So many people sought protection
under bankruptcy laws in the past two years because of the recent financial crisis, that there is no reason you should feel like a reject from the society.
Your home is not protected, as it would be
under bankruptcy protection, so your mortgage may go into foreclosure and you are more likely to lose your house.
What follows is a look at the 47 percent of cases where the federal student loans were completely discharged with no tax liability to the
consumer under bankruptcy.
The flexibility the proposal offers you allows you to deal with house equity and other assets that you may wish to keep that would be possible but perhaps more challenging
under a bankruptcy scenario.
If you are in doubt whether a particular item (debt) is to be
considered under bankruptcy or not, you can consult a professional credit repair services company for more clarity.
So the same notices that we
send under the bankruptcy, we're going to send to your employer as part of the consumer proposal.
At the heart of the issue are private student loans that were extended to students of schools not accredited by to comply with the definitions of recognized student loans protected
under the bankruptcy code.
A lot of major banks are not willing to take only 10 percent, not without some type of a formal arrangement and, you know, formal arrangement being a
proposal under the bankruptcy act or bankruptcy where they're getting a lesser payment.
An excerpt taken from sub-section (b) of the code states this in relation to private employment: «No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or
bankrupt under the Bankruptcy Act...»
Sometimes, this can be referred to as a «mini Chapter 11 ″ because you typically repay something to your creditors and retain your property and make payments
under a bankruptcy plan.
To illustrate the principle, the Court cited (at para 42) the Saskatchewan Court of Appeal decision in R v Staranchuk, 3 DLR (4th) 574, 1983 CanLII 2402 (SK CA), where the Court permitted the use of prior false, sworn statements to incriminate the accused pursuant to an
offence under the Bankruptcy Act.
debtor obtains financial relief and undergoes a judicially supervised reorganization or liquidation of the debtor's assets for the benefit of creditors; a
case under the Bankruptcy Code.»
A bankruptcy is a legal proceeding
filed under the Bankruptcy & Insolvency Act to surrender your assets in exchange for which you will receive a discharge from your unsecured debts.
A Chapter 13 bankruptcy does not disqualify a borrower from obtaining an FHA mortgage provided the lender documents that one year of the payout
period under the bankruptcy has elapsed and the borrower's payment performance has been satisfactory (i.e., all required payments made on time).
First, paying off some creditors (but not others) is not
allowed under the bankruptcy code because you are favoring one creditor over another.
Section 158 of the Bankruptcy Act outlines all of your required
duties under bankruptcy law, the most important of which are:
Chapter 11 is a chapter of the United States Bankruptcy Code that protects any form of business that is unable to service its debt or pay its creditors through a process of
reorganization under the bankruptcy laws.
A brief description of the various
Chapters under the Bankruptcy Code and the general purposes, benefits and costs of proceeding under each of the chapters;