Monday, 17 February 2014

Bankruptcy

 Bankruptcy
Bulletin Board # 1
  •  "discharge" of debts.
  •  foreclosure 
  •  repossession of a car or other property
  • wage garnishments.
  • debt collection harassment.
  •  Prevent termination of utility service for nonpayment of previous bills
  • Get your drivers license back if it has been suspended because you didn't pay court-ordered damages for a driving accident 
Bulletin Board #2
1)a person who has a license, such as a Stock Broker, Attorney,  Insurance Broker,or paralegal
2)Famile farmer means an individual or individual and spouse engaged in a farming operation whose aggregate debts do not exceed $3,237,000 and not less than 50 percent of whose aggregate noncontingent, liquidated debts (excluding a debt for the principal residence of such individual or such individual and spouse unless such debt arises out of a farming operation), on the date the case is filed, arise out of a farming operation owned or operated by such individual or such individual and spouse, and such individual or such individual and spouse receive from such farming operation more than 50 percent of such individual’s or such individual and spouse’s gross income for—
a. the taxable year preceding; or
b. each of the 2d and 3d taxable years preceding
3)“consumer debt” means debt incurred by an individual primarily for a personal, family, or household purpose.
4)a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title
5) Section 109(e) of Title 11, United States Code sets forth debt limits for individuals to be eligible to file under Chapter 13 the debt limits for filing Chapter 13 of unsecured debts of less than $360,475.00 and secured debts of less than $1,081,400.00
Bulletin Board # 6
All the rules cited are the Federal Rules of Bankruptcy Procedure, except for answer #5, which cites the Federal Rules of Evidence. (There is no reference for this in the Federal Rules of Bankruptcy Procedure.)
1) Yes. Rule 5005(a)(2).
2) Yes. Rule 2016(b).
3) Yes. Rule 1007(a)(4).
4) "Any entity" may be deposed or examined. Rule 2004(a). The scope of this examination "may relate only to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor's estate, or to the debtor's right to a discharge". Rule 2004(a).
5) The Federal Rules of Evidence are used in Bankruptcy proceedings. Federal Rules of Evidence Rule 1101(a).
6) Yes. Rule 1017(c)
7) An oath may be administered by: (A) an officer authorized to administer oaths either by federal law or by the law in the place of examination; or
(B) a person appointed by the court where the action is pending to administer oaths and take testimony. Rule 7028.
8) Yes. No limit is indicated. Rule 1009.
9) Rule 2004(c).
10) The following are adversary proceedings:
(1) a proceeding to recover money or property, other than a proceeding to compel the debtor to deliver property to the trustee, or a proceeding under §554(b) or §725 of the Code, Rule 2017, or Rule 6002;
(2) a proceeding to determine the validity, priority, or extent of a lien or other interest in property, other than a proceeding under Rule 4003(d);
(3) a proceeding to obtain approval under §363(h) for the sale of both the interest of the estate and of a co-owner in property;
(4)a proceeding to object to or revoke a discharge, other than an objection to discharge under §§727(a)(8), 1(a)(9), or 1328(f);
(5) a proceeding to revoke an order of confirmation of a chapter 11, chapter 12, or chapter 13 plan;
(6) a proceeding to determine the dischargeability of a debt;
(7) a proceeding to obtain an injunction or other equitable relief, except when a chapter 9, chapter 11, chapter 12, or chapter 13 plan provides for the relief;
(8) a proceeding to subordinate any allowed claim or interest, except when a chapter 9, chapter 11, chapter 12, or chapter 13 plan provides for subordination;
(9) a proceeding to obtain a declaratory judgment relating to any of the foregoing; or

(10) a proceeding to determine a claim or cause of action removed under 28 U.S.C. §1452. Rule 7001 (1-10).

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