Not exact matches
In analyzing the potential consequences
of a personal bankruptcy, one
of the
questions is whether the
debtor have too much income to qualify for chapter 7.
A filing
debtor recently blogging on a bankruptcy forum website asked the following
question: «Form 22A Part II line 8 asks for «Any amounts paid by another person or entity, on a regular basis, for the household expenses
of the
debtor or the
debtor's dependents.»
As an example, a filing wannabe
debtor asked these
questions on a bankruptcy forum website today concerning the 90 day rule: «Does anyone know from their experience, if the 90 day rule applies to payment
of monthly rent, car note, and utilities?
In this case, the trustee filed the AP because the property in
question had enough equity to be liquidated to pay off the unsecured debts
of the filing
debtor.
One such
debtor recently posted this
question about her husband's job: «We are preparing to file Chapter 13, and the one
question I have revolves around the fact my husband works for a large retail corporation, and one
of the credit cards that will be discharged ($ 2,800) was issued from his company.
Potential bankruptcy
debtors should understand that if they file a case, and the
debtor has debts that may fall into one
of the above - mentioned categories, the real impact
of these non-dischargeability provisions are that if the
debtor believes that the debt should be discharged, it is up to the
debtor to bring an action in bankruptcy court, after the
debtor has received her general discharge, to determine whether the debt in
question is discharged.
A meeting
of creditors is held soon after the filing, which the
debtor must attend to answer
questions about his or her case.
Even though the organization claims to help students who owe, if a
debtor did not ask the right
question, they would not be offered a certain type
of aid.
Before answering that
question debtors should be aware that with many
of the credit card debt reduction firms how to accumulate the debt settlement money would not be an option.
Before I answer either
of these
questions, I tell my clients that a bankruptcy discharge is the ultimate goal for any
debtor in a bankruptcy case and it is my job as an attorney to assist you through the bankruptcy process to achieve that goal.
This analysis
of student debt does not address the broader
question of which factors may be leading student
debtors to carry more overall debt.
However, many
of the loans in
question had been given to student
debtors over a decade ago by a multitude
of banks.
The
question, asked in the bankruptcy context, is whether the reorganized
debtors can afford to replace their current «self - bonds» (in which the company pays for the reclamation
of the site) with reclamation bonds backed by third parties.
In a blog post discussing the involvement
of solicitors in pseudonymous law firms like those alleged to be used by the banks, Richard Moorhead has observed, among other things, that «there is a substantial risk that the solicitors who signed or were involved in the production
of the letters have breached their obligation to act with integrity» and that «there is a
question over whether Outcome 11.1 (rule 11.1 in effect) has been breached that is solicitors must not, take unfair advantage
of third parties [the
debtors] in their professional capacity.»
If you have
questions or need more information about enforcing a judgment, visit the Self Help Center or check the
Debtor / Creditor page
of this site.
The applicable student loan debt service threshold is 20 % — which means that for purposes
of her bankruptcy petition, the maximum amount this
debtor could dedicate to student loan payments for the year in
question is $ 2,441 ($ 203.41 per month), or 6 %
of her gross income.
The applicable student loan debt service threshold is 20 % — which means that for purposes
of his bankruptcy petition, the maximum amount this
debtor could dedicate to student loan payments for the year in
question is $ 6,441 ($ 536.75 per month), or about 11 %
of his gross income.
The applicable student loan debt service threshold is 20 % — which means that for purposes
of her bankruptcy petition, the maximum amount this
debtor could dedicate to student loan payments for the year in
question is $ 4,733 ($ 394.41 per month), or about 12 %
of her gross income.
The
question raised in Clark v. Rameker, whether inherited IRA funds are exempt from a
debtor's bankruptcy estate, stands at the crossroads
of financial planning and bankruptcy law and could be relevant to anyone with an IRA designating a beneficiary and anyone designated as a beneficiary in an IRA.
Des Moines, IA (Law Firm Newswire) April 8, 2013 — One
of the most common
questions debtors have when they speak to an Iowa bankruptcy lawyer is «What is involved in foreclosure?»
The
question being: a) Was the
debtor aware
of the Order; b) Did the
debtor refuse or neglect to comply notwithstanding being aware
of the Order; and c) Did the
debtor have the ability to comply with the Order (keeping in mind that, for example, in Parent, the «ability» was based not on his income, but it appears, his «potential» income, which may run afoul
of the Alberta Court
of Appeal decision in Hunt v. Smolis - Hunt.)
From the
debtor's side, you may be
questioning the credibility
of the debt collector's demand letter.
Last week, I posted a
question about a somewhat complicated legal issue surrounding a DOT that was part
of my father's estate that never got recorded, then the
debtor / prior owner was able to go back, refi the property and let it foreclose 3 years ago.