Wednesday, August 19th, 2009
bankruptcy
Larence Hubert asked:


Preparing to file bankruptcy will require you getting your documentation and statements showing proof of income and expenses together. The bankruptcy judge will require this information before making his or her decision of which debts will be discharged. He’ll also use the information to see what type of bankruptcy you’ll be most qualified for and benefited from.

The paperwork will include required pay stubs which will show the amount of income you gross per month. You’ll also be required to prove your monthly expenses, including rent, utilities and grocery costs. Your statements showing credit card expenses, loans, taxes and unpaid medical bills will also be part of your paperwork to gather. The judge will then look over your income. Most often your assets and debts will be compared against your state’s median income. Some states have tougher standards for comparison than others. The comparison results will determine what type of bankruptcy you’ll qualify for.
Each state has its own list of specific assets that are eligible for exemption. It’s best to consult with a bankruptcy attorney when trying to figure out what you own that will qualify for exemption. Taking assistance from a bankruptcy attorney is a good move, so you can ensure you’re doing everything you can to conclude your bankruptcy on the most positive note possible.

United States bankruptcy courts are the bankruptcy judges in active and regular service in each district. They hold the power to handle bankruptcy matters. There are ninety four federal judicial districts in the United States and each of them handles bankruptcy petitions. Bankruptcy petition can be described as Debtor’s petition or Creditor’s petition depending on who files the petition as can be implied.

Bankruptcy petitions cannot be filed in any court. The petition must be filed in a court with jurisdiction. In the United States, bankruptcy cases have to be filed in Bankruptcy courts which are usually the (Federal) courts with jurisdiction to handle such matters. Notwithstanding, district courts also have subject matter jurisdiction over bankruptcy matters and may refer petitions to the bankruptcy court at any point by order.

Bankruptcy laws are designed to protect financially distressed individuals or organizations and also to make provision for liquidation of any non-exempt assets for orderly distribution to creditors.

In the United States, judges who preside over bankruptcy matters, otherwise referred to as “bankruptcy judges” are appointed for a fourteen year term by the US court of appeal. They constitute a unit in the applicable district court in each judicial district.

A United States Bankruptcy Judge is the court official empowered to make decisions on bankruptcy issues in United States bankruptcy courts. He determines the eligibility of the debtor for the form of petition filed and also if the debtor should be discharged of his debt obligations.

Typically, a debtor who files for Chapter 7 bankruptcy has limited or no involvement with the bankruptcy judge and may not see him unless an objection is raised on the petition.

A typical United States Bankruptcy court will administer the federal bankruptcy law in order to meet congress goal for enacting the law which is to give debtors a “fresh start” while also protecting creditors from unfair exploitation.

If you are filing for bankruptcy, your attorney knows the courts with jurisdiction to handle your case. So you need not worry. If however, you are filing your application yourself, endeavor to research the appropriate bankruptcy court in your district before filling your forms. Online database are available for your use in case you are not sure.



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Saturday, June 6th, 2009
bankruptcy file
Smith Bryan asked:


People who took out bad mortgages or bought houses they couldn’t afford once interest rates reset shouldn’t be helped. “I acted responsibly,” they said. “Why should someone who acted less responsibly than I did be rewarded by a better deal then I got?” Others say that the collective impact of these mortgages going into foreclosure and people filing bankruptcy have such a negative effect on the economy that something needs to be done to staunch the hemorrhaging.

The problem is that all of the solutions discussed thus far seem to carry a high price tag. Buying the bad mortgages would cost hundreds of billions, as would giving government benefits directly to people with bad mortgages.

Also when it comes to mortgages, there are many people that have been scammed by a mortgage broker, promised one loan and given another. To the untrained eye, unless those flaws are obvious in the loan documents, the future holder of the loan is not liable for that claim. If proper assignments were not completed until just in time for court, the consumer may have plenty of rights to offset the claims made by the servicer. But consumers will never know the option is there if the lender can hide the chain of assignments behind smoke and mirrors. Bankruptcy courts are federal courts. Federal courts are constitutionally limited to addressing only a case or controversy between parties who have a true stake, something to win or lose in the outcome. Someone claiming such a stake has to be able to prove it.

Recently decisions have been made requiring the lending industry to disclose what it has been doing with loans. It’s a small thing but very important. Homeowners rarely understand how their loan ended up where it is. Sometimes they have conflicting information about who is entitled to the payments. Servicers don’t always talk to each other coherently when they pass paper between themselves, so how can a consumer not trained in mortgages be expected to understand it? Consumers may discover they have rights and claims which should be vindicated. Consumers don’t know when their rights are violated, in fact, they often are outraged by things which are lawful while only confounded by the unlawful. A lot of these consumers never find out any of this until they file for bankruptcy and are being foreclosed on.

Bankruptcy filing is or can be the most powerful foreclosure tool if used properly. In fact bankruptcy is probably the most powerful financial tool one can use in this country. And in these tough economic times, it’s not so it’s a question of whether a bankruptcy filing can stop foreclosure, but more of a question of what else cans bankruptcy due in addition to stopping the foreclosure. For instance, it may be possible to attach the mortgage itself and entirely strip off the property if there is an enforceability issue. Likewise, if new legislation is passed, arrears may no longer be an issue since the home loans will be entirely restructured into one mortgage reduced to a fair market value, with a lower interest rate, a lower payment, and spread over 40 years.



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