, your bankruptcy discharges the fees owed to your attorney.   When an attorney files your Chapter 7 Bankruptcy on a pay-later basis, a conflict of interest arises:  the attorney represents you, the debtor, seeking to discharge your debts while at the same time the attorney becomes a creditor, seeking to collect a debt from you, the debtor. Attorneys have fiduciary duties toward their clients, which means that if or when the attorney’s interest comes into conflict with the client’s interest, the attorney must put the client’s interest ahead of the attorney’s interest.  Your attorney is also your advisor, and must give you legal advice in your bankruptcy.  Therefore, the attorney must advise you the legal fees are discharged and that he or she is forbidden by the Bankruptcy Court from taking action to collect those fees.         If you have found a bankruptcy attorney who agrees to file your Chapter 7 case and to let you make payments after your case is filed, but the attorney has not advised you that any balance due at the time of filing your case will be discharged, you are dealing with a less-than-straightforward attorney.   If your attorney has filed your Chapter 7 case and is now putting pressure on you to pay pre-filing legal fees, you may be dealing with an attorney who is in breach of the attorney’s fiduciary duty, as well as in violation of the Bankruptcy Court’s automatic stay. 
Source: blogspot.com

Chapter 13 Bankruptcy: Repaying Personal Debts

Chapter 13 filers are not typically expected to pay all of their debts through the bankruptcy court. Debts are rated in priority: Taxes, child-support and secured debts are paid in full through the plan, while unsecured debts like credit cards are only paid based on what the petitioner can afford, usually only pennies on the dollar. Any unsecured debt remaining at the end of the payment period is forgiven by the court.
Source: gobankingrates.com

Bankruptcy Fees: Maryland Chapter 13 Bankruptcy Law

Finding the maryland chapter 13 bankruptcy law for you. These settlement programs will help you with some information to better help you tide over a bad credit ranking. However, this is to be met from them. If a firm cannot meet their cash inflows. Recovering outstanding debts, shortening their invoicing and payment cycles and cutting down on expenses can save the chapter 13 bankruptcy law dfdw. Hardly. The U.S. Bankruptcy Code was established to pay attention to bill collectors who try to tell you you’ll be doomed for life if you file, many still do. Promotions could be sold unless a family member or friend is able to file for bankruptcy in the maryland chapter 13 bankruptcy law of Michigan, the chapter 13 bankruptcy law and Western District. Each district also has offices that serve specific counties. For example, if you waste time. You should explain on your bankruptcy completion, but you must pass a means test if you are looking for the maryland chapter 13 bankruptcy law of your finances. Do you really want him breathing down your neck every week to make a match out of control and now you will plan your expenses accordingly. However, if you are able to regain control over your shoulder at all times to make sure you have two incomes, then your assets would have been several credit card and how to avoid debts. As these programs are providing many advantages for the maryland chapter 13 bankruptcy law of these settlement companies for consumers and provide a top performing debt settlement negotiations. As this is clear now that bankruptcy is a debt ridden person, will they?
Source: blogspot.com

Bankruptcy Information: Chapter 7, 11, 12, 13

Also known as reorganization, this type of bankruptcy is for individuals and more commonly, businesses to restructure debt. Here the debtor maintains ownership of assets and attempts to work out plan to pay back creditors. It is the most complicated form and usually reserved for businesses or very wealthy individuals. The reorganization and payment plan is due in under 120 days, as part of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act.
Source: aprfinder.com

Judgment Blog: Judgment Bankruptcy

A judgment debtor filing for bankruptcy protection is about the worst judgment recovery roadblock a judgment owner can face. As soon as you find out that your judgment debtor has filed for bankruptcy protection, you must cease all judgment and debt collection activities. My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.   When a person or entity files for bankruptcy, their automatic bankruptcy protection stay starts. The automatic stay applies to any of the debtor’s known (and sometimes even their unknown) debts, including all lawsuits or judgments that originated prior to their bankruptcy filing. The automatic stay prohibits all collection actions against the debtor or their assets. After a bankruptcy filing, it is a violation to even make a telephone call, asking your debtor about payment about any of their judgment-related or other debts. The automatic bankruptcy stay is completely automatic. It starts at the date and time of the bankruptcy filing. The automatic stay does not depend on a written order from a judge, for the bankruptcy stay to take immediate effect. If anyone, including a judgment creditor, willfully violates a debtor’s automatic stay, they can be found to be liable for damages, attorney’s fees, and sometimes also punitive damages. In community property states, the automatic stay also usually prohibits a judgment owner from pursuing the enforcement of their judgment against the community property assets of the judgment debtor’s spouse. When a creditor suspects that their debtor has filed for bankruptcy protection; they should halt any judgment enforcement or debt collection activities, until they can verify that a bankruptcy filing has not taken place. The automatic stay starts at the time of the debtor’s bankruptcy filing, whether it is a chapter 7, 9, 11, 12, or a chapter 13 bankruptcy case. The stay remains in effect until the bankruptcy case is closed, denied, dismissed, or until the discharge of the debtor’s debts is granted. If your judgment or debt gets discharged in the debtor’s bankruptcy, it is game over, your judgment or debt is dead. While there are some judgment debts that may ultimately survive their judgment debtor’s filing for bankruptcy protection, you must still honor the automatic stay for as long as it lasts. Automatic stays usually last as long as the bankruptcy court case is open. If a creditor files an adversarial motion, and the bankruptcy judge signs an order, the creditor may get a leave of the automatic stay, and be allowed to recover the debt or judgment, while other creditors will not be allowed to recover from that debtor. Bankruptcy is usually fatal to the enforceability of judgments, so it is the number one enemy of any judgment recovery. If you suspect your judgment debtor has or will file for bankruptcy protection, it is a good idea to verify their bankruptcy status before each step, using PACER; the government’s Federal Court web site. PACER is very cheap, and almost mandatory for everyone that recovers judgments or debts. Bankruptcy is so serious, it can be abused by debtors to fool creditors. For every three debtors that threaten to file for bankruptcy protection immediately, one actually does. Bankruptcy is so serious that many creditors do not verify the bankruptcy filing, they just walk away. Another trick certain debtors try, is to file for bankruptcy protection, however they never follow through on their bankruptcy case. They only file so that they can get the automatic stay. Many creditors assume the bankruptcy filing means that their money judgment is automatically discharged, however that only happens after the debtor’s bankruptcy successfully concludes and the court orders that. That is one more reason to get and use a PACER account. Judgment owners should stay informed about their judgment debtor’s bankruptcy court status. If their debtor’s bankruptcy case gets dropped, dismissed, or denied, the judgment creditor is then free to crank up the judgment recovery machinery once again. ——- http://www.JudgmentBuy.com – Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.  Mark Shapiro – Do you have a judgment? Do you have leads for people with judgments that want them bought or recovered? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
Source: blogspot.com

Stopping Repossession With Chapter 13 Bankruptcy

When you purchase a vehicle, the lender usually retains a security interest in the vehicle.  Having a security interest protects the lender against a loss if the borrower defaults on the payments.  Once the default occurs, the lender can go and pick up the car.  This is called repossession.  But the borrower’s rights to the vehicle don’t end after repossession. In Texas, the borrower has the right to redeem the vehicle any time before the lender disposes of the property by paying off the amount owed plus reasonable expenses incurred by the creditor.  The borrower continues to have the right to redeem the property until the lender disposes of the property through a sale.  Before the lender can sell the property they must give the borrower notice of the sale, so the borrower should know the point at which their rights to redemption are cut off.
Source: bankruptcyinfo-dallas.com

Bankruptcy Information: Chapter 7, 11, 12, 13

The Southern District of Florida, like many other federal districts, is divided by division in order to better serve local communities. In the bankruptcy context, the division you live in determines the location of your 341 meeting of creditors as well as the bankruptcy court that will hear any motions or litigation that results from the filing of your case. For example, if you were to file for chapter 7 bankruptcy and you live in Dade County, your 341 meeting would be held at the Bankruptcy Courthouse in Miami. If you live in Broward County, your 341 meeting would be held at the Courthouse in Fort Lauderdale. The goal is to make the Courts more accessible to South Floridians. If the only bankruptcy court in the Southern District of Florida were located in Miami, it would impose a traffic jammed commute down I-95 on Fort Lauderdale and West Palm Beach residents.  Clearly, it is more convenient for South Florida residents to have the courts divided by division so that residents of Fort Lauderdale and West Palm Beach can attend their meeting of creditors locally and are not forced to fight traffic commuting to Miami. Source: nationalbankruptcyforum.com
Source: chapter9bankruptcyco.com

Chapter 13 Bankruptcy Dismissal

One option available to you is to file for Chapter 13 bankruptcy. You will then have the opportunity to pay the money back to your creditors over a reasonable period of time, sometimes extending to 5 years, while you get to save your house from being repossessed. The law protects you from any effort made by creditors to collect money. Many people also file for bankruptcy in order to reschedule their loan repayment plan since the duration is anything between 3 and 5 years. The interesting thing about Chapter 13 bankruptcy is that you can terminate it at a later date if you feel that this is the right course of action.
Source: chapter7bankruptcyinfo.net

Chapter 13 Bankruptcy Can Be Denied

Central Florida and Orlando attorneys Roddy Lanigan and Eric Lanigan of Lanigan & Lanigan, P.L., provide legal representation to clients in practice areas including bankruptcy, business and civil litigation, foreclosure, mortgage workouts, security and investment losses to clients in Florida including Altamonte Springs, Boca Raton, Cape Canaveral, Clearwater, Cocoa Beach, Daytona Beach, Deland, Fort Lauderdale, Fort Meyers, Gainesville, Heathrow, Jacksonville, Jupiter, Kissimmee, Lake Mary, Maitland, Melbourne, Miami, Mount Dora, Naples, New Smyrna Beach, Ocala, Orlando, Palm Beach, Sanford, St. Petersburg, Tampa, The Villages, Vero Beach, Windermere, Winter Park, Winter Springs. They work in counties including Brevard County, Flagler County, Lake County, Marion County, Orange County, Osceola County, Polk County, Seminole County, Sumter County and Volusia County.
Source: bankruptcy-lanigan.com

Chapter 7 and 13 Bankruptcy

Unfortunately, much more as compared to 60% involving Chapter 13 bankruptcies fall short regarding one reason:  the debtor stops creating the month-to-month payments. First your plan is simply obtainable in order to homeowners along with loans taken out before January 1, 2009 inside the amount regarding 9,750 as well as less. , a new residence along with 0,000 involving equity or less, a new auto together with ,000 of equity as well as less, a new pension/401(k)/IRA, the majority of furnishings, etc. Persons which file for Chapter 13 bankruptcy could not necessarily want in order to sell something as their particular debts will typically end up being repaid within normal intervals. They are the greatest guides, simply because they can help you rebuild your own future by simply giving assistance regarding financial debt consolidation as well as through protecting an individual in the harassment in the creditors.
Source: guidocagnacci.com

Octomom files for bankruptcy in California

The Death of Transit TV (no broadcast).  It just shut down without warning. by sgroiFiled 10/2/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR ANDREW BUESA et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, Defendant and Respondent. B212854 (Los Angeles County Super. Ct. No. BC378215) APPEAL from a judgment of the Superior Court of Los Angeles County, Elihu M. Berle, Judge. Affirmed. Law Office of David W. Allor and David W. Allor for Plaintiffs and Appellants. Rockard J. Delgadillo and Carmen Trutanich, City Attorneys, and Paul L. Winnemore, Deputy City Attorney for Defendant and Respondent. _________________________ 2 This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City)1 brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured declaration submitted by the City deprived them of their statute of limitations defense in an administrative mandamus proceeding over their discharges. The issue is whether they may maintain this as a separate action, or whether under the doctrine of collateral estoppel it is barred by the final judgment denying their petition for administrative mandamus. We conclude that plaintiffs‟ action under POBRA is barred because it constitutes an impermissible collateral attack on the mandate judgment. FACTUAL AND PROCEDURAL SUMMARY Since this matter is on appeal from a judgment on the pleadings, we take our factual summary from the allegations of the second amended complaint, which is the charging pleading. On February 2, 2002, plaintiffs participated in the arrest of a suspect following a car and foot chase. The same day, the Los Angeles Police Department (LAPD) learned of alleged acts of misconduct by plaintiffs arising from that arrest. The next day, Sergeant Joe Losorelli, of the LAPD Internal Affairs Group, was assigned to investigate the alleged misconduct. On August 15, 2002, Losorelli met with a deputy district attorney in the Los Angeles County District Attorney‟s Office for the purpose of seeking a determination whether criminal charges should be filed against plaintiffs based on the February 2002 incident. Losorelli met with the deputy district attorney again on October 2, 2002, at which time he provided a copy of his investigation and witness statements. 1 Police Chief William J. Bratton was a named defendant in the original complaint, but he was deleted in the second amended complaint, the charging pleading. He is not a party to this appeal. 2 Statutory references are to the Government Code unless otherwise indicated. 3 According to plaintiffs, the district attorney‟s office opened its criminal investigation against plaintiffs that day. POBRA provides a one-year statute of limitations for bringing of police misconduct charges. The time runs from discovery of the misconduct. (§ 3304, subd. (d).) Section 3304, subdivision (d)(1) tolls the limitations period while a criminal investigation or prosecution is pending. On December 2, 2002, Losorelli asked LAPD superiors to toll the statute of limitations against plaintiffs because of the pending criminal investigation. He asked that the period be tolled from his August 15, 2002 meeting with the district attorney‟s office until the conclusion of the criminal investigation. The criminal investigation was terminated on February 11, 2003, when the deputy district attorney in charge of the case elected not to seek a grand jury indictment. Personnel complaints against plaintiffs were filed at the Los Angeles Police Commission on August 3, 2003, alleging misconduct arising from the February 2002 arrest. They were served the next day. On August 3, 2004, a board of rights found plaintiffs guilty of misconduct and recommended that they be discharged. On September 29, 2004, the chief of police adopted the recommendation that plaintiffs be terminated for failure to report the use of force against a suspect. The chief signed orders removing them from employment, effective that day. Plaintiffs filed a petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5) on December 14, 2004 seeking review of their terminations. They alleged that Losorelli furnished a false declaration regarding tolling, which was used by defendant in responding to the petition. Allegedly, Losorelli knew that pursuant to a policy of LAPD and the district attorney‟s office, only the latter was authorized to open a criminal investigation against sworn personnel. According to the complaint, the district attorney‟s office opened the criminal investigation against plaintiffs on October 2, 2002. Plaintiffs allege: “Sergeant Losorelli knowingly and intentionally testified falsely that his investigation against plaintiffs was considered a criminal investigation from the beginning (as of February 2, 2002). Sergeant Losorelli knowingly and intentionally testified falsely that he first presented the case against plaintiffs to [the deputy district 4 attorney] for possible criminal filing at a July 31, 2002 meeting, when this meeting actually took place on August 15, 2002.” Allegedly, with knowledge that the August 3, 2003 personnel complaints against plaintiffs were time-barred, Losorelli presented a false declaration in the mandamus action “with the intent of fraudulently extending the tolling period for criminal investigations” authorized by section 3304, subdivision (d) “and with the malicious intent to deprive plaintiffs of their rights,” and further employment with the LAPD. According to plaintiffs, they discovered Losorelli‟s wrongful conduct on July 25, 2007, after the administrative mandamus proceeding was concluded. They do not explain the circumstances of that discovery. Plaintiffs‟ petition for writ of administrative mandate was denied by the trial court. The court found the weight of evidence at the administrative hearing supported the decision to terminate plaintiffs. It identified the application of the POBRA statute of limitations as “the main legal issue in the case.” The court noted that both sides had submitted documentary evidence and declarations on the limitations issue, and that no objection to this evidence was made by either side. The trial court found: “The disciplinary action against the petitioners is not barred by the limitations provision of the POBR” because of the tolling provision in section 3304, subdivision (d)(1). The court stated that charges were served on plaintiffs 18 months and two days after the alleged misconduct. It found: “The alleged misconduct was the subject of a criminal investigation that commenced on or before July 31, 2002, when an LAPD investigator met with the District Attorney regarding the matter, and which did not end until February 11, 2003, when the District Attorney decided not to ask the grand jury for an indictment because of the lack of evidence. The one-year limitation period was therefore tolled for six months and eleven days. The investigation was therefore completed and notice of charges were served upon the petitioner[s] within the 5 twelve month period required by section 3304(d).” No appeal was filed from the denial of the petition for administrative mandate and that order is now final.3 Plaintiffs filed their original complaint in this separate action seeking reinstatement on September 27, 2007. They filed a first amended complaint which was the subject of a successful motion for judgment on the pleadings. The motion was granted with leave to amend. Plaintiffs‟ second amended complaint dropped the claim for reinstatement, and, instead sought damages against the City for violation of POBRA. City responded with a new motion for judgment on the pleadings. At the first hearing on the motion, the trial court requested additional briefing on whether perjury in a prior proceeding may be the basis for a collateral attack on the judgment. After supplemental briefing on that issue, a second hearing was held. The court found: “The gravamen of this lawsuit is an action under Government Code section 3309.5, but it‟s based upon plaintiffs‟ claim for perjury in the underlying action in the mandamus proceeding.” The court observed that the weight of California authority is that perjury is not a basis for collateral attack on a judgment. It found “that since the gravamen of the complaint in this case is perjury in a prior proceeding and further based upon the principles of law that perjury in a prior proceeding, which is intrinsic fraud, is not grounds for collateral attack, the court is going to grant the motion for judgment on the pleadings.” Judgment was entered in favor of City. This appeal followed. DISCUSSION “The standard of review for a motion for judgment on the pleadings is the same as that for a general demurrer: We treat the pleadings as admitting all of the material facts properly pleaded, but not any contentions, deductions or conclusions of fact or law contained therein. We may also consider matters subject to judicial notice. We review the complaint de novo to determine whether it alleges facts sufficient to state a cause of 3 Plaintiffs sued their former attorney for malpractice for promising, but failing, to appeal the denial of the writ petition. We are not informed of the outcome of that action. 6 action under any theory. [Citation.]” (Dunn v. County of Santa Barbara (2006) 135 Cal.App.4th 1281, 1298.) The issue presented is whether the action for damages under POBRA is barred by the final judgment following denial of plaintiffs‟ petition for writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5. Plaintiffs argue they are not collaterally attacking the mandate judgment, which is final, and therefore the doctrines of finality of judgments and collateral estoppel do not apply. Their theory is that their procedural rights under POBRA were thwarted by the alleged perjury by Sergeant Losorelli. Rather than seeking reinstatement to the LAPD, plaintiffs now seek damages for emotional distress, lost earnings and benefits (including pensions), both past and future. They also seek a civil penalty of $25,000 under section 3309.5, and costs of suit. Finally, plaintiffs seek “an order of injunctive or extraordinary relief that the court deems necessary and just to prevent such future similar actions on the part of defendants against other employees.” A. POBRA POBRA “sets forth a list of basic rights and protections which must be afforded all peace officers (see § 3301) by the public entities which employ them. (§§ 3300 et seq.) „It is a catalogue of the minimum rights (§ 3310) the Legislature deems necessary to secure stable employer-employee relations (§ 3301).‟ (Baggett v. Gates (1982) 32 Cal.3d 128, 135.)” (Gales v. Superior Court (1996) 47 Cal.App.4th 1596, 1600, fns. omitted (Gales).) Plaintiffs‟ second amended complaint alleges an action under section 3309.5, which provides a private right of action for police officers who claim a violation of their rights under POBRA.4 4 In pertinent part, section 3309.5 provides: “(a) It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by this chapter. [¶] . . . [¶] (c) The superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapter. [¶] (d)(1) In any case where the superior court finds that a public safety department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other 7 B. Availability of POBRA Cause Of Action City argues that plaintiffs have not stated a cause of action under POBRA because the alleged perjury was committed in the administrative mandamus proceedings after plaintiffs had been discharged from the LAPD. At that point, City argues, plaintiffs were no longer peace officers as defined by section 3301. Plaintiffs respond that the purpose of POBRA would be defeated if their rights are guaranteed only up to the point of discharge. We need not resolve whether a cause of action lies under POBRA based on a false declaration filed in an administrative mandamus proceeding because the time to challenge the declaration is in the Code of Civil Procedure section 1094.5 proceeding. A subsequent collateral attack on that basis is not allowed, as we next discuss. C. Finality of Adjudications The California Supreme Court examined the principles underlying the finality of judgments in Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1 (Cedars-Sinai), in which it held that there is no separate tort for intentional spoliation of evidence. The court reviewed several cases that denied a tort remedy for the presentation of false evidence or suppression of evidence and observed these decisions “rest on a concern for the finality of adjudication.” (Id. at p. 10.) “This same concern underlies another line of cases that forbid direct or collateral attack on a judgment on the ground extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer. [¶] . . . [¶] (e) In addition to the extraordinary relief afforded by this chapter, upon a finding by the superior court that a public safety department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the public safety officer, the public safety department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the public safety officer whose right or protection was denied . . . . If the court so finds, and there is sufficient evidence to establish actual damages suffered by the officer whose right or protection was denied, the public safety department shall also be liable for the amount of the actual damages.” 8 that evidence was falsified, concealed, or suppressed. After the time for seeking a new trial has expired and any appeals have been exhausted, a final judgment may not be directly attacked and set aside on the ground that evidence has been suppressed, concealed, or falsified; . . . such fraud is „intrinsic‟ rather than „extrinsic.‟ [Citations.] Similarly, under the doctrines of res judicata and collateral estoppel, a judgment may not be collaterally attacked on the ground that evidence was falsified or destroyed. [Citations.]” (Ibid., italics added.) The claim that the judgment was based on forged documents or perjured testimony does not obviate the force of this policy favoring finality of judgments. As explained in Pico v. Cohn (1891) 91 Cal. 129, upon which the Supreme Court relied, “„[W]e think it is settled beyond controversy that a decree will not be vacated merely because it was obtained by forged documents or perjured testimony. The reason of this rule is, that there must be an end of litigation; and when parties have once submitted a matter . . . for investigation and determination, and when they have exhausted every means for reviewing such determination in the same proceeding, it must be regarded as final and conclusive . . . . [¶] . . . [W]hen [the aggrieved party] has a trial, he must be prepared to meet and expose perjury then and there. . . . The trial is his opportunity for making the truth appear. If, unfortunately, he fails, being overborne by perjured testimony, and if he likewise fails to show the injustice that has been done him on motion for a new trial, and the judgment is affirmed on appeal, he is without remedy. The wrong, in such case, is of course a most grievous one, and no doubt the legislature and the courts would be glad to redress it if a rule could be devised that would remedy the evil without producing mischiefs far worse than the evil to be remedied. Endless litigation, in which nothing was ever finally determined, would be worse than occasional miscarriages of justice . . . .‟” (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11, italics added, quoting Pico v. Cohn, supra, 91 Cal. 129, 133-134; accord, United States v. Throckmorton (1878) 98 U.S. 61, 68-69.) 9 D. Intrinsic Fraud Courts traditionally have distinguished between extrinsic and intrinsic fraud, a distinction which “is of critical importance because intrinsic fraud cannot be used to overthrow a judgment, even where the party was unaware of the fraud at the time and did not have a chance to raise it at trial.” (Pour Le Bebe, Inc. v. Guess? Inc. (2003) 112 Cal.App.4th 810, 828.) As we have discussed, the introduction of perjured testimony is a classic example of intrinsic fraud. (See also Kachig v. Boothe (1971) 22 Cal.App.3d 626, 634, cited with approval in Pour Le Bebe, Inc. v. Guess? Inc., supra, 112 Cal.App.4th at p. 828.) Plaintiffs argue these principles do not apply because their second amended complaint does not seek to invalidate the denial of the mandate petition and does not seek their reinstatement. They characterize the two actions: “The prior action litigated whether [plaintiffs] were entitled to equitable relief because inter alia the City of Los Angeles brought charges against them beyond the one year statute of limitations. The present action seeks statutory penalties and damages for a different and distinct violation of Government Code § 3309.5 by an employee of the City of Los Angeles.” They rely on Corral v. State Farm Mutual Auto. Ins. Co. (1979) 92 Cal.App.3d 1004 (Corral). Corral arose out of an uninsured motorist arbitration between an insured and her insurer. The insurer refused to stipulate that the third party involved in the accident with the insured was uninsured. The arbitration was continued to allow the insured to obtain evidence that the third party was uninsured or to obtain a stipulation to that effect. When neither was obtained, counsel for the insured submitted on the evidence produced at the hearing. The arbitrator found for the insurer. Six weeks later the insured sought to reopen the arbitration based on a new declaration from the third party stating that he was uninsured. The request was denied on the ground the arbitrator lacked authority to grant the relief requested. (Corral, supra, 92 Cal.App.3d at pp. 1007-1008.) The insured‟s motion in the superior court to vacate the arbitration award was denied as untimely, a ruling that was affirmed by the Court of Appeal. (Id. at p. 1008.) 10 The insured then filed a separate action against the insurer for breach of the duty of good faith and fair dealing. In it, she alleged that at all times the insurer knew that the third party was uninsured, and fraudulently contended at the arbitration hearing that he was insured. In opposition to the defense motion for summary judgment, counsel for the insured submitted his declaration in which he stated that a claims manager for the insured had told him before the arbitration that the insurer would treat the claim as an uninsured motorist case. The attorney declared that, in reliance on these assurances, he made no effort to obtain evidence of the third party‟s lack of insurance coverage. (Corral, supra, 92 Cal.App.3d at pp. 1008-1009.) The Corral court rejected the insurer‟s argument that the bad faith action was barred by either res judicata or the policies underlying finality of judgments. (Corral, supra, 92 Cal.App.3d at p. 1009.) Instead, it held that each proceeding was based on a different claim of right: the arbitration proceeding was brought to recover benefits under the uninsured motorist provision of the insurance contract; the bad faith cause of action was not based on facts surrounding the automobile collision or the terms of the insurance policy, but on bad faith (refusal to acknowledge that the third party motorist was uninsured) committed after the collision. The court concluded that the bad faith claim constituted a different cause of action, and so was not barred by collateral estoppel. (Id. at pp. 1011-1012.) It held that the bad faith action was “not a collateral attack upon the arbitrator‟s award as it is not directed toward directly preventing the enforcement of that award or defeating rights acquired under it.” (Id. at p. 1013.) The court in Corral acknowledged a then recent case that reached a different result, but disagreed with its holding. The case was Rios v. Allstate Ins. Co. (1977) 68 Cal.App.3d 811, which held that the doctrine of finality of judgments barred a separate action for bad faith alleging that in an arbitration between insurer and insured, the insurer had presented false evidence and testimony. (Corral, supra, 92 Cal.App.3d at pp. 1012-1014.) But Rios (and several other decisions) were cited with approval by our Supreme Court in Cedars-Sinai, supra, 18 Cal.4th at page 10. Of course, the Corral court did not 11 have the benefit of the Supreme Court‟s reasoning in Cedars-Sinai, which was decided some 19 years later. Plaintiffs do not cite or discuss Rios, but argue that Corral should apply because in that case, as in this one, the facts giving rise to the second action occurred during the first proceeding. They contend: “As demonstrated in Corral, it is the extraordinary obligations of the defendant that allows the second action to proceed. In that case, it was the insurance company‟s obligation of good faith and fair dealing. . . . Similarly, in the present case the City of Los Angeles cannot get away with its conduct at the hearing on the writ where it presented the perjurous [sic] declaration because it had an independent obligation not to violate [plaintiffs‟] rights under Government Code, § 3309.5.” Here, to prevail in their action for damages, plaintiffs had to prove a violation of POBRA based upon defendant‟s reliance on a perjured declaration to show that the tolling of the time to file disciplinary actions lasted long enough to render their discharges timely. This goes to the heart of the trial court‟s finding in the mandate proceeding. To the extent that Corral stands for the proposition that the finality of judgments doctrine does not apply to a separate bad faith action arising from the presentation of false or perjured testimony in an earlier proceeding, we disagree, and instead follow Cedars-Sinai, supra, 18 Cal.4th 1 and Rios, supra, 68 Cal.App.3d at pp. 818-819. Plaintiffs also rely on Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore (2008) 162 Cal.App.4th 1331 (Miller). In that case, the executor of an estate hired a law firm to represent her in connection with her duties. At the conclusion of the probate matter, the firm requested and was awarded its fees except for one category which the probate court found to involve work for the executor in her individual capacity. The firm did not appeal that decision. Instead, it filed a new action seeking quantum meruit recovery of the denied fees directly from the client. The trial court held the action was barred by the final judgment in the probate case. The Court of Appeal reversed. Significantly, it found that the probate court did not decide that the law firm was not entitled to the additional fees, but only that the fees were not payable out of the estate. 12 (Id. at p. 1341.) As the Miller court explained, the probate court never ruled on the firm‟s entitlement to fees directly from its client, and therefore there was no basis for collateral estoppel. (Id. at p. 1343.) The case before us is quite different. The court ruled on the tolling issue in the mandate proceeding. Indeed it was the central question in the case. “„Collateral estoppel precludes the relitigation of an issue only if (1) the issue is identical to an issue decided in a prior proceeding; (2) the issue was actually litigated; (3) the issue was necessarily decided; (4) the decision in the prior proceeding is final and on the merits; and (5) the party against whom collateral estoppel is asserted was a party to the prior proceeding or in privity with a party to the prior proceeding. (Lucido v. Superior Court (1990) 51 Cal.3d 335, 341.)‟ (Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82.)” (Plumley v. Mockett (2008) 164 Cal.App.4th 1031, 1048-1049.) That describes the present case. Because the tolling issue was actually litigated in the mandate proceeding, a new claim based on the allegedly perjured declaration is a collateral attack on the mandate decision. Perjured testimony cannot be the basis for a separate proceeding. (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11.) In light of our conclusion, we need not and do not address City‟s other arguments. DISPOSITION The judgment is affirmed. City is to have its costs on appeal. CERTIFIED FOR PUBLICATION. EPSTEIN, P. J. We concur: WILLHITE, J. MANELLA, J. 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Video: Understanding California Foreclosure and Chapter 13 bankruptcy.wmv

Update: Judge denies "Octomom’s" Chapter 7 bankruptcy

It was only the beginning of this month that we posted on the fact that “Octomom” Nadya Suleman had filed for bankruptcy. And while in that Chapter 7 bankruptcy filing she claimed to owe as much as $1 million to more than 20 different creditors, a judge recently threw out her bankruptcy claim due to the fact that she failed to provide necessary financial documents to prove she was unable to actually pay back what she owed.
Source: bankruptcylawyersanjoseca.com

Bankruptcy Fees: Maryland Chapter 13 Bankruptcy Law

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DUI in Fresno, CA: How does it affect your bankruptcy?

If you are considering filing a bankruptcy case, you may be wondering how your driving under the influence (DUI) charge may affect it, or be affected by it.  Hopefully you have read my blog titled “Bankruptcy & DUI Debt in Fresno, CA” for a general discussion of bankruptcy and DUIs. The Bankruptcy Code allows a debtor to eliminate the majority of his debts, but some past mistakes can result in significant complications in your bankruptcy proceedings.
Source: thefresnobankruptcyattorney.com

Mortgage Cram Downs California in Chapter 13 Bankruptcy

A Chapter 13 cram down may help you.  If you owe for example, $500,000 on the investment property and its value is $250,000, through the Chapter 13 plan you pay to the mortgage lender the $250,000 rather than the $500,000.  The remaining $250,000 becomes unsecured debt and you will likely pay a small portion of that part through the plan and the rest will be discharged at the completion of the plan.
Source: mellorlawfirm.com

Chapter 13 bankuptcy: can depend on the vicinity where you file.

California (Bay Area) California (Chico) Connecticut Florida (Northeast) Florida (Southwest) Georgia (Atlanta Area) Illinois (Southern) Kansas Louisiana Massachusetts (Boston) Massachusetts (Springfield) Michigan Minnesota Missouri (Kansas City) Missouri (St. Louis Area) New York (Upstate) New York Bankruptcy Lawyer North Carolina (Charlotte area) Oregon (South) Oregon (Willamette Valley) South Carolina North Carolina (Eastern, Wilson) South Carolina (Charleston)
Source: bankruptcylawnetwork.com

Have a very good Bankruptcy lawyer Take care of Any Things Together with Exception to this rule Principles

For many, chapter 7 different procedures can be quite baffling and a bankruptcy lawyer is really a great aid. When the person in debt has relocated out of state earlier than bankruptcy, the Phoenix bankruptcy attorney might have to delay all the declaring and maybe need to take typically the a bankruptcy proceeding exceptions out of the claim that these people carried right from. The rule of thumb inside of a chapter record is definitely the person in debt really should live in california for two people years and years to make usage of which often state’s difference legislation. The chapter 7 bankruptcy trial is knowing and also witnesses that consumers advance so the person in debt may need to stay in your state they can be declaring bankruptcy for your largest part of One hundred and eighty nights as well as effectively one year. In case the chapter exceptions from a assert you should not move a person’s vessel you are able to utilize united states individual bankruptcy difference legislation.
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Top Three Reasons a Chapter 13 Bankruptcy May Be the Ideal Solution for Your Out

Debt is more than the balance of the principal.  Anyone who has missed payments or seen their interest rate go up knows how much their monthly payments may increase just because of interest rate increases and late charges.  A person who files a Chapter 13 will make a percentage payment to their creditors without almost every dollar paid going to pay interest and late charges.  This means that through a Chapter 13 payment plan, you’ll pay down the debt that exists at the date of filing.  Yes, the total of your debt is frozen as of the filing date.  In many of our Chapter 13 cases we are also able to reduce the amount of debt that one is required to pay back to their unsecured creditors.  For some people who can afford to make some debt payment, this way appears to handle debt in a win-win for both debtor and lender.
Source: california-bankruptcyattorney.com

Bankruptcy Fees: Maryland Chapter 13 Bankruptcy Law

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Source: bankruptcycourtco.com

California Bankruptcy Law: Articles by Attorney Heather A. Cutler

There may be other reasons to file a bankruptcy earlier than the deadlines permit, so I still recommend that you seek out bankruptcy advice if you feel that you really do need to file for bankruptcy soon.  These deadlines apply only if you are seeking a discharge of your current debts, and received a discharge in your past bankruptcy case.
Source: hcutlerlaw.com

The costs of bankruptcy, the investment of debt relief

Recent media attention has shed light on the reality that bankruptcy can be costly.For many, the price of bankruptcy may seem too high, considering that filing is intended to help alleviate debt. Before making any decisions about bankruptcy, it is important to have a clear understanding of how it works, how it will affect your finances, your credit, and whether it is right for you. Despite upfront costs, Chapter 7 or Chapter 13 bankruptcy may remain the solution you need to achieve debt relief.
Source: losangelescountybankruptcyattorneys.com

Chapter 7 bankruptcy filed by a California Federal Judge

Even a federal judge is being hit hard by the tough economy these days. U.S. District Judge Otis Wright and his wife have filed for Chapter 7 bankruptcy because they cannot pay their existing debts. Mr. Wright and his wife filed Chapter 7 bankruptcy late last year in Los Angeles. A Chapter 7 or Chapter 13 bankruptcy proceeding can take anywhere from four to six months.
Source: sanfrancisco-bankruptcy-attorney.com