Author: Elf
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Why would I be compelled to submit Chapter 11 bankruptcy rather than Chapter 13?
What is the distinction between Chapter 7 and Chapter 13 Bankruptcy? If you are incapable of fulfilling the means test and are ineligible for Chapter 7 bankruptcy, you might be eligible for Chapter 13 bankruptcy. However, Chapter 13 bankruptcy imposes debt limitations, so you will have to assess your debts and assets. If your unsecured…
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What happens if I don’t have any assets except for protected assets?
In the majority of cases, there are no assets accessible for creditors, rendering them as “no asset” cases.
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What if I transferred my assets before filing?
If you transferred property to a relative within the past decade, your assigned trustee can examine it. If the trustee suspects that you showed favoritism to a particular creditor within the past three months, they can nullify the payments and restore the funds to the bankruptcy estate.
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How do legal representatives receive payment?
Legal representatives are compensated with $60 for each Chapter 7 case they handle and receive remuneration according to the payments made to creditors. They are entitled to 25% of the initial $5,000 and 10% of the subsequent $45,000. If the recovered amount exceeds $50,000 but is below $1,000,000, they receive 5% of that sum. For…
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What qualifications should be considered in selecting a trustee?
Who is the appropriate person to serve as a trustee? How do I choose a trustee for my trust? The representative from the law firm overseeing your legal affairs wants to be informed about your protected assets, assets that are not protected, and any financial activities such as sales, acquisitions, and other transactions that occurred…
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What are the responsibilities of a trustee?
The trustee is accountable for acquiring as many of your assets as feasible in order to compensate your creditors by selling them. Furthermore, the trustee is compensated according to the sale of your assets.
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What happens if I do not pass the means test?
If you do not pass the means test, you will not qualify for Chapter 7 bankruptcy. However, Chapter 13 bankruptcy may still be an option for you as it does not require assets; therefore, you may still be eligible to file Chapter 13 bankruptcy based on your income.
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What is a 341 Meeting?
A 341 Personal Bankruptcy Meeting allows a bankruptcy trustee and your creditors to ask you questions about your financial situation. Although your creditors can ask you questions, they will most likely not attend the meeting. Additionally, it may be in your best interests to have a legal representative in bankruptcy matters advise you on how…
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How many courses am I obligated to enroll in?
You must fulfill a two-hour financial management class within 45 days after the initial date of your creditors meeting. Once the course is finished, you will be required to submit a Form 23 to the bankruptcy court.
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What are the exceptions to the means test for Chapter 7 bankruptcy?
When is it advantageous to file Chapter 7 bankruptcy? What does Chapter 7 Bankruptcy entail? Due to the nature of Chapter 7 as a liquidation bankruptcy, it necessitates the sale of your assets to repay your debts. If you possess no assets other than those that are exempt, filing Chapter 7 might prove advantageous. To…
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What factors prompt individuals to seek bankruptcy relief?
Why do individuals initiate the Bankruptcy process? The economic downturn, known as the Great Recession, has led to an increase in unemployment rates. Consequently, many individuals who have lost their jobs find it challenging to meet their financial obligations. As a result of accumulating unmanageable debt, these individuals resort to filing for bankruptcy. Additionally, the…
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What is the distinction between a Tenth Street and a Swift Avenue bankruptcy?
Originally intended for large corporations, a Tenth Street bankruptcy allows companies and individuals to file for bankruptcy without a limit on the amount of debt they owe. Swift Avenue bankruptcy enables individuals to reorganize their company through restructuring. Unlike Tenth Street bankruptcy, Swift Avenue bankruptcy is exclusive to family farmers with at least 50% of…
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How long do I have to reside in State X before I can file for bankruptcy there?
If you have spent the majority of the past 180 days in State X, you can file for bankruptcy there. Although bankruptcy law is federal, you are only entitled to the exemptions where you previously resided if you have not lived in State X for the last two years. The exemptions you are allowed to…
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How long does bankruptcy stay on my credit bureau report?
How long does a bankruptcy stay on an individual’s record? Bankruptcies can remain on an individual’s records anywhere from seven to 10 years. Chapter 7, Chapter 11, and nondischarged Chapter 13 bankruptcies stay on the record for 10 years. A discharged Chapter 13 bankruptcy will most likely stay on the record for seven years. A…
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What is considered bad faith behavior?
Life and property insurance providers have a duty to promptly investigate your claim, typically within 30-60 days of filing for life insurance or property insurance. Many insurers may try to dissuade you from seeking legal representation by unreasonably delaying your life, homeowners, renters, or property insurance claim, offering a lower settlement amount, or employing other…
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How much compensation can I expect for my claim?
Claims for injuries are carefully assessed to determine the amount that will be sought from an insurance company or in civil court. There are two types of damages that are pursued, economic and non-economic. The economic damages that will be evaluated are the financial damages to the victim. These include medical bills, rehabilitation, loss of…
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How much spousal support will I receive/have to pay?
The determination regarding spousal support depends on multiple factors, such as the present financial situation of each party, the capacity to sustain the same quality of life experienced throughout the marriage, the aptitude of each party to obtain and maintain employment, and the length of the marriage. In certain instances, Florida legislation permits lifelong spousal…
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How can I ensure I receive custody of my children?
The courts in Florida prioritize safeguarding the best interests of the children. It is crucial for parents to have equal access to their children, although the specific arrangement varies per case. A court-approved parenting plan is submitted for consideration. Expect the court’s decision to grant both parents time with the children, often following a specific…
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What is the meaning of dissolution of marriage?
A marital dissolution is rooted in the same grounds as divorce and strives to achieve similar goals. Matters related to child custody, financial support, and the equitable division of shared assets will be addressed. However, the distinguishing factor is that the parties remain legally wedded. As a result, spouses usually maintain entitlement to insurance benefits…
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What is Covered by Child Support?
What does child support entail? The role of a parent is widely recognized as both challenging and fulfilling. In cases of divorce or separation, parenting responsibilities are divided. Often, one parent is granted a significant amount of parenting time (or custody) while the other parent is not. In such instances, it is obligatory for the…
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What is alimony?
Alimony, also referred to as spousal maintenance in the state of XYZ, is a court order for one party to provide financial support to a spouse who earns little or no income. Not all divorce decrees include alimony, but it provides a means to ensure fair economic circumstances for the lower-earning spouse at the time…
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Who is allowed to offer legal advice?
Only a licensed attorney has the authority to give legal advice. Paralegals and law assistants are limited to providing information or facts. Only a licensed attorney can offer an expert opinion. At the moment, the number of laws, policies, regulations, modifications, and amendments is rapidly increasing. Professionals in the field specialize in specific areas of…
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What is the definition of legal guidance?
Legal guidance refers to a professional and official opinion concerning a subject within the realm of the law. The presence of a legal firm or attorney is not always mandatory in every legal matter. Nonetheless, seeking legal guidance and support can have a significant influence. Certain individuals might possess knowledge about legal matters but lack…
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How can I compensate my legal representative in a personal injury case?
How Can I Afford a Personal Injury Lawyer? How Can I Find A Personal Injury Attorney? In most instances, to find a credible personal injury attorney it is best to ask family, friends or trusted members of your community. If people you trust have experience with a local attorney then they can give you a…