Is the 8-Years-Between-Bankruptcies Rule Based on the Filing Date or the Discharge Date?

Before filing for a second Chapter 7 bankruptcy case, a debtor must wait eight (8) years after filing the first case in which a discharge was granted.

But in some cases there can be a significant amount of time that passes between the original filing and the date the Bankruptcy is officially discharged by the Trustee. So which date is used as the starting date for the implementation of the 8-year rule, should a person needs to file a second bankruptcy proceeding?

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Can a Power of Attorney Be Created for a Grandparent to Make Temporary Decisions for Grandchildren?

A Power of Attorney (POA) document would most likely not provide any help in a temporary child care situation for grandparents; children cannot grant another person any rights through a POA since they are minors, and POAs cannot be created that assign rights for a third party (i.e., a mother cannot create a POA that assigns rights on behalf of her children).

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Can a Living Trust Created in and Funded with Assets from Another State Be Revised for a New State?

A Living Trust is a written agreement that should, if properly drafted and executed, be valid in any state in which a person resides.

The location of the person’s residence or the location of the assets used to fund the trust are not relevant to its validity. Even if the assets of the original Trust are disposed, the Trust remains valid and is not tied to any specific location.

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What Operational Changes Should My Business Make After Filing as an LLC?

Setting up a new Limited Liability Company (typically called an LLC) offers the business owner(s) protection from potential creditors and other claims (i.e. it insulates your personal assets). But these protections will only exist if the business operations are conducted under the Limited Liability Company name in all respects.

As such, it is very important that Company money be kept separate from any funds that you maintain in your personal bank accounts (or accounts of other entities), and that you do not place your personal funds into the new business bank account, or otherwise commingle funds.

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Does the Stated Interest Rate Override an Amortization Schedule in a Promissory Note?

Generally, the language of the Promissory Note itself would have control over any payment schedule that is not incorporated directly into the note.

But if the amortization schedule is incorporated directly into the Promissory Note (by language in the Note that makes direct reference to the schedule), then there is an ambiguity as to the obligations of the parties.

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