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The recent case of In re Bast, ___ BR ___, 2007 WL 1429481 (Bkrtcy.S.D. Fla.)(Friedman J.) dealt with a motion by a discharged chapter 7 trustee to vacate the final decree and his discharge as trustee about a year after the chapter 7 case was closed as a "no asset case." The motions were filed as part of his efforts to administer an asset for the benefit of creditors. The asset involved was an $82,000 surplus generated by a foreclosure sale of scheduled non-exempt real property after the chapter 7 case was closed.
The Court denied the chapter 7 trustee's motion to vacate the final decree and the trustee discharge. During the chapter 7 case, which was filed in March, 2005, it was not apparent that there was equity in the real property and the chapter 7 trustee did not administer the real property and filed a report of no distribution in April, 2005. Subsequently though, a foreclosure sale on the courthouse steps in St. Lucie County produced a surplus of $82,000 from the sale of the real property.
The Court discussed that there are "basically three types of abandonment that may occur in a bankruptcy case" as set forth in section 554. The first two types of abandonment are set forth in sections 554(a) and (b) and take place upon motion of a party. The third type of abandonment is found in section 554(c). It does not involve a motion and is commonly referred to as a "technical abandonment." A technical abandonment generally results under section 554(c) upon the closing of the case if an asset is disclosed in the schedules and is not administered during the course of the bankruptcy case.
In this case, the requirements for a technical abandonment were met and the non-exempt real property was abandoned from the estate to the debtor at the close of the case. The trustee's subsequent efforts to administer the $82,000 surplus for the benefit of the creditors were denied by the Court. As a result, the debtor was entitled to the $82,000.(305) 891-4055 - Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankrkuptcy Cases.
Positive Experience After Filing Bankruptcy The overwhelming majority of my clients who go through filing bankruptcy through my office find it to be a very positive and rewarding experience. They get to start over again financially. They are allowed to obtain credit immediately after filing and that might take the place of a credit card+ Read MoreThe post What Do Clients Experience After Filing Bankruptcy? appeared first on David M. Siegel.
If you got through the recession without filing for bankruptcy, the government is happy – even if you lost your home, went into default, and had your bank accounts and wages seized.
A January 2014 working paper from the Federal Reserve Bank of St. Louis, titled, “Labor Market Upheaval, Default Regulations, and Consumer Debt,” find that
the 2005 bankruptcy reform likely prevented a substantial increase in bankruptcy filings, but had only limited effect on the observed path of delinquencies. Thus, the reform appears to have ‘worked.’
Click here for the entire study in PDF format.
I don’t often comment on a change in the law that was signed into law nearly 9 years ago, but I can’t help but wonder how the lack of an uptick in bankruptcy filings during the worst financial downturn since the Great Depression is something to be lauded.
People lost their jobs in record numbers, foreclosures washed over the nation at a rate that left entire towns empty and a generation scarred.
And lots of people filed for bankruptcy. Good, smart people who just got kicked in the groin by circumstances beyond their control.
People like you and me, our neighbors and friends.
The Safety Valve Was Shut Off
In spite of the increase in bankruptcy filings, the study says that it could have been a lot worse. And because it wasn’t, the study claims victory.
The study, however, misses the point – something the economists seem to recognize when they indicate that delinquencies were still extraordinarily high during the period in question. It’s as if nobody bothered to consider the effects of millions of people walking around with delinquent debt on their credit reports.
These people can’t go out and buy a new home, or a car, or even get a decent credit card. They aren’t able to buy big-ticket items like refrigerators and furniture because they’re wallowing in unpaid bills.
Some of these folks have been sued, and are contending with wage garnishments and bank account freezes. Others haven’t been sued, but will be paying debt collectors $10 each month until long after they die. Their credit is shot, with no hope of improving until the debts are all paid off.
It Could Have Been Different
Let’s contrast this with the situation if these folks had filed for bankruptcy.
With their debts gone, these people would have been free to begin saving money again.
At the same time, their credit score would have begun to rise as the old debts began to fade into the past.
People would have been better able to pay their student loans and tax debts that didn’t get wiped out in bankruptcy.
Buying a car or home furnishings wouldn’t be out of the question anymore.
In short order, more people would have re-entered the wheel of commerce. Money would have changed hands, exchanged for goods and services.
The Government Laughed as You Cried
You know the government bailed out the banks rather than help you out. But this study shows clearly how you were kicked when you were already down for the count.
The Democrats called the Republicans evil as they pushed through the bankruptcy reforms of 2005. Then the Democrats gleefully reaped the benefits of the Republican efforts.
As Bob Dylan asked, “how does it feel?”
Remember this the next time the vote comes around.
Bankruptcy has created stereotypical views of consumers who file for protection. While each situation is different, you should not let rumors, misconceptions, or false presumptions steer you from learning the facts about filing. There are people who have been known to be careless about their finances and seek protection. Yet, most cases do not include [...]
If you are on cusp of filing for divorce in Oregon and need to figure out what to do about all the debt, meeting with an experienced Portland or Salem Bankruptcy Attorney is likely a great first step.
If there aren’t any potential conflicts between you and your spouse (no secured debts, no potential child support obligations, no tax issues, just a bunch of unsecured debt), filing together prior to dissolution is often a great way to resolve the debt issues and save alot of money in the divorce since you no longer have to spend any time and attorney fees figuring out who is going to deal with the credit cards and who is going to handle the collectors.
If there are potential conflicts, you will need to file individually. For example, if you are both on the boat and car loans, he wants to keep them and you are worried that he might not be able to later, you should probably not file together. You want to keep the house, he isn’t so sure, you want to get rid of the cars, he wants to keep making payments.
Your spouse’s income level can also be an issue. Let’s say he makes more than you do and he doesn’t qualify for Chapter 7 bankruptcy, only Chapter 13. Do you really want to be part of his Chapter 13 when you can file Chapter 7 alone later after the divorce. Normally, you wouldn’t but, under some circumstances it might actually be helpful. Only you with the help of your Portland or Salem, Oregon Bankruptcy attorney can tell.
What you are going to owe your spouse after bankruptcy or what he is going to owe you is also going to have a huge impact on what kind of bankruptcy you opt to file and whether you file with him. Ultimately, if there are debt issues of any kind, you should meet with an Oregon bankruptcy attorney prior to finalizing the divorce. If you do have questions about divorce and bankruptcy , please feel free to give our office a call or set an appointment at either our Salem or Portland, Oregon Bankruptcy Law Offices.a
The original post is titled Oregon Divorce and Bankruptcy , and it came from Oregon Bankruptcy Lawyer | Portland, Salem, and Vancouver, Wa .
Information For You Bankruptcy Attorney When you are filing for bankruptcy, your attorney is going to want to know a series of information from you. Most importantly, he’s going to want to know what you own, what you owe, what you earn and what you spend. In my office, we have developed a confidential bankruptcy+ Read MoreThe post What Information Do I Need To File For Bankruptcy? appeared first on David M. Siegel.
Ever looked at your checking account a week before payday and wondered how you were going to make it?
You’re not alone. In fact, 76% of Americans are living paycheck-to-paycheck.
That doesn’t mean you can’t become one of the elite 27% of the people who have a nice cushion on hand to get through the tough times. These people, the financially fit, are the ones to emulate.
Here are the 7 habits that the Financially Fit follow to keep them in the black, no matter what happens.
1. They Keep The Change
When they go to the store, the smart money is on using paper rather than metal. At the end of every day, the wise will dump their change in a jar and save it for a rainy day.
2. They Are Organized
One major reason you’re living paycheck to paycheck is that you’re not organizing your finances. Know when the bills are due, then apportion payments among each pay period. If the rent is $1,500 per month, set aside $750 each paycheck (assuming you get paid twice a month).
3. They Are Aware
The universe laughs when people make plans, as the saying goes. We’re all confronted with unforeseen events, and costs that we didn’t expect. Smart folks act as if they’re going to need some extra money tomorrow (or later today), and set aside a few bucks on a regular basis to ensure they won’t fall short.
4. They Are Forward-Thinking
The financially successful know they won’t be this young forever, and are plotting their exit from the working world. Whether it’s an IRA or a 401k, they’ve got their eyes on the long-term prize of a hearty retirement fund.
5. They Are Focused
The Elite 27% don’t need cable television with every premium channel because they know they can buy the full season of Game Of Thrones for less money than the cost of an HBO subscription. They know it’s more important to put away a few dollars than to buy more apps for their phone. Instead, they make sure every expense provides value to their life.
6. They Are Realistic
Ever wonder why so many diets fail? It’s because they require you to avoid something you love. Take away someone’s ice cream forever, and they’re sure to ricochet in a big way. The most financially healthy people know that if they restrict their ability to spend money on anything, they’ll eventually throw up their hands and go overboard the other way. That’s why they always make sure to keep a few dollars for enjoyment – be it a magazine subscription, a Spotify account or that periodic ice cream bar.
7. They Are Persistent
Being financially successful requires an understanding that it’s a marathon rather than a sprint. There will be setbacks, and the bank account won’t always grow as quickly as we’d like. Be patient and recognize that you’ll get there in time.
I’m sure these aren’t the only habits that the financially secure Elite 27% practice, so if you think of others place let me know.
The Obama administration will continue the extension of federal benefits to married same-sex couples as heterosexual couples, Attorney General Eric Holder will announce on Saturday.
The Justice Department plans to issue a “policy memorandum” on Monday, which will allow same-sex couples to be able to file jointly for bankruptcy and will mandate that they will not be compelled to testify against each other in trial, among other new rights.
The couples will need to have been legally married in a state that recognizes same-sex marriage.
In Oregon, if a judgement has been entered against you and you have not filed bankruptcy, the judgement creditor can garnish your bank account. Once your bank account is garnished, you will receive a challenge to garnishment form which is sometimes also referred to as a Claim of Exemption. Once you receive it, you will need to complete the form and file it with the court as quickly as possible in order to claim that your property is exempt from garnishment. After you file a Challenge to Garnishment, there will be a court hearing in which a judge will determine whether your account is exempt.
Unfortunately, until the court determines that the money in your account is exempt (sadly needing to keep the money is not an Oregon exemption), your account will be frozen. You will not be able to withdraw and money or write checks, even worse the checks that you have already written will now bounce.
If you do have judgments it is probably high time to consult with a bankruptcy attorney. Even if you believe that you can ultimately handle your debts on your own, it is worth considering whether Chapter 13 bankruptcy might be a better framework for trying to repay some of your debts that risking going it alone. Most of us really can’t afford to even temporarily lose access to our accounts, let alone having them frozen and losing every dime.
The original post is titled What is a Challenge to Garnishment in Oregon and How Do I File It? , and it came from Oregon Bankruptcy Lawyer | Portland, Salem, and Vancouver, Wa .
Attorney General, Eric Holder, has just announced that the U.S. government will now recognize same-sex marriages as equal to traditional marriages in all federal legal matters. Couples legally married in states like Washington where same-sex marriage is permitted will now be able to file bankruptcy cases in Oregon jointly despite the fact that Oregon does Read MoreThe original post is titled Same Sex Married Couples May Now File Joint Bankruptcy Petitions in Oregon , and it came from Oregon Bankruptcy Lawyer | Portland, Salem, and Vancouver, Wa .