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.
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).”
By intent, the Bankruptcy Court does not make Student Loans easy to discharge. Thus, there is no standardized form for discharging student loans.
Most mobile homes have titles, like automobiles, so they are not always treated like Deeded real estate property in a personal Bankruptcy filing.
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.
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.
The information in the filed Bankruptcy paperwork is a snapshot of the assets and liabilities of the debtor as of the date of filing.
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.
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.
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.