While individuals can file both Chapter 13 and chapter 7 cases for themselves, there are limitations in filing a bankruptcy case on behalf of a business.
Answers to Frequently Asked Bankruptcy Questions
Where Should SSDI be Listed in Chapter 7 Filing?
Question 30 requires that the debtor list “[o]ther amounts someone owes you (Examples: Unpaid wages, disability insurance payments, disability benefits, sick pay, vacation pay, workers’ compensation, Social Security benefits; unpaid loans you made to someone else).”
What Form Do I Use to Discharge a Student Loan by Bankruptcy?
By intent, the Bankruptcy Court does not make Student Loans easy to discharge. Thus, there is no standardized form for discharging student loans.
How is a Mobile Home Listed in a Bankruptcy?
Most mobile homes have titles, like automobiles, so they are not always treated like Deeded real estate property in a personal Bankruptcy filing.
Which State’s Bankruptcy Exemptions Are Used if I Moved?
The choice or applicability of a particular state’s Exemption laws depends on the ‘domicile’ of the debtor, i.e. where the debtor permanently resides.
The Bankruptcy Code outlines where the debtor is domiciled in cases where the debtor has recently moved.
What is an Offset in Bankruptcy?
An offset, like the term “setoff”, is the deduction by the Debtor from a claim or demand of a debt or obligation owed to the Creditor.
Can Mom Buy a Car For Me If I Just Filed Bankruptcy?
The information in the filed Bankruptcy paperwork is a snapshot of the assets and liabilities of the debtor as of the date of filing.
Can I Change a Filing on a Reaffirmed Vehicle?
If a Chapter 7 Bankruptcy filing is made and a personal vehicle is reaffirmed (i.e. chosen to be kept by the filer with continuing payments to be made) within that filing, it is still possible to change the filing, not reaffirm the car, and surrender the vehicle back to its creditor.
Is an Automatic Stay Form Included in Standard Legal’s Bankruptcy Package?
A “Motion to File Automatic Stay” (more appropriately, a ‘motion to impose the automatic stay’) is not a standardized bankruptcy form. Rather, it is a filing required under 11 U.S.C. §362(c )(3) & (4) when a previously filed bankruptcy case is dismissed.
Should I Submit Bankruptcy Form B8 with No Entries?
A complete Chapter 7 personal Bankruptcy filing includes Form B8, the “Statement of Intention”.
This form tells the Trustee what your plans are for property and contracts in your name: debts secured by property of the estate; and personal property subject to unexpired leases.