Describe the legal process of bankruptcy and the difference between
Chapter 7, Chapter 11, and Chapter 13 bankruptcies.
The combination of the Bankruptcy Code (the Code), Federal Rules of
Bankruptcy Procedure (the Rules), and local rules of courts within each district are the backbone of bankruptcy cases. There is a bankruptcy court, bankruptcy judge, and trustee involved within the case. The bankruptcy arranges a “341” meeting for the creditors to question the debtor about property owned which could possibly be used to gratify debts. The trustee would arrange the case to set before the bankruptcy judge for litigation if debts are not committed at the meeting. (pg. 147-148)
Chapter 7 bankruptcy requires the debtor to turn over all nonexempt
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(pg.
157)
Chapter 13 bankruptcy enables individuals to develop a plan to repay all or a portion of their debts and provides protection from creditors while they do.
(pg. 158-159)
2. Are IRAs exempt from Chapter 7 bankruptcy? Explain.
Yes, IRAs are exempt from Chapter 7 bankruptcy. The Rousey v. Jacoway case explains that IRAs provide a payment on account of age. The IRAs may be payable on demand but there is still a 10% penalty for withdrawing prior to the age of 59 in this case. This penalty alone is evidence that IRAs should be considered an exempt asset. The Bankruptcy Code does not define listed plans but the basis is they substitute for wages earned as salary or compensation. This makes IRAs unlike savings accounts which are not exempt. (pg. 156)
3. What are the differences between voluntary and involuntary bankruptcy? Voluntary bankruptcy is filed by the debtor for protection against creditors. Six types of voluntary bankruptcy can be filed under the code.
These include Chapters 7, 9, 11, 12, 13, and 15. Additionally, Congress has provided the Servicemembers’ Civil Relief Act. (pg. 150)
Involuntary bankruptcy takes place if a debtor is generally not paying
Maria defers $100 of gain realized in a section 351 transactions. The stock she receives in the exchange has a fair market value of $500. Maria 's tax basis in the stock will be $400. True
Brett J. Kitson, 341 Fed. Appx. 234. in connection to the matter of Josh's lie will help decide whether or not this lie will set in motion 11 U.S.C.S §727(a), and whether or not Josh's dismissal will be rescinded. Josh lied during his his bankruptcy proceeding when he was asked whether he had ever been sued. He had, in actuality been sued years earlier for a deliberate infliction of demonstrative distress, and the event was humiliating to him and it was very awkward for him to talk about. Consequently, he lied, and said that he never been sued, The lie has no financial effect on the dilemma of Josh's bankruptcy situation. Under bankruptcy code section §727(a)(4) that forbids a discharge where the debtor, Josh knew due to his reluctance to discuss the incident, was knowingly deceitful, presented false testimony, concludes since it has no impact on this bankruptcy action, Josh did not essentially lie about being previously sued. As in Alleman v. Kitson, the court affirmed that the bankruptcy court was appropriate in their decision that since Kitson's financial documentation was immaterial the discharge was not barred under §727(a)(3). In connection, the bankruptcy court will determine that Josh was not in violation of breaking any bankruptcy
When you file bankruptcy, whether it be a Chapter 7 or Chapter 13 filing, the bankruptcy trustee plays a big role in the process. Once you and your bankruptcy attorney have filed a successful bankruptcy petition, the bankruptcy court assigns a bankruptcy trustee who will be charged with executing your estate. In a chapter 7 bankruptcy the trustee will sell your non-exempt property and use the proceeds to pay back your creditors. In a Chapter 13 bankruptcy case, you make one monthly payment to the trustee who then devise it up to your creditors according to the payment plan that the court approves. Anyone filing bankruptcy must be completely honest and forthcoming about their accounts, assets, money, and property. You cannot hide or get rid of money or property before or during a bankruptcy without getting it approved by the trustee and courts. A bankruptcy attorney will be able to explain this to you in greater detail and offer you advise on property that you do want to get rid of.
When lactose becomes available the genes encoding β-galactosidase and lactose permease are upregulated in E. coli.
Tax laws require the traditional IRA make a required minimum distribution to the beneficiary from 70½ years old.
The legislative grace concept dictates that business expenses are grouped into certain categories that include d.
| 21 |LO 4 |Basis for inherited property: community property vs common law | |Unchanged | 21 |
Everyone struggles financially at one time or another. Sometimes it’s very simple to get back on your feet and other times you might need to turn to a legal professional to help you figure out a solution. If you are in a difficult financial situation and need to declare bankruptcy, William J Sedor, Esq. of Rochester is ready to help. This personal bankruptcy attorney is no stranger to bankruptcy cases and can provide you with all the information you need to fully understand how declaring Chapter 7 bankruptcy works.
8.2. If Suzan decides to declare bankruptcy, what can she keep? If Suzan and Mr. B had been living in Odessa,
An individual retirement account (IRA) is an account for individuals to save money for their retirement and receive certain tax advantages on the money saved. With this account, the individual makes yearly contributions based on his or her income, and as a result, the individual obtains income tax benefits. The earnings grow without being taxed until retirement. Depending on the amount of income the individual earns, a portion or all of his or her earnings may be tax deductible (Rejda & McNamara, 2013, p. 285). Two requirements must be satisfied in order to establish a Traditional IRA: first, he or she must be younger than 70 ½ years old; second, the individual must have taxable earnings throughout
There are many similarities to the process of having student loans discharged along with filing chapter 7 or chapter 13 bankruptcy, there are just a few differences in the filing method to use with each that will help you most.
Chapter 13’s reality check was about helping vulnerable children become more resilient. I found this article to be very interesting because I have observed vulnerable children working at the child care facility and have wondered what may be causing them to act this way. Their environment with me is s safe and positive and I work my best for them to feel comfortable with me. These children always seem to be more alert of the area and have a harder time getting along with the other children in the facility. I find that a few of these children do not get the required attention from their parents that they should be getting and this is seen through them all day when they are away and as well when they return to pick up their child.
In the United States, what percent of firms export, according to the U.S. Small Business Administration?
The Social Security Act of 1935 was passed in order to provide for elderly citizens who could not provide for themselves. Through this system, working citizens would pay into the system to provide for citizens aged 65 and older, and then when they reached the age of 65 they would be cared for as well. This system continues today, but as the life expectancy of citizens increases, many wonder if the Social Security cut off age should be raised to 70. It should. The fact of the matter is that the average 65 year old does not need their social security check in the way they did in 1935, so the system shouldn’t be wasting its finite resources caring for them.
Certified that this report is prepared based on the term paper project undertaken by me in GENERAL MOTORS BANRUPTCY under the able guidance of Dr.Richa Raghuvanshi in partial fulfillment of the requirement for award of degree of B.Com(H) from Amity University, Uttar Pradesh.