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Bankruptcy Questions

Answers to Frequently Asked Bankruptcy Questions

Can I File Bankruptcy on my Business?

June 23, 2022 by Standard Legal

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.

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Categories Bankruptcy Questions

Where Should SSDI be Listed in Chapter 7 Filing?

August 13, 2019 by Standard Legal

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).”

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What Form Do I Use to Discharge a Student Loan by Bankruptcy?

July 27, 2017July 24, 2017 by Standard Legal

By intent, the Bankruptcy Court does not make Student Loans easy to discharge. Thus, there is no standardized form for discharging student loans.

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How is a Mobile Home Listed in a Bankruptcy?

December 26, 2016 by Standard Legal

Most mobile homes have titles, like automobiles, so they are not always treated like Deeded real estate property in a personal Bankruptcy filing.

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Which State’s Bankruptcy Exemptions Are Used if I Moved?

November 15, 2016 by Standard Legal

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.

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Categories Bankruptcy Questions

What is an Offset in Bankruptcy?

September 15, 2016 by Standard Legal

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.

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Can Mom Buy a Car For Me If I Just Filed Bankruptcy?

December 10, 2015 by Standard Legal

The information in the filed Bankruptcy paperwork is a snapshot of the assets and liabilities of the debtor as of the date of filing.

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Can I Change a Filing on a Reaffirmed Vehicle?

December 1, 2015 by Standard Legal

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.

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Categories Bankruptcy Questions

Is an Automatic Stay Form Included in Standard Legal’s Bankruptcy Package?

November 12, 2015 by Standard Legal

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.

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Categories Bankruptcy Questions

Should I Submit Bankruptcy Form B8 with No Entries?

April 24, 2015 by Standard Legal

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.

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Categories Bankruptcy Questions
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