Greatest Bankruptcy Weapon: The Automatic Stay The Debtor's Greatest Weapon, The Automatic StayImmediately when your bankruptcy case is filed, an automatic stay is created. An automatic stay is the equivalent of a restraining order that prevents creditors from taking certain collection actions against you. These collection actions include: Telephoning you at home, at work or on your cell phone; Filing lawsuits against you or continuing with...... Similar Editorial : by John Harris. | Source : Kansas Bankruptcy Court
Bankruptcy Reform Can Assist Homeowners From Foreclosure Chapter 13 bankruptcy reform is what is truly needed to stem the time of the current foreclosure crisis. Even if the code were modified for a short period of time, it would give homeowners the opportunity to restructure loans that are subject to or already in foreclosure. As the law currently stands, a homeowner in Chapter 13 cannot alter the contractual terms of their loan. A homeowner can...... Similar Editorial : by Melanie Jordan. | Source : Kansas Bankruptcy Court
Auto Repossessions And Bankruptcy What happens to an auto that is repossessed before, during or after a bankruptcy case? The answer will depend upon which type of bankruptcy or which chapter rather, that the debtor has filed. It also depends upon whether or not the debtor wants to recover the vehicle or simply let the vehicle go. The basic rule is as follows; the debtor remains the beneficial owner of the vehicle until such...... Similar Editorial : by MARK WARNE. | Source : Kansas Bankruptcy Court
A Bankruptcy Attorneys Perspective One of the most rewarding things about being a bankruptcy attorney is the ability to help people. I am really not interested in how people got into debt. That fact really doesn't matter to me. Whether it was from an illness, injury, job loss, divorce, overspending, or simply bad financial decisions, the situation remains the same. It may become important going forward in the future to that...... Similar Editorial : by Max Bellamy. | Source : Kansas Bankruptcy Court
The Role Of The Bankruptcy Trustee The bankruptcy trustee is the designated representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator.The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases...... Similar Editorial : by shijina. | Source : Kansas Bankruptcy Court
Should I File For Chapter 7 Bankruptcy? When is the right time to file personal bankruptcy? This is a personal question that must be answered on a case by case basis. My general thought is that if a person can bail himself out of debt within a period of six months, he should not file a bankruptcy. The hit on his credit rating will not be worth the fresh start. On the other hand, if the person cannot bail out within six months and...... Similar Editorial : by Jared Myers. | Source : Tn Bankruptcy Court
Anatomy Of A Proof Of Claim In Bankruptcy The proof of claim is the document indicating what a particular creditor is claiming that it is owed by a debtor. It is the starting point for receiving a share of any funds distributed by the bankruptcy trustee. The same proof of claim for applies to both Chapter 7 and Chapter 13 bankruptcy cases. In the case of a Chapter 7 bankruptcy case, creditors will only be advised to file proof of...... Similar Editorial : by Frederick Graves, Esq.. | Source : Tn Bankruptcy Court
Bankruptcy Filings Are Sure To Rise Have you seen the price of gas lately? Have you gone to your local grocery store and checked out the prices for basic food items? Have you been out to eat in the past six months? If you are paying any attention at all, you will have noticed a significant increase.The primary indicator that most folks notice is that of gas prices. The price of gas has nearly doubled in the last five years with...... Similar Editorial : by Charles Kelly. | Source : Tn Bankruptcy Court
Custody Disputes Produce Few Winners Undergoing a custody battle should be an act of last resort. The end result usually produces two losers and no winners. It should only be attempted if children are being subject to physical or psychological danger. If your child is being exposed to physical or sexual harm, take immediate action at any price. Additionally, if the children are being exposed to individuals and behaviors that make...... Similar Editorial : by Michael D. Stewart. | Source : Alimony Taxes
Recent Family Law Decision RevestmentThe court had authority to modify the distribution of proceeds under the doctrine of revestment; under this doctrine, litigants may revest a court which has general jurisdiction over the matter, with both personal and subject matter jurisdiction, over the particular cause after the 30 day period following final judgment during which post-judgment motions must ordinarily be filed. In...... Similar Editorial : by Wayne and Tamara. | Source : American Copyright
Family Law Case Update Where no benefit accrued to the custodial parent by the noncustodial parent's action of reducing the received child support, and it could not be concluded that the payor's actions were the result of apparent or implied authority or that there was a principal and agent relationship between the parties, consequently, the legal concept of ratification was misapplied.This section guarantees the...... Similar Editorial : by David Natenzon. | Source : American Copyright
Family Law Case Updater Change in CircumstancesThe uncontroverted evidence was such that the child support order should have been reduced or modified to reflect respondent's financial resources which at best could have been described as limited. In order to justify a decrease in child support payments, the moving party is required to show a significant material change in the circumstances and conditions of the divorced...... Similar Editorial : by Jennifer Koretsky. | Source : American Copyright
San Diego Family Law Decisions Discretion of CourtModification of child support payments rests within the sound discretion of the trial court.Dissolution JudgmentWhere respondent husband did not object to the terms of the dissolution judgment imposing support obligations solely on him, and where he never appealed the dissolution judgment, the trial court properly ordered that the non-custodial wife was not required to pay child...... Similar Editorial : by Andrea Corney. | Source : Buy Copyright
Philadelphia Family Law Topics Factors ConsideredWhen setting an amount for modification of child support, the court may consider the same factors used when formulating an original support order; these factors include the standard of living the child would have enjoyed if the marriage had not been dissolved, and the financial resources of the noncustodial parent. The factors to be considered for modification or termination as...... Similar Editorial : by David H. Urmann. | Source : Buy Copyright
San Jose Family Law Increase DeniedTrial court properly denied petitioner's request for increased child support. Modification of support is required where there is a substantial imbalance between the supporting parent's capabilities and the child's needs. Where there was sufficient evidence to justify the finding that, since the entry of the original divorce decree, the needs of the defendant's children had increased...... Similar Editorial : by Johnette Duff. | Source : Buy Copyright
