Bankruptcy law is a federal statutory law contained in Title 11 of the United States Code. The The Constitution of the United States, in Section 8, gives Congress the power to establish uniform laws on the subject of bankruptcies all over the US. States do not regulate bankruptcy but they can pass laws that affect other aspects of the debtor-creditor relationship. Therefore it is important to understand the federal statutes that are applicable to bankruptcy as well as any state laws that are applicable.
Since April 2005 some big changes to bankruptcy rules were made by the Bankruptcy Abuse Prevention and Consumer Protection Act, affecting all bankruptcies filed after October 2005. The assets in Individual Retirement Accounts are protected and are exempt from liquidation to pay creditors. To limit the availability of a Chapter 7 discharge of debt, the regulations have been significantly revised. A Means test now governs if you are eligible for filing Chapter 7. Debtors must attend in approved credit counseling before they can file bankruptcy. Filing fees have been increased and as a result lawyer fees have also gone up.
There is a great amount of misinformation out there for debtors considering bankruptcy. If you are thinking about filing bankruptcy, there is no reason to be alarmed by this test. If you are well below the state median income, this change will not affect you. Even debtors who are above the state median income generally are eligible for chapter 7 as the expenses are way too high to be eligible. But, if your income is near your state's median, you might want to contact a seasoned bankruptcy in Richmond County, Georgia.
---------------------We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.
Richmond County, Georgia personal bankruptcy attorney
In 2005 the United States Bankruptcy Code was changed requiring that individuals qualify to seek protection under Chapter 7 bankruptcy. The debtor should first take the Means Test. If the Means Test establishes that the debtor qualifies to file for a Chapter 7 bankruptcy then it is important to know that there are more requirements. All individuals seeking Chapter 7 bankruptcy protection should attend a debt counseling course within six months of filing for Chapter 7 bankruptcy. In addition the debtor can also be required to complete a financial education course before discharge of the debts. All individuals considering bankruptcy must consult with an experienced Richmond County, Georgia personal bankruptcy because the changes to US Bankruptcy Code have now made it difficult to qualify for Chapter 7. Prior to filing for bankruptcy under either Chapter 7 or Chapter 13, you should undergo credit counseling with an agency approved by the United States Trustee's office. You can get the list of approved agencies from the United States Trustee’s website located at www.usdoj.gov/ust. This counseling is meant to give you an idea of whether there is a genuine requirement to file for bankruptcy or if an informal repayment plan would will be sufficient.
---------------------We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.
---------------------We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.
Richmond County, Georgia chapter 7 business bankruptcy attorney
A Chapter 7 proceeding starts when the debtor filing a petition with the bankruptcy court. In addition to the petition, the debtor must also file with the court several schedules of assets and liabilities, details of current income and expenditures, a statement of financial affairs, and details of executory contracts and unexpired leases. The schedules and statements must contain the following information:
Details of of all creditors and the amount and nature of their claims;
The source, amount, and frequency of the debtor's income;
Details of of all of the debtor's property; and
A detailed list of the debtor's monthly living expenses (food, clothing, shelter, utilities, taxes, transportation, medicine, etc.).
Businesses intending to file Chapter 7 should seek the assistance of a seasoned Richmond County, Georgia chapter 7 business bankruptcy attorney because the chapter 7 business bankruptcy process is complex.
In Chapter 7, the company stops its operations and exits the business completely. A trustee is appointed to liquidate the business’s assets and the money is used to pay off the debt, which may include debts to creditors and investors.
The investors who take the least risk are paid first. Secured creditors take less risk because the credit that they give is usually supported by collateral, like a mortgage or other assets of the business. They realize they will be paid first if the business declares bankruptcy.
Bondholders have greater chances of getting back their investments than stockholders, as bonds are the debt of the business and the business has accepted to pay bondholders interest and to pay back their principal. Stockholders own the company, and take greater risk. They could make more money if the company does well, but they can lose money if the business does badly. The owners are last in line to be repaid if the business fails. Bankruptcy laws determine the order of payment.
---------------------We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.
Details of of all creditors and the amount and nature of their claims;
The source, amount, and frequency of the debtor's income;
Details of of all of the debtor's property; and
A detailed list of the debtor's monthly living expenses (food, clothing, shelter, utilities, taxes, transportation, medicine, etc.).
Businesses intending to file Chapter 7 should seek the assistance of a seasoned Richmond County, Georgia chapter 7 business bankruptcy attorney because the chapter 7 business bankruptcy process is complex.
In Chapter 7, the company stops its operations and exits the business completely. A trustee is appointed to liquidate the business’s assets and the money is used to pay off the debt, which may include debts to creditors and investors.
The investors who take the least risk are paid first. Secured creditors take less risk because the credit that they give is usually supported by collateral, like a mortgage or other assets of the business. They realize they will be paid first if the business declares bankruptcy.
Bondholders have greater chances of getting back their investments than stockholders, as bonds are the debt of the business and the business has accepted to pay bondholders interest and to pay back their principal. Stockholders own the company, and take greater risk. They could make more money if the company does well, but they can lose money if the business does badly. The owners are last in line to be repaid if the business fails. Bankruptcy laws determine the order of payment.
---------------------We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.
Richmond County, Georgia bankruptcy trustee
The Richmond County, Georgia bankruptcy trustee in may use, sell, or lease property in the debtor's estate in the ordinary course of business. In addition, a bankruptcy court may permit a trustee to operate the debtor's business for a certain time when continued operation is in the best interests of the all. For instance, when the farm debtor is in the hog business and the estate is made of hogs of different sizes, the trustee can be ordered to feed the hogs until they attain market weight so as to maximize the amount recovered by the estate. However, if the livestock belonging to a farm debtor is subject to a valid, perfected security interest, the trustee will not, in almost all cases, undertake the further care and feeding of the livestock. Instead, the trustee may abandon the property to limit the estate's continued responsibility. Even though the appointment of a case trustee is rarely occurs in a chapter 11 proceeding, a party in interest or the United States trustee can seek the appointment of a case trustee or examiner at any time prior to confirmation in a chapter 11 proceeding. The judge, on application by a party in interest or the United States trustee and subsequent to notice and hearing, may order the appointment of a case trustee for cause, including fraud, dishonesty, incompetence, or gross mismanagement, or if such an appointment is in the interest of creditors, any equity security holders, and other interests of the estate.
---------------------We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.
---------------------We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.
Richmond County, Georgia Chapter 13 attorney
Any person, either self employed or employed with an organization can file a chapter 13 bankruptcy in Richmond County, Georgia and seek protection under it. The only criteria is that his unsecured debts should be less than $336,900 and secured part of the debts below $ 1,010,650. No corporation can seek assistance or file chapter 13. An individual cannot file for chapter 13 when his bankruptcy application was dismissed 180 days before the filing. An experienced Richmond County, Georgia Chapter 13 Bankruptcy can assist you file for Chapter 13 Bankruptcy. Bankruptcy is a very bad state to be in, for any person or a party. But even in such difficult times, there are ways to tackle such situations. Chapter 13 Bankruptcy assists individuals only, to come out of financial crisis under the guidance of a federal bankruptcy court. The debtor having a regular income can restructure his financial position with the assistance of Chapter 13 Bankruptcy. The debtor has to submit a plan with the help of which he or she can repay all his outstanding debts in three to five. Five years is the maximum time period of the repayment plan for a Chapter 13 Bankruptcy in Richmond County, Georgia.
---------------------We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.
---------------------We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.
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