The U.S. trustee will also monitor the activities of the small business
debtor during the case to identify as promptly as possible whether the debtor will be unable to confirm a plan.
Not exact matches
For instance, in Chapter 13
cases in the Columbus, Ohio, and Dayton, Ohio, the judges and trustees are allowing
debtors to include special plan provisions that protect
debtors from «charging collection fees, late fees, or any other penalties based solely on upon the reduced pro rata Chapter 13 Plan distributions being less than the minimum monthly payment it would otherwise be contractually entitled to
during the life of the Chapter 13 Plan.»
If relative or friend co signed a loan which the
debtor discharged in bankruptcy, the cosigner may still be obligated to repay whatever part of the loan not paid
during the pendency of the bankruptcy
case.
Copies of the
debtor's tax returns for the most recent tax years and the tax returns filed
during the
case must be given to the trustee.
(1) is or has been a
debtor under this title or a
debtor or bankrupt under the Bankruptcy Act; (2) has been insolvent before the commencement of a
case under this title or
during the
case but before the grant or denial of a discharge; or (3) has not paid a debt that is dischargeable in a
case under this title or that was discharged under the Bankruptcy Act.
No one can positively say what would happen in a particular
case, but in order for a
debtor to protect themselves against such wrongful termination by an employer
during a bankruptcy, it might be wise to consider retaining a lawyer with that type of experience.
Sometime
during the bankruptcy
case, the lender (Best Buy, HSBC, Wells Fargo, etc.) has a law office send a very official looking letter asking the
debtor what they would like to do with that property.
The creditor argued that the order discharging the debt was void because the
debtor did not serve the creditor with a summons
during the original
case, and also because the bankruptcy court did not make a finding of undue hardship.
In almost all Chapter 7 bankruptcy
cases, the bankruptcy exemptions are sufficient to protect any anticipated tax refunds that the
debtor may be receiving
during tax time.
Current monthly income is defined in 11 U.S.C. § 101 (10A) as the monthly average of the income received by the
debtor (and the
debtor's spouse in a joint
case)
during a defined six - month time period prior to the filing of the bankruptcy
case.
During his more than 30 - year career, he has represented a variety of major
debtors in high - profile Chapter 11
cases, numerous class - action product liability settlements and statutory creditor representation with an assortment of major financial institutions and restructurings.
Kirkland & Ellis, which served as lead
debtor's counsel to UAL
during its bankruptcy, reaped more than $ 100 million in fees for its work in that
case.