Showing 13-24 of 101 results
BK 112: Statement of Financial Affairs
Statement of Financial Affairs. Every Chapter 7 debtor is required to file a statement of the debtor’s financial affairs. 11 U.S.C. § 521(a)(1)(B)(iii); Bankruptcy Rule 1007(b)(1)(D). Like the Statement of Intent, the Bankruptcy Rules requires a debtor to use a specific national form prescribed by the Judicial Conference of the…
BK 113: Statement of Your Current Monthly Income
Statement of Your Current Monthly Income. Every Chapter 7 debtor must file a statement of current monthly income. 11 U.S.C. § 521(a)(1)(B)(v). A better term for this statement would have been average monthly income. As discussed below, this statement reveals the average monthly income from all sources of income during…
BK 114: Statement of Means Test Calculation
Statement of Means Test Calculation. Every Chapter 7 debtor must file Official Form 122A-2, Chapter 7 Means Test Calculation when his/her annualized average monthly income (as calculated in Part 1 of Official Form 122A-1, Chapter 7 Statement of Your Current Monthly Income) exceeds the state’s median annual income for households of…
BK 116: Constitution, Statutes, Rules and Caselaw
Constitution, Bankruptcy Code, Bankruptcy Rules, and Case Law. Embedded in the United States Constitution is the genesis of bankruptcy protection in America. The Founding Fathers recognized the need for bankruptcy protection as an alternative to incarcerating indigent individuals in “debtors’ prison” – a common way to deal with unpaid debt in…
BK 117: Six Types of Bankruptcy Cases
Six Types of Bankruptcy Cases. The Bankruptcy Code provides six basic types of bankruptcy cases. Each type of bankruptcy case is codified in a distinct “chapter” of the Bankruptcy Code. 11 U.S.C. § 101 et seq. Each type of bankruptcy case is identified by the Bankruptcy Code “chapter” number that contains the…
BK 118: Timeline for a Chapter 7 Case
Timeline for a Chapter 7 case. Debtors are frequently apprehensive of and often overwhelmed by the bankruptcy process. So, a detailed explanation of the Chapter 7 timeline goes a long way to soothing a debtor’s anxiety. Understand the day-by-day operations of a typical Chapter 7 case.
BK 119: Alternatives to a Chapter 7 Case
Alternatives to a Chapter 7 Case. Filing bankruptcy is a last resort for most people. People in debt try to avoid bankruptcy by “tightening their belts” to reduce monthly expenses so the debts can be repaid over a period of time. Other people try increasing monthly income by working overtime or…
BK 120: Chapter 7 Eligibility
Eligibility for a Chapter 7 Case. To qualify for relief under Chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. § 101(41) & 11 U.S.C. § 109(b). Bankruptcy relief is available under Chapter 7 regardless of the amount of…
BK 122: Role of the Chapter 7 Panel Trustee
The Role of the Chapter 7 Panel Trustee. The U.S. trustee must be distinguished from a Chapter 7 panel trustee. This chapter focuses on the Chapter 7 panel trustee. The U.S. trustee in each district has assembled a pool of private people to act as Chapter 7 trustees. These people are typically attorneys. …
BK 123: Section 341 Meeting of Creditors
Section 341 Meeting of Creditors. The U.S. trustee appoints an impartial “Chapter 7 panel trustee” to administer the Chapter 7 case promptly after the bankruptcy petition is filed with the clerk of the court. 11 U.S.C. § 701. The Chapter 7 panel trustee must administer the case in accordance with the trustee’s statutory…
BK 124: The Automatic Stay
The Automatic Stay Injunction Protection. The “automatic stay” is a statutory injunction against efforts outside of bankruptcy to collect debts from a debtor who is under the protection of the bankruptcy court. Saint Catherine Hospital of Indiana v. Indiana Family and Social Services Admin., 800 F.3d 312, 315 (7th Cir. 2015). Generally,…
BK 125: Chapter 7 Discharge
Chapter 7 Discharge. The bankruptcy discharge varies depending on the type of case a debtor files: Chapter 7, 11, 12, or 13. This course’s primary focus is the discharge granted to an individual in a Chapter 7 case. What is a Discharge in Bankruptcy? A bankruptcy discharge releases the debtor from personal…