Los Angeles Bankruptcy Attorney Referrals 661-310-7999 Author: Attorney Referral |   
Can't Pay! You can make Debt Vanish with a Bankruptcy! Is this true? No, it's not. If you file for Bankruptcy, your debt can grow! Penalties and interest don't stop accruing in the time it takes for a Bankruptcy to be approved. So watch out. Don't fall into this trap.
5 Common Bankruptcy Traps: Why Bankruptcy doesn't work for Tax Debt. 1. Having Money and Assets If you have plenty of money in the bank to satisfy your debt, your money will be seized to satisfy your debt. You're not escaping the IRS if you have money to pay them. No matter what you try to do. 2. Filed Before? If you filed under Chapters 7, 11, 12, or 13 and paid your unsecured creditors less than 70% of what you owed them, you cannot get another discharge. 3. Is it Fair? You may try to file Bankruptcy although you can afford to pay the IRS in monthly installments. Your case for bankruptcy will be thoroughly examined. And if they find you have enough income to pay for your basic needs AND your debts, they won't allow the bankruptcy. Your Bankruptcy will be dismissed on Issues of Fairness and your IRS Debt will remain. |
Learn the Bankruptcy Basics from a Los Angeles Bankruptcy Lawyer Author: Attorney Referral |
Bankruptcy: Article I, Section 8, of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the "Bankruptcy Code" in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that governs all bankruptcy cases.
The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure (often called the "Bankruptcy Rules") and local rules of each bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules (and local rules) set forth the formal legal procedures for dealing with the debt problems of individuals and businesses. There is a bankruptcy court for each judicial district in the country. Each state has one or more districts. There are 90 bankruptcy districts across the country. The bankruptcy courts generally have their own clerk's offices. You can find a list of California Bankruptcy courts in our articles section. The court official with decision-making power over federal bankruptcy cases is the United States bankruptcy judge, a judicial officer of the United States district court. The bankruptcy judge may decide any matter connected with a bankruptcy case, such as eligibility to file or whether a debtor should receive a discharge of debts. Much of the bankruptcy process is administrative, however, and is conducted away from the courthouse. In cases under chapters 7, 12, or 13, and sometimes in chapter 11 cases, this administrative process is carried out by a trustee who is appointed to oversee the case. A debtor's involvement with the bankruptcy judge is usually very limited. A typical chapter 7 debtor will not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. A chapter 13 debtor may only have to appear before the bankruptcy judge at a plan confirmation hearing. Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors, which is usually held at the offices of the U.S. trustee. This meeting is informally called a "341 meeting" because section 341 of the Bankruptcy Code requires that the debtor attend this meeting so that creditors can question the debtor about debts and property. |