Posts Tagged ‘Chapter 7 Title 11 United States Code’

Filing Bankruptcy To Avoid Ex-Spouses’ Bills – Not Allowed

In the Chapter 7 bankruptcy case of Taylor, Anthony; In re, the bankruptcy court dismissed the debtor’s case because it was ruled abusive of the bankruptcy system.
The details of the bankruptcy case:
“The Chapter 7 debtor admitted that his case was presumptively abusive, but argued that he needed to file due to the impending foreclosure sale [...]

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Bankruptcy Debtor Allowed Homestead Exemption After Sale

In the Chapter 7 bankruptcy case of Sparks, Jeanette R.; In re, debtor is allowed to keep homestead exemption despite bankruptcy trustee’s objection; but is not allowed to exempt $514 held in a mutual fund account.
The details of the bankruptcy case:
“The 55-year-old, unemployed Chapter 7 debtor owned an interest in her home, which she claimed [...]

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Tax Return Filed Late Deemed Not Dischargeable In Bankruptcy

In the bankruptcy case of McCoy, Linda T.; In re (McCoy v. Missis­sippi State Tax Commission), the bankruptcy court deemed a Chapter 7 bankruptcy debtor’s income taxes for 1998 and 1999 nondischargeable in bankruptcy.
The bankruptcy case said:
“The debtor received a Chapter 7 discharge on Jan. 23, 2008. On Dec. 3, 2008, she filed an adversary [...]

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Ellen Tracy LLC Forced Into Chapter 7 Bankruptcy

According to an article in the Daily Finance, the U.S. Bankruptcy Court for the Southern District of New York granted a bankruptcy petition for Ellen Tracy LLC forcing the company into an involuntary Chapter 7 bankruptcy. The Chapter 7 bankruptcy filing means that the company will be liquidated. The bankruptcy petition was filed by three [...]

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Bankruptcy Judge Rules Obligations To Ex-Spouse Not Dischargeable

In the bankruptcy case of Blackburn, Terry; In re (Blackburn v. Blackburn), the bankruptcy judge ruled that obligations incurred through a divorce decree was not dischargeable in bankruptcy. The judge also ruled that he did not have discretion in the matter.
The details of the bankruptcy case:
The Chapter 7 bankruptcy debtor was a 50 year old [...]

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Tax Refunds From Exempt Income Remains Exempt During Bankrutpcy

In the bankruptcy case of Sparks, John W. and Betty L.; In re, the bankruptcy trustee’s objection to the debtor’s exemption was denied by the bankruptcy court.
The details of the bankruptcy case:
In the Chapter 7 bankruptcy case involving debtors claimed their state and federal income tax refunds as exempt under vari­ous state law provisions. However, [...]

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Fraudulent Transfer Voids Homestead Exemption

In the bankruptcy case of Littleton, William L.; In re, the bankruptcy court rejected the debtor’s homestead exemption.
The details of the bankruptcy case:
“The Chapter 7 debtor owned no real prop­erty when he filed for bankruptcy. He disclosed that he transferred 6.64 acres of land in Tennessee about two months prior to filing for bankruptcy. After [...]

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Business Bankruptcies and Failures Still on the Rise

Even if the economy recovers it may take a year or two for the rate of business bankruptcies to slow down.
An article from BusinessWeek says that there are no signs that the high rate of business bankruptcy filings will slow down.  In May alone 7,514 business bankruptcies were filed.  This number is up 40% from [...]

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During Bankruptcy Assets Count No Matter How Small

In the bankruptcy case of Cannon, Nickey M.; In re (Cesnick v. Can­non), the bankruptcy court denied the debtor’s discharge because he failed to disclose that he owned a small interest in a business venture from which he received some income.
The details of the bankruptcy case:
The debtor filed for Chapter 7 bankruptcy after a state [...]

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Backdoor Debtors’ Prisons?

The Consumer Law & Policy blog has a very revealing article about a judge in Indiana that took it upon herself to give indigent debtors a choice–”pay up” or “go to jail.”
The blog writer provided the transcript of an exchange between the debtor and the judge:
The Court: “So we’re here today for you to explain [...]

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Timing Your Bankruptcy Filing

There are a few situations that help determine if you should delay your bankruptcy filing.
If you are considering filing for bankruptcy, there are a small number of special circumstances where your best option would be to delay filing for bankruptcy.  Of course it would be best to speak to a bankruptcy attorney as soon as [...]

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