Most of the bankruptcy process is governed
by federal bankruptcy laws.
Both procedures were created
by federal bankruptcy law, and are legally binding on your creditors, so once your consumer proposal or bankruptcy is completed the creditors can not pursue you for those debts.
Not exact matches
The U.S. Supreme Court is also reviewing
federal court rulings that said a local
bankruptcy law enacted
by the commonwealth is unconstitutional.
Some assets are completely excluded from the
bankruptcy process
by federal law.
While most
bankruptcy questions are governed by federal law, the Bankruptcy Code permits states to determine what property their residents c
bankruptcy questions are governed
by federal law, the
Bankruptcy Code permits states to determine what property their residents c
Bankruptcy Code permits states to determine what property their residents can exempt.
Exemption
laws have been enacted
by every state as well as the
federal government to protect the property of debtors against the claims of judgment creditors and, once a
bankruptcy case is filed, the trustee.
The ability to file
bankruptcy is established
by federal law, and all
bankruptcy cases are handled in
federal court.
After a precedent was set
by the Supreme Court,
federal law doesn't allow student loan debt to be discharged in
bankruptcy, although other forms of outstanding debt such as credit cards have the potential for discharge in
bankruptcy.
Unfortunately, under current
federal law, it is almost impossible for student - loan borrowers to discharge their debts
by filing for
bankruptcy.
Legislative solutions, governed
by federal law, typically come in the form of consumer proposals, which are now more commonly used than
bankruptcy filings.
These schedules will be used
by the
bankruptcy court to check against state and
federal exemption
laws which allows the filer to keep the unsecured assets listed under most circumstances.
Since
bankruptcy is backed
by both
federal and state
laws, there is really no reason to view a
bankruptcy protection as anything other than a tool used
by our society to potentially help alleviate a bad financial situation between two parties.
Bankruptcy law has not allowed the discharge of
federal loans since 1978, which included student loans issued entirely
by the
federal government.
Strategically,
by using a combination of
Bankruptcy, State, and
Federal consumer protection
laws, Doan
Law Firm has developed and pioneered a program that allows homeowners to legally remain in their home for 8 - 18 months or even years after ending mortgage payments!
Bankruptcy in Canada is governed
by federal law, but the process is not free.
The state does not allow filers to use
federal exemptions for assets, so their choice is dictated
by state
bankruptcy exemption
laws alone.
The legal rights of liens are governed primarily
by state
laws, but since filing
bankruptcy is a
federal matter governed
by federal laws, a debtor wanting to file
bankruptcy should understand the significance of a lien in relationship to the
bankruptcy process.
Clarifies current
law's «undue hardship» exception to nondischargeability in
bankruptcy as it applies to
federal student loans
by creating a rebuttable presumption that a debtor faces an «undue hardship» if the debtor is receiving disability benefits under the Social Security Act;
The reason for raiding your IRA under these circumstances is because an IRA is not exempted in a
bankruptcy from an Internal Revenue Service levy as described
by federal law.
Doug Hoyes: That's always the way it works, and that's because
bankruptcy is a legal process, it's governed by Federal law and the Office of the Superintendent of Bankruptcy, which is a sub-section of Industry Canada, which is the Federal Government, they regulate everyth
bankruptcy is a legal process, it's governed
by Federal law and the Office of the Superintendent of
Bankruptcy, which is a sub-section of Industry Canada, which is the Federal Government, they regulate everyth
Bankruptcy, which is a sub-section of Industry Canada, which is the
Federal Government, they regulate everything we do.
In 2005, the
law was changed to exclude ALL student loans, private or
federal, from being discharged
by bankruptcy.
It's your right under the Constitution:
Federal Bankruptcy Laws are designed to give debt relief to people who are overburdened
by debt.
Despite the fact that
bankruptcy is controlled
by federal law, there are a variety of exemptions to property and holdings that DO differ from state to state and can significantly impact your
bankruptcy.
It just released its 2003 editions, which include the
Federal Rules of Evidence, Civil Procedure, Criminal Procedure,
Bankruptcy Procedure and Appellate Procedure, along with popular lawyers» titles such as A Lawyer's Life,
by Johnnie Cochran and David Fisher; The Case Against Lawyers,
by Catherine Crier; and
Law School Confidential,
by Robert H. Miller.
America's
Federal Bankruptcy Laws are designed to give Debtors a «Fresh Start,» but they also protect Creditors,
by ensuring that each and every Creditor will be treated equally, whether they are complete strangers to the Debtor, or close relatives of the Debtor.
Bankruptcy is a program created
by federal law that allows you to eliminate certain kinds of debt or create a payment plan to repay your debts over time.
I realize that BK is filed in
Federal bankruptcy court but does any Texas law apply or are there nuances applied differently by any federal bankruptcy court
Federal bankruptcy court but does any Texas
law apply or are there nuances applied differently
by any
federal bankruptcy court
federal bankruptcy court region?
Wells Fargo and Citigroup to face claims they violated
federal law by falsely notifying of
bankruptcies and foreclosures, Reuters
«Forcing a debtor into
bankruptcy as a means of trying to collect on a debt is prohibited
by federal law,» said Brandon
bankruptcy lawyer O. Reginald Osenton.
As reported
by The Am
Law Daily earlier this month, the firm picked up the debtors - side work for Massachusetts - based Beacon Power Corporation, which sought Chapter 11 protection in Delaware
federal bankruptcy court in October.
At Bailey & Galyen, our lawyers have taken an aggressive stand to defend Texas home and property owners from bank foreclosure
by using
federal bankruptcy laws.
Bankruptcy is governed
by federal laws that make the general rules and process relatively the same from one state to the next.
The
bankruptcy code respects this division between
federal and state
law by allowing each state to provide its citizens with state
law exemptions in
bankruptcy, or the use of the
federal bankruptcy exemptions, or the choice to use either.
Posted
by Celia C. Elwell, RP in Appellate
Law, Apps,
Bankruptcy Law, Cell Phones, Dockets, E-Filing,
Federal District Court Rules,
Federal Law, iPad, iPhones, Legal Technology, PACER, Trial Tips and Techniques, U.S. Courts of Appeal
When you're approved for
bankruptcy status
by a
federal bankruptcy court, some or all of your debts will be forgiven, and creditors and collections agencies are no longer permitted to pursue you for those debts under
law.
Bankruptcy is governed
by federal law, however.
Federal bankruptcy law exempts a debt from discharge if the creditor can show that the debtor obtained money through known misrepresentation that was relied on
by the creditor and created a loss to that creditor.
Unless you are willing to become an expert on Dodd Frank, the Consumer Finance Protection Bureau, state homestead
laws, state foreclosure
laws relating to consumer loans and
Federal Bankruptcy homestead protection, I would suggest investing only in notes secured
by commercial or investment real estate.