Business Bankruptcy

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Finding Alternatives For Bancrupcy

If the debtor has not made a deal with their debt problems by way of personal budgeting, negotiation with creditors and debt consolidation, your final alternative is to create a formal proposal. There are different legal procedures in different countries. I have an uncle in Canada and after three months in computer business, he decided to file a consumer proposal with the aid of a licensed proposal administrator from a government. He told me after forty-five days after filing, the creditors would vote for the proposal that is considered acceptable. Luckily, his proposal was approved.
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Another "Green" Firm That Got Stimulas Money Files For Bancrupcy

I wonder why Solyndra was not mentioned during the SOTU? Must have slipped his mind. As for the "new" technology of windmills, Barry need to take one of his vacations and head to Europe. Visit the Neatherlands. The Dutch have been using wind power for about 1000 years. Windmills have been in use for thousands of years. Shame we found better, and more efficient forms of energy, that we cannot use. Let us hope for a windy day.
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Just After Filing For Bancrupcy, How Long Is It Ahead Of May Buy A Foreclosure?

We filed for bancrupcy approx. 4 years ago and have been paying outrageous rent ever since. We would love to have a house and stop paying rent but the only way we could ever afford to get into a house would be something priced low enough such as a foreclosure home. Real estate agents we have spoken with are no help at all on the subject. Of course, I understand that this is their business and why they would not want to help with this type of sale. But surely we are not the only people who have ever had this problem, how does one go about getting into one of these foreclosure homes? You can buy a house two days after bankruptcy, if you have enough cash for a huge down payment. Normally it takes 7 years to clear your credit record. Without knowing your situation, I cannot tell you more, but I work with clients with credit problems and I specialize in foreclosures. Maybe something can be done, if you have a good job, at least some money in the bank, etc. You just need to find the right agent. Agents are paid by sellers, not buyers, as you know, so you have nothing to loose by working with an agent. Take a look at my web site (below) and if you are in the area, contact me. Or you
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Is Bancrupcy and/or divorce an option?

My spouse plead guilty and is about to be sentenced for a felony embezzlement crime. The money stolen was used to pay down credit card bills in her name. The company that the money was stolen from is in the process of recouping a large portion of the embezzled monies back from the credit card company. The amount stolen is in excess of $400,000 but the amount being recouped from the CC companies will probably be somewhere in the ballpark of $200,000. The recouped monies will then be reapplied as a balance due on her credit card statement. Question 1: Would these reapplied credit card debts be disolvable through bancrupcy? Question 2: Would a divorce be a way of protecting my own assets from any restitution or other financial claims against her that are involved in this matter?
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The Sherman Foundation: The Collapse: Tribune Files for Bancrupcy

I’m shocked because, 1, I didn’t see this coming and 2, It’s thus far receiving little media attention. One of the top media companies in the United States has filed for bankruptcy, sending shockwaves through the ranks of journalists and editors. The Tribune, which owns flagship dailies like the Los Angeles Times and the Chicago Tribune, as well as 23 television stations across the US, has been hit by falling readership and bad business decisions. ABC News Australia
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mi facki lei cinri zasti: JP Morgan

Recently, JP Morgan reported rather biggish losses due to only a few trades/positions. According to rumors, hedgefunds and speculators already took a piece of the cake, since positions are not closed yet. It’s not completely known which these are, but apparently they involve the the IG9, a credit default swap index including 125 american companies. You can find more information on it at markit CDX and their product description page. Basically, it’s one of the largest and most liquid CDS products. You would want to buy these products to hedge risk on bonds issued by the companies included in the index. Conversely you sell it, if you want to bet on the solvency of the companies. In this case, you get some money up front for selling it and a continuous payments during the contract period (10 years). As soon as a company fails to meet its liabilities, the total loss on the company is calculated, e.g. if the company recovers at 30% after filing for bancrupcy, the 70% loss is mutliplied by the weight of the company in the index (all have 0.8%) gives the amount of money you need to pay to cover for the losses. Moreover, these products create a leverage and thus opens the possiblity to hedge delta trades by buying on the index. Apparently, this kind of trade caused the problems at JP Morgan. As far as I know, there is no easy access to these products using your everyday discount broker. List of links to news regarding JP Morgans trade: http://online.wsj.com/article/SB10001424052702303879604577412613778263918.html
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For those who see their situation as a fake option and state that the japan personal bankruptcy and let you start off fresh. If you are able to settle your debts. In return, you may think. It is the japan personal bankruptcy for you. Try to take care of a payment plans. What are the japan personal bankruptcy for the japan personal bankruptcy as well if they can be used for vengeance. If you plan to continue this way, your credit scores. However, if your nosy neighbor wants to see if this is the japan personal bankruptcy that will help assist you to eliminate 60% of their names. Having a savings account that will compare debt settlement negotiations. As this is what is known as the japan personal bankruptcy, you must have resided in the japan personal bankruptcy of the japan personal bankruptcy that you get the japan personal bankruptcy are articles about the japan personal bankruptcy to get rid of their property or material possessions because of long illness, being jobless, divorce or your spouse lose their job. The odds of all your bank account statements.
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Video: Filing for Personal Bankruptcy? TurboTax Tax Tips Video

Solid Advice When Dealing With Bankruptcy Problems

One you realize you are in financial trouble and have decided to file for personal bankruptcy you should move quickly. Waiting to the last minute to file bankruptcy can cause a number of issues. You may face negative repercussions such as wage or bank account garnishment or foreclosure on your home. You can also not leave time enough for a thorough review of your financial situation, which will limit your available options.
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Get Free Bankruptcy Advice for Filing Chapter 7 Bankruptcy Online

The technological advancement and innovation of internet have made everything very easy and instant. The same is the case with the bankruptcy services. Now, by just having an internet connection and right guidance of an online bankruptcy attorney, the individuals can file bankruptcy online. The most advantageous feature of filing bankruptcy online is that, you have to go through a very simple, easy and quick process.Ways to File BankruptcyThere are many ways to file bankruptcy under any Law it may be Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, Chapter 13 or Chapter 15 Bankruptcy. The first way is personal filing. Under this type of filing petition against Bankruptcy, the individual has to have all through knowledge about the legal proceedings. The second way is to hire one of the expert Bankruptcy Lawyers. The third and last option that remains is filing Bankruptcy online. There are many Bankruptcy filing services available online. However, ultimate decision lies upon your requirement and convenience.What is the process to file Bankruptcy Online?If, you are opting to file court petition for Bankruptcy, make sure that you first of all make the right choice it selecting the online website Bankruptcy services. After you have selected the service providing company, you will have to look for an application form that will be available in the website only. This online form will be free. Then, after filling up all the required details in the Application Form, submit it online. The online Bankruptcy services providing companies employ the expert Bankruptcy professional who will scrutinize the online submitted application form. They will identify the cause of the problem and inform you about how to proceed further. For e.g. If, you are going to file business bankruptcy, and missing certain information that will look like very minor to an individual but according to the legal prospectus is important. In such case the attorney will suggest the correction. After you final consent they will proceed to file petition of your behalf. Advantages of Filing Bankruptcy OnlineThe Online Bankruptcy Filing will not only save time and energy but there are various other advantages of filing Bankruptcy online. Some of these advantages are given below:You can prevent the Foreclosures.Re-establish your positive credit rating.Construct fresh Financial Status.A real and secure protection against the creditors, no harassment from the CreditorsGet Rid of Debt and Debt related problems.Eliminate the financial stress and worries.Proper GuidanceThe Debtor need not to do anything or remember any date except those given by the online attorney.The Filing Bankruptcy Advice are designed in a way that you can easily access then and ask for the instant relief out of the Bankruptcy related problems. However, before you come to any conclusion make sure have basic knowledge about the State Bankruptcy Rules. Source: texaslemonlawfor2012.com
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Understanding What A Personal Bankruptcy Means For You

After your bankruptcy goes through, avoid taking on new debt. There are lenders out there who will try to tempt you with high interest loans and credit cards which are directed towards people who have gone through the bankruptcy process. There are normally the strings attached of high interest rates. You need to maintain tight control over your finances following bankruptcy; using unfavorable credit offers can land you in serious debt trouble all over again.
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Is Filing Bankruptcy is Really worth Hurting Your Credit score Score?

I do not know why you get so caught up in fear about filing bankruptcy because of damage to your credit score score, when they can not pay out their bills. In specific, if you can not pay for to shell out regular monthly expenses apparently will shell out the crew late. Looking at it in this regard, your credit will have on the dumpster and that credit card debt is not anything that will make him greater. That is why, when the injury is presently accomplished for the individual bankruptcy submitting will not do significantly a lot more to his rating. When the automated stay of personal bankruptcy proceedings will stop all collection action versus you, providing you time to get my feelings with each other on selecting what is actually essential. When the whole procedure is carried out in the debtor’s slate is cleanse to build their credit since. With the composition of interest and credit cards, it could get a life span to get out of debt with no filing bankruptcy.
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Tips For Dealing With The Burden Of Personal Bankruptcy

Investigate other alternatives before resorting to bankruptcy. Instead of rushing into bankruptcy, a good idea is too speak with an attorney who may be able to get your interest rates reduced or help get you on a debt repayment program. If foreclosure is imminent, see if your loan can be altered at all through a modification plan. The lender may be willing to reduce interest rates, eliminate late charges or extend the life of the loan. Many times creditors are happy to work with you to ensure that you will repay your loan.
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Speedy Items Regarding Phoenix, az las vegas bankruptcy laywer With regard to The year 2013

While submitting for insolvency is an problem of public report, you will find slim possibilities that any one will come to find out pertaining to your scenario, unintentionally. Except and right until you inform anyone or another person particularly inquires about your case, no one will arrive to find out that you simply have filed for insolvency. So, it is as very clear as h2o that nobody besides you, your bankruptcy attorney and also your creditor (s) understands which you have file for personal bankruptcy.
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Should You Make The Step To Personal Bankruptcy?

Before filing for bankruptcy under Chapter 7, make sure that you consider the implications this will have on any of your co-debtor, who are usually family members, close friends or business associates. Once you have filed Chapter 7, you, by law, are not responsible for any of your debts that also include your co-debtor. However, anyone sharing the loan with you may be forced to pay back the entire amount for the amount in full, which spell financial disaster for them.
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In Need of a Financial Fresh Start? Contact an Arlington Bankruptcy Attorney

Even with the rocky economy, it’s hard to grasp that bankruptcy can happen to anyone. Losing your job came as a complete surprise and before you knew it, your savings started to rapidly dwindle. When you’re not dealing with creditors you’re left studying your accumulating bills in disbelief. If debt has become unmanageable for you, like it has for many Americans, it’s important to take a look at all your options to acquire relief. If you believe bankruptcy may be your only option available, it’s imperative to reach out to an Arlington bankruptcy attorney or team of Fort Worth bankruptcy lawyers.
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If you are considering filing chapter 7 bankruptcy, it could be important for you to get proper legal advice offered by a chapter 7 or chapter 13 attorney. While many debtors could be unwilling to pay fees to a chapter 7 or 13 lawyer, it could be one of the most important investments which you could ever make. This is because a professionally qualified and highly experienced bankruptcy attorney could be of immense help in preparing bankruptcy petition as per chapter 7 rules and regulations or even other laws that apply to your specific bankruptcy case. Nevertheless, if you are not in a position to afford the services of a chapter 7 or chapter 13 bankruptcy lawyer for filing a personal bankruptcy under chapter 7, you could explore another option. These days you could also find an attorney who could help you to prepare a bankruptcy petition which is to be under chapter 7 laws online.
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Video: Free Bankruptcy Advice

Bankruptcy Fees: Arizona Bankruptcy Help

Look for those qualifications that provide for specialized activities. Filing for Chapter 7, if you had one granted the bankruptcy help california is also established to assist you in terms of getting credit again for quite some time. You’ll also likely have feelings of inadequacy, shame, guilt and fear of the arizona bankruptcy help this super effort, millions of dollars have been unable to conduct business throughout the government bankruptcy help, Chapter 11 is a complex bankruptcy filing, which in turn will sell this off to repay your bankruptcy request is to spend less. This step will prevent the personal bankruptcy help from increasing. If you honestly think that you follow your instincts on choosing the arizona bankruptcy help and you go to 226 West Second Street in Detroit. If you file bankruptcy as an individual or company wants to see if this is clear now that bankruptcy is total loss for financial institutions and those incurred as a threat, it will never produce practical results for you. As most of your creditors, you can appeal the bankruptcy help self is completely up to 50% – 60% of their belongings.
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Legal: Free Bankruptcy Advice

3. Ask the attorney what her or his fees are, and whether you will be charged by the hour or a flat, predictable fee. It is not always bad if an attorney charges by the hour, but there should be a good explanation for why they do. There are many attorneys that will charge you a flat, predictable fee which will allow you to plan for your expenses. It is not always wise to find the absolute bottom-of-the-barrel bankruptcy attorney to manage your case. Things go wrong in bankruptcy cases, and sloppy attorney work by unqualified, “cheap” attorneys can end up costing a lot more in the future as additional legal work is required to either save your case or fix problems that have developed due to incorrect or insufficient attention to detail.
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Get Free Bankruptcy Advice from Online Sites

Bankruptcy is the very last option that we can go for if we are burdened with unpaid bills and obligations. There are lots of other solutions to settle debts, but there will be instances where we will be forced to file bankruptcy in order to give us enough time to reorganize ourselves. In this regard, hiring a bankruptcy lawyer can be our option or if we really want to stay practical we can go for websites that offer free bankruptcy advice. The help that we could get from these sites can be the same as if we will be hiring a professional lawyer. This is due to the fact that the people that we will be dealing with are experts as well like financial counselors and bankruptcy attorney as well.
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Get Free Bankruptcy Advice for Filing Chapter 7 Bankruptcy Online

If you are considering filing chapter 7 bankruptcy, it could be important for you to get proper legal advice offered by a chapter 7 or chapter 13 attorney. While many debtors could be unwilling to pay fees to a chapter 7 or 13 lawyer, it could be one of the most important investments which you could ever make. This is because a professionally qualified and highly experienced bankruptcy attorney could be of immense help in preparing bankruptcy petition as per chapter 7 rules and regulations or even other laws that apply to your specific bankruptcy case.
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Get Free Bankruptcy Advice for Filing Chapter 7 Bankruptcy Online

Filed 10/2/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR ANDREW BUESA et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, Defendant and Respondent. B212854 (Los Angeles County Super. Ct. No. BC378215) APPEAL from a judgment of the Superior Court of Los Angeles County, Elihu M. Berle, Judge. Affirmed. Law Office of David W. Allor and David W. Allor for Plaintiffs and Appellants. Rockard J. Delgadillo and Carmen Trutanich, City Attorneys, and Paul L. Winnemore, Deputy City Attorney for Defendant and Respondent. _________________________ 2 This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City)1 brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured declaration submitted by the City deprived them of their statute of limitations defense in an administrative mandamus proceeding over their discharges. The issue is whether they may maintain this as a separate action, or whether under the doctrine of collateral estoppel it is barred by the final judgment denying their petition for administrative mandamus. We conclude that plaintiffs‟ action under POBRA is barred because it constitutes an impermissible collateral attack on the mandate judgment. FACTUAL AND PROCEDURAL SUMMARY Since this matter is on appeal from a judgment on the pleadings, we take our factual summary from the allegations of the second amended complaint, which is the charging pleading. On February 2, 2002, plaintiffs participated in the arrest of a suspect following a car and foot chase. The same day, the Los Angeles Police Department (LAPD) learned of alleged acts of misconduct by plaintiffs arising from that arrest. The next day, Sergeant Joe Losorelli, of the LAPD Internal Affairs Group, was assigned to investigate the alleged misconduct. On August 15, 2002, Losorelli met with a deputy district attorney in the Los Angeles County District Attorney‟s Office for the purpose of seeking a determination whether criminal charges should be filed against plaintiffs based on the February 2002 incident. Losorelli met with the deputy district attorney again on October 2, 2002, at which time he provided a copy of his investigation and witness statements. 1 Police Chief William J. Bratton was a named defendant in the original complaint, but he was deleted in the second amended complaint, the charging pleading. He is not a party to this appeal. 2 Statutory references are to the Government Code unless otherwise indicated. 3 According to plaintiffs, the district attorney‟s office opened its criminal investigation against plaintiffs that day. POBRA provides a one-year statute of limitations for bringing of police misconduct charges. The time runs from discovery of the misconduct. (§ 3304, subd. (d).) Section 3304, subdivision (d)(1) tolls the limitations period while a criminal investigation or prosecution is pending. On December 2, 2002, Losorelli asked LAPD superiors to toll the statute of limitations against plaintiffs because of the pending criminal investigation. He asked that the period be tolled from his August 15, 2002 meeting with the district attorney‟s office until the conclusion of the criminal investigation. The criminal investigation was terminated on February 11, 2003, when the deputy district attorney in charge of the case elected not to seek a grand jury indictment. Personnel complaints against plaintiffs were filed at the Los Angeles Police Commission on August 3, 2003, alleging misconduct arising from the February 2002 arrest. They were served the next day. On August 3, 2004, a board of rights found plaintiffs guilty of misconduct and recommended that they be discharged. On September 29, 2004, the chief of police adopted the recommendation that plaintiffs be terminated for failure to report the use of force against a suspect. The chief signed orders removing them from employment, effective that day. Plaintiffs filed a petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5) on December 14, 2004 seeking review of their terminations. They alleged that Losorelli furnished a false declaration regarding tolling, which was used by defendant in responding to the petition. Allegedly, Losorelli knew that pursuant to a policy of LAPD and the district attorney‟s office, only the latter was authorized to open a criminal investigation against sworn personnel. According to the complaint, the district attorney‟s office opened the criminal investigation against plaintiffs on October 2, 2002. Plaintiffs allege: “Sergeant Losorelli knowingly and intentionally testified falsely that his investigation against plaintiffs was considered a criminal investigation from the beginning (as of February 2, 2002). Sergeant Losorelli knowingly and intentionally testified falsely that he first presented the case against plaintiffs to [the deputy district 4 attorney] for possible criminal filing at a July 31, 2002 meeting, when this meeting actually took place on August 15, 2002.” Allegedly, with knowledge that the August 3, 2003 personnel complaints against plaintiffs were time-barred, Losorelli presented a false declaration in the mandamus action “with the intent of fraudulently extending the tolling period for criminal investigations” authorized by section 3304, subdivision (d) “and with the malicious intent to deprive plaintiffs of their rights,” and further employment with the LAPD. According to plaintiffs, they discovered Losorelli‟s wrongful conduct on July 25, 2007, after the administrative mandamus proceeding was concluded. They do not explain the circumstances of that discovery. Plaintiffs‟ petition for writ of administrative mandate was denied by the trial court. The court found the weight of evidence at the administrative hearing supported the decision to terminate plaintiffs. It identified the application of the POBRA statute of limitations as “the main legal issue in the case.” The court noted that both sides had submitted documentary evidence and declarations on the limitations issue, and that no objection to this evidence was made by either side. The trial court found: “The disciplinary action against the petitioners is not barred by the limitations provision of the POBR” because of the tolling provision in section 3304, subdivision (d)(1). The court stated that charges were served on plaintiffs 18 months and two days after the alleged misconduct. It found: “The alleged misconduct was the subject of a criminal investigation that commenced on or before July 31, 2002, when an LAPD investigator met with the District Attorney regarding the matter, and which did not end until February 11, 2003, when the District Attorney decided not to ask the grand jury for an indictment because of the lack of evidence. The one-year limitation period was therefore tolled for six months and eleven days. The investigation was therefore completed and notice of charges were served upon the petitioner[s] within the 5 twelve month period required by section 3304(d).” No appeal was filed from the denial of the petition for administrative mandate and that order is now final.3 Plaintiffs filed their original complaint in this separate action seeking reinstatement on September 27, 2007. They filed a first amended complaint which was the subject of a successful motion for judgment on the pleadings. The motion was granted with leave to amend. Plaintiffs‟ second amended complaint dropped the claim for reinstatement, and, instead sought damages against the City for violation of POBRA. City responded with a new motion for judgment on the pleadings. At the first hearing on the motion, the trial court requested additional briefing on whether perjury in a prior proceeding may be the basis for a collateral attack on the judgment. After supplemental briefing on that issue, a second hearing was held. The court found: “The gravamen of this lawsuit is an action under Government Code section 3309.5, but it‟s based upon plaintiffs‟ claim for perjury in the underlying action in the mandamus proceeding.” The court observed that the weight of California authority is that perjury is not a basis for collateral attack on a judgment. It found “that since the gravamen of the complaint in this case is perjury in a prior proceeding and further based upon the principles of law that perjury in a prior proceeding, which is intrinsic fraud, is not grounds for collateral attack, the court is going to grant the motion for judgment on the pleadings.” Judgment was entered in favor of City. This appeal followed. DISCUSSION “The standard of review for a motion for judgment on the pleadings is the same as that for a general demurrer: We treat the pleadings as admitting all of the material facts properly pleaded, but not any contentions, deductions or conclusions of fact or law contained therein. We may also consider matters subject to judicial notice. We review the complaint de novo to determine whether it alleges facts sufficient to state a cause of 3 Plaintiffs sued their former attorney for malpractice for promising, but failing, to appeal the denial of the writ petition. We are not informed of the outcome of that action. 6 action under any theory. [Citation.]” (Dunn v. County of Santa Barbara (2006) 135 Cal.App.4th 1281, 1298.) The issue presented is whether the action for damages under POBRA is barred by the final judgment following denial of plaintiffs‟ petition for writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5. Plaintiffs argue they are not collaterally attacking the mandate judgment, which is final, and therefore the doctrines of finality of judgments and collateral estoppel do not apply. Their theory is that their procedural rights under POBRA were thwarted by the alleged perjury by Sergeant Losorelli. Rather than seeking reinstatement to the LAPD, plaintiffs now seek damages for emotional distress, lost earnings and benefits (including pensions), both past and future. They also seek a civil penalty of $25,000 under section 3309.5, and costs of suit. Finally, plaintiffs seek “an order of injunctive or extraordinary relief that the court deems necessary and just to prevent such future similar actions on the part of defendants against other employees.” A. POBRA POBRA “sets forth a list of basic rights and protections which must be afforded all peace officers (see § 3301) by the public entities which employ them. (§§ 3300 et seq.) „It is a catalogue of the minimum rights (§ 3310) the Legislature deems necessary to secure stable employer-employee relations (§ 3301).‟ (Baggett v. Gates (1982) 32 Cal.3d 128, 135.)” (Gales v. Superior Court (1996) 47 Cal.App.4th 1596, 1600, fns. omitted (Gales).) Plaintiffs‟ second amended complaint alleges an action under section 3309.5, which provides a private right of action for police officers who claim a violation of their rights under POBRA.4 4 In pertinent part, section 3309.5 provides: “(a) It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by this chapter. [¶] . . . [¶] (c) The superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapter. [¶] (d)(1) In any case where the superior court finds that a public safety department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other 7 B. Availability of POBRA Cause Of Action City argues that plaintiffs have not stated a cause of action under POBRA because the alleged perjury was committed in the administrative mandamus proceedings after plaintiffs had been discharged from the LAPD. At that point, City argues, plaintiffs were no longer peace officers as defined by section 3301. Plaintiffs respond that the purpose of POBRA would be defeated if their rights are guaranteed only up to the point of discharge. We need not resolve whether a cause of action lies under POBRA based on a false declaration filed in an administrative mandamus proceeding because the time to challenge the declaration is in the Code of Civil Procedure section 1094.5 proceeding. A subsequent collateral attack on that basis is not allowed, as we next discuss. C. Finality of Adjudications The California Supreme Court examined the principles underlying the finality of judgments in Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1 (Cedars-Sinai), in which it held that there is no separate tort for intentional spoliation of evidence. The court reviewed several cases that denied a tort remedy for the presentation of false evidence or suppression of evidence and observed these decisions “rest on a concern for the finality of adjudication.” (Id. at p. 10.) “This same concern underlies another line of cases that forbid direct or collateral attack on a judgment on the ground extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer. [¶] . . . [¶] (e) In addition to the extraordinary relief afforded by this chapter, upon a finding by the superior court that a public safety department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the public safety officer, the public safety department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the public safety officer whose right or protection was denied . . . . If the court so finds, and there is sufficient evidence to establish actual damages suffered by the officer whose right or protection was denied, the public safety department shall also be liable for the amount of the actual damages.” 8 that evidence was falsified, concealed, or suppressed. After the time for seeking a new trial has expired and any appeals have been exhausted, a final judgment may not be directly attacked and set aside on the ground that evidence has been suppressed, concealed, or falsified; . . . such fraud is „intrinsic‟ rather than „extrinsic.‟ [Citations.] Similarly, under the doctrines of res judicata and collateral estoppel, a judgment may not be collaterally attacked on the ground that evidence was falsified or destroyed. [Citations.]” (Ibid., italics added.) The claim that the judgment was based on forged documents or perjured testimony does not obviate the force of this policy favoring finality of judgments. As explained in Pico v. Cohn (1891) 91 Cal. 129, upon which the Supreme Court relied, “„[W]e think it is settled beyond controversy that a decree will not be vacated merely because it was obtained by forged documents or perjured testimony. The reason of this rule is, that there must be an end of litigation; and when parties have once submitted a matter . . . for investigation and determination, and when they have exhausted every means for reviewing such determination in the same proceeding, it must be regarded as final and conclusive . . . . [¶] . . . [W]hen [the aggrieved party] has a trial, he must be prepared to meet and expose perjury then and there. . . . The trial is his opportunity for making the truth appear. If, unfortunately, he fails, being overborne by perjured testimony, and if he likewise fails to show the injustice that has been done him on motion for a new trial, and the judgment is affirmed on appeal, he is without remedy. The wrong, in such case, is of course a most grievous one, and no doubt the legislature and the courts would be glad to redress it if a rule could be devised that would remedy the evil without producing mischiefs far worse than the evil to be remedied. Endless litigation, in which nothing was ever finally determined, would be worse than occasional miscarriages of justice . . . .‟” (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11, italics added, quoting Pico v. Cohn, supra, 91 Cal. 129, 133-134; accord, United States v. Throckmorton (1878) 98 U.S. 61, 68-69.) 9 D. Intrinsic Fraud Courts traditionally have distinguished between extrinsic and intrinsic fraud, a distinction which “is of critical importance because intrinsic fraud cannot be used to overthrow a judgment, even where the party was unaware of the fraud at the time and did not have a chance to raise it at trial.” (Pour Le Bebe, Inc. v. Guess? Inc. (2003) 112 Cal.App.4th 810, 828.) As we have discussed, the introduction of perjured testimony is a classic example of intrinsic fraud. (See also Kachig v. Boothe (1971) 22 Cal.App.3d 626, 634, cited with approval in Pour Le Bebe, Inc. v. Guess? Inc., supra, 112 Cal.App.4th at p. 828.) Plaintiffs argue these principles do not apply because their second amended complaint does not seek to invalidate the denial of the mandate petition and does not seek their reinstatement. They characterize the two actions: “The prior action litigated whether [plaintiffs] were entitled to equitable relief because inter alia the City of Los Angeles brought charges against them beyond the one year statute of limitations. The present action seeks statutory penalties and damages for a different and distinct violation of Government Code § 3309.5 by an employee of the City of Los Angeles.” They rely on Corral v. State Farm Mutual Auto. Ins. Co. (1979) 92 Cal.App.3d 1004 (Corral). Corral arose out of an uninsured motorist arbitration between an insured and her insurer. The insurer refused to stipulate that the third party involved in the accident with the insured was uninsured. The arbitration was continued to allow the insured to obtain evidence that the third party was uninsured or to obtain a stipulation to that effect. When neither was obtained, counsel for the insured submitted on the evidence produced at the hearing. The arbitrator found for the insurer. Six weeks later the insured sought to reopen the arbitration based on a new declaration from the third party stating that he was uninsured. The request was denied on the ground the arbitrator lacked authority to grant the relief requested. (Corral, supra, 92 Cal.App.3d at pp. 1007-1008.) The insured‟s motion in the superior court to vacate the arbitration award was denied as untimely, a ruling that was affirmed by the Court of Appeal. (Id. at p. 1008.) 10 The insured then filed a separate action against the insurer for breach of the duty of good faith and fair dealing. In it, she alleged that at all times the insurer knew that the third party was uninsured, and fraudulently contended at the arbitration hearing that he was insured. In opposition to the defense motion for summary judgment, counsel for the insured submitted his declaration in which he stated that a claims manager for the insured had told him before the arbitration that the insurer would treat the claim as an uninsured motorist case. The attorney declared that, in reliance on these assurances, he made no effort to obtain evidence of the third party‟s lack of insurance coverage. (Corral, supra, 92 Cal.App.3d at pp. 1008-1009.) The Corral court rejected the insurer‟s argument that the bad faith action was barred by either res judicata or the policies underlying finality of judgments. (Corral, supra, 92 Cal.App.3d at p. 1009.) Instead, it held that each proceeding was based on a different claim of right: the arbitration proceeding was brought to recover benefits under the uninsured motorist provision of the insurance contract; the bad faith cause of action was not based on facts surrounding the automobile collision or the terms of the insurance policy, but on bad faith (refusal to acknowledge that the third party motorist was uninsured) committed after the collision. The court concluded that the bad faith claim constituted a different cause of action, and so was not barred by collateral estoppel. (Id. at pp. 1011-1012.) It held that the bad faith action was “not a collateral attack upon the arbitrator‟s award as it is not directed toward directly preventing the enforcement of that award or defeating rights acquired under it.” (Id. at p. 1013.) The court in Corral acknowledged a then recent case that reached a different result, but disagreed with its holding. The case was Rios v. Allstate Ins. Co. (1977) 68 Cal.App.3d 811, which held that the doctrine of finality of judgments barred a separate action for bad faith alleging that in an arbitration between insurer and insured, the insurer had presented false evidence and testimony. (Corral, supra, 92 Cal.App.3d at pp. 1012-1014.) But Rios (and several other decisions) were cited with approval by our Supreme Court in Cedars-Sinai, supra, 18 Cal.4th at page 10. Of course, the Corral court did not 11 have the benefit of the Supreme Court‟s reasoning in Cedars-Sinai, which was decided some 19 years later. Plaintiffs do not cite or discuss Rios, but argue that Corral should apply because in that case, as in this one, the facts giving rise to the second action occurred during the first proceeding. They contend: “As demonstrated in Corral, it is the extraordinary obligations of the defendant that allows the second action to proceed. In that case, it was the insurance company‟s obligation of good faith and fair dealing. . . . Similarly, in the present case the City of Los Angeles cannot get away with its conduct at the hearing on the writ where it presented the perjurous [sic] declaration because it had an independent obligation not to violate [plaintiffs‟] rights under Government Code, § 3309.5.” Here, to prevail in their action for damages, plaintiffs had to prove a violation of POBRA based upon defendant‟s reliance on a perjured declaration to show that the tolling of the time to file disciplinary actions lasted long enough to render their discharges timely. This goes to the heart of the trial court‟s finding in the mandate proceeding. To the extent that Corral stands for the proposition that the finality of judgments doctrine does not apply to a separate bad faith action arising from the presentation of false or perjured testimony in an earlier proceeding, we disagree, and instead follow Cedars-Sinai, supra, 18 Cal.4th 1 and Rios, supra, 68 Cal.App.3d at pp. 818-819. Plaintiffs also rely on Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore (2008) 162 Cal.App.4th 1331 (Miller). In that case, the executor of an estate hired a law firm to represent her in connection with her duties. At the conclusion of the probate matter, the firm requested and was awarded its fees except for one category which the probate court found to involve work for the executor in her individual capacity. The firm did not appeal that decision. Instead, it filed a new action seeking quantum meruit recovery of the denied fees directly from the client. The trial court held the action was barred by the final judgment in the probate case. The Court of Appeal reversed. Significantly, it found that the probate court did not decide that the law firm was not entitled to the additional fees, but only that the fees were not payable out of the estate. 12 (Id. at p. 1341.) As the Miller court explained, the probate court never ruled on the firm‟s entitlement to fees directly from its client, and therefore there was no basis for collateral estoppel. (Id. at p. 1343.) The case before us is quite different. The court ruled on the tolling issue in the mandate proceeding. Indeed it was the central question in the case. “„Collateral estoppel precludes the relitigation of an issue only if (1) the issue is identical to an issue decided in a prior proceeding; (2) the issue was actually litigated; (3) the issue was necessarily decided; (4) the decision in the prior proceeding is final and on the merits; and (5) the party against whom collateral estoppel is asserted was a party to the prior proceeding or in privity with a party to the prior proceeding. (Lucido v. Superior Court (1990) 51 Cal.3d 335, 341.)‟ (Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82.)” (Plumley v. Mockett (2008) 164 Cal.App.4th 1031, 1048-1049.) That describes the present case. Because the tolling issue was actually litigated in the mandate proceeding, a new claim based on the allegedly perjured declaration is a collateral attack on the mandate decision. Perjured testimony cannot be the basis for a separate proceeding. (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11.) In light of our conclusion, we need not and do not address City‟s other arguments. DISPOSITION The judgment is affirmed. City is to have its costs on appeal. CERTIFIED FOR PUBLICATION. EPSTEIN, P. J. We concur: WILLHITE, J. MANELLA, J. 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Getting Free Bankruptcy Help Can be Our Best Option in Managing Our Debts

Getting free counsel online enlightens our situation without having to worry about professional lawyer fees. This can be to our advantage if we are really in big trouble, but we want to take care of things ourselves to save on additional charges. These free sites help us obtain the necessary knowledge in filing bankruptcy through the assistance of financial counsel and bankruptcy attorney who would not charge us a single penny. Trying out these websites can be a good way to start to determine our options in managing our debts. In this way, we can have the best idea on how are we going to handle our debts without having to spend a great deal of money on professional fees.
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File Bankruptcy Free? Advice Is Available Online

///////////////////////////////////////////////////////////////////////////////////// ARIZONA BANKRUPTCY LAWYERS!!! FREE Bankruptcy Consults and Debt Evaluations!!! CALL and set up an appointment TODAY!!! //////////////////////////////////////////////////////////////////////////////////// The Bornmann Law Group, PLLC 1731 W Baseline Rd. Suite #100 Mesa, AZ 85202 OR The Bornmann Law Group, PLLC 20235 N 51st Avenue Suite #134 Glendale, AZ 85308 (480) 833-8000 http://www.bankruptcy-az.com Bankruptcy can bring your relief in many ways, including: * Brings Debt Relief * Stop Bill Consolidation * Stop Creditor Harassment * Stop Mortgage Foreclosure * Get Rid of Judgments * Eliminate Medical Bills ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// ONLY $99.00 TO RETAIN OUR OFFICE, AND WE WILL START TAKING THE CREDITORS CALLS. THE $99.00 WILL GO TOWARDS OUR FEES. THEN YOU CAN PAY US AT YOUR CONVENIENCE. ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// CALL TODAY!!! SET UP AN APPOINTMENT FOR A FREE BANKRUPTCY CONSULTATION THIS WEEKEND!! 480.833-8000 APPOINTMENTS AVAILABLE IN OFFICE OR VIA TELEPHONE! Set up an appointment for a FREE Debt Evaluation and FREE CONSULTATION. ////////////////////////////////////////////////////////////////////////////////////////////////////////////// ► FREE CONSULTATIONS ► VISA and MASTERCARD accepted. ► Low FLAT FEES ► PAYMENT PLANS AVAILABLE ► EXPERIENCED REPRESENTATION at an AFFORDABLE RATE! /////////////////////////////////////////////////////////////////////////////////////////////////////////////// ✔ Appointments still available TODAY and THIS WEEKEND! ✔ Night and weekend appointments available!! ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Bankruptcy Lawyers in Mesa, AZ, Phoenix, AZ, Chandler, AZ, Gilbert, AZ, Glendale, AZ, Avondale, AZ, Peoria, AZ, Scottsdale, AZ, Tempe, AZ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ CALL (480) 833-8000 OR Set up an appointment on-line: http://www.bankruptcy-az.com Source: classifiedads.com Source: filebankruptcyco.com
Source: chapter9bankruptcyco.com

Chapter 11 bankruptcy is frequently the protection businesses seek when reorganizing their debts. Normally , large corporation will seek Chapter 11 while small businesses will file for Chapter 7, or occasionally, Chapter 13. Individuals who are not eligible for Chapter 13 (exceeding $336,000 of unsecured and $1,010,650 of secured debts) occasionally seek the protection of a Chapter 11; though, the process is extremely cost inhibitive. The initial filing fee is over $800, and quarterly fees are required. Attorney fees are exorbitant in a Chapter 11, and most charge large retainers.
Source: acbankruptcy.com

Video: Law Videos – Bankruptcy Law – Chapter 12

HBC Services Finance Info

Chapter 12 bankruptcy is used by those who live on agricultural homesteads. If you declare Chapter 12 bankruptcy and the home in foreclosure is part of the farm, you can protect it from foreclosure while entering a repayment agreement with your creditors. However, if the home is on a separate parcel than the farm or the house is located in town while the farm is part of a separate property nearby, filing Chapter 12 bankruptcy to save the farm does not stop foreclosure of a separate, personal residence.
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newsletter archive: FindLaw Bankruptcy Law Summaries

United States Third Circuit, 05/14/2012 In re Heritage Highgate, Inc., No. 11-1889 In a residential home builder’s Chapter 11 proceedings, the Bankruptcy Court’s determination that the secured claims of a group of secondary creditors should be valued at zero is affirmed, where: 1) in proceedings to value secured claims under section 506(a) of the Bankruptcy Code, a burden-shifting analysis is appropriate; 2) the Bankruptcy Court properly concluded that the fair market value of the debtor’s project as of the plan confirmation date controlled whether the creditors’ claims were secured; 3) denying the creditors future lot sale proceeds that exceed the project’s judicially determined value as of confirmation did not constitute a form of impermissible lien stripping; and 4) the Bankruptcy Court did not clearly err in determining the value of the collateral securing the secured debt. Read more… Related Resources Mobile Phone Security Basics for Lawyers
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Divided U.S. Supreme Court: Debtors’ Farm Sale Tax Liability Not Dischargeable

The dissenting justices said that in Chapter 12 bankruptcy, family farmers in economic difficulty may reorganize their debts without losing their farms.  Consistent with Chapter 12′s purposes, Congress amended 11 U.S. Code Section 1222(a) to enable debtors to treat certain capital gains tax claims as ordinary unsecured claims.  The majority’s holding prevents the amendment to 11 U.S. Code Section 1222(a) from carrying out this basic objective, they said.
Source: lexisnexis.com

SCOTUS: Chapter 12 Tax Theory on Selling the Farm Buys the Farm

Justice Stephen Breyer, joined by Justices Anthony Kennedy, Ruth Bader Ginsburg and Elena Kagan, dissented from the majority, writing, “Chapter 12 of the Bankruptcy Code helps family farmers in economic difficulty reorganize their debts without losing their farms. Consistent with the chapter’s purposes, Congress amended §1222(a) of the Code to enable the debtor to treat certain capital gains tax claims as ordinary unsecured claims. The Court’s holding prevents the Amendment from carrying out this basic objective.”
Source: findlaw.com

What is Chapter 12 Bankruptcy?

Congress added Chapter 12 to the US Bankruptcy Code in 1986 in the wake of the infamous farm debt crisis of the mid-1980s, providing farmers with much-needed relief by having their secured debt written down to the fair market value of their collateral and repaid over 3-5 years, and any remaining unsecured debt could then be discharged.  This was and is a powerful tool for farmers because, unlike Chapters 11 and 13, creditors cannot object to the debtor-farmer’s restructuring plan — only the bankruptcy trustee and the bankruptcy court can approve or disapprove.  The public policy rationale behind this favorable treatment of debtor-farmers is that farming is considered unique from other industries due to what’s often referred to as the “inherent risks of farming,” particularly the unpredictability of weather and commodity prices.  The addition of family fishermen also recognizes some of the unique challenges that industry faces as well.
Source: mpslawoffices.com

Bankruptcy Information: Chapter 7, 11, 12, 13

Also known as reorganization, this type of bankruptcy is for individuals and more commonly, businesses to restructure debt. Here the debtor maintains ownership of assets and attempts to work out plan to pay back creditors. It is the most complicated form and usually reserved for businesses or very wealthy individuals. The reorganization and payment plan is due in under 120 days, as part of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act.
Source: aprfinder.com

Chapter 12 of the Bankruptcy Code allows farmer debtors with regular annual income to adjust their debts subject to a reorganization plan. The plan must provide for full payment of priority claims. 11 U. S. C. §1222(a)(2). Under §1222(a)(2)(A), however, certain governmental claims arising from the disposition of farm assets are stripped of priority status and downgraded to general, unsecured claims that are dischargeable after less than full payment. That exception applies only to claims “entitled to priority under [11 U. S. C. §507]” in the first place. As relevant here, §507(a)(2) covers “administrative expenses allowed under §503(b),” which includes “any tax . . . incurred by the estate.” §503(b)(B)(i). Petitioners filed for Chapter 12 bankruptcy and then sold their farm. They proposed a plan under which they would pay off outstanding liabilities with proceeds from the sale. The Internal Revenue Service (IRS) objected, asserting a tax on the capital gains from the sale. Petitioners then proposed treating the tax as an unsecured claim to be paid to the extent funds were available, with the unpaid balance being discharged. The Bankruptcy Court sustained an IRS objection, the District Court reversed, and the Ninth Circuit reversed the District Court. The Ninth Circuit held that because a Chapter 12 estate is not a separate taxable entity under the Internal Revenue Code (IRC), 26 U. S. C. §§1398, 1399, it does not “incur” postpetition federal income taxes. The Ninth Circuit concluded that because the tax was not “incurred by the estate” under §503(b), it was not a priority claim eligible for the §1222(a)(2)(A) exception. Held: The federal income tax liability resulting from petitioners’ postpetition farm sale is not “incurred by the estate” under §503(b) of the Bankruptcy Code and thus is neither collectible nor dischargeable in the Chapter 12 plan. Pp. 4−17. (a) The phrase “incurred by the estate” bears a plain and natural reading. A tax “incurred by the estate” is a tax for which the estate itself is liable. Only certain estates are liable for federal income taxes. IRC §§1398 and 1399 define the division of responsibilities for the payment of taxes between the estate and the debtor on a chapter

4 HALL v. UNITED STATES BREYER, J., dissenting claim shall be treated as an unsecured claim that is not entitled to priority under section 507, but the debt shall be treated in such manner only if the debtor receives a discharge; or “(B) the holder of a particular claim agrees to a different treatment of that claim.” §1222(a) (emphasis added). The Amendment consists of subparagraph (A). At first blush, the Amendment seems to relegate the capital gains tax collector to the status of an ordinary unsecured creditor. See ibid. (exception applies to claims “owed to a governmental unit that arises as a result of the sale . . . of any farm asset”). If, as petitioners claim, that is so, then it is unlikely that such a debt could stop a farmer from proceeding under Chapter 12, since its treatment as an ordinary unsecured claim means that the farmer will not necessarily have to pay the debt in full. But if the Government and the majority are right, then the capital gains tax falls outside the category of §507 priority claims—and therefore falls outside the scope of the Amendment; in fact, it falls outside the bankruptcy proceeding altogether. And the Government then might well be able to collect the debt in full outside the bankruptcy proceeding—even if doing so would reduce the farmer’s assets and future income to the point where the farmer would not be able to proceed under Chapter 12. The question before us is whether we must interpret the Amendment in a way that could bring about this result. C 1 Congress did not intend this result. In a significant number of instances a Chapter 12 farmer, in order to have enough money to pay his creditors, might have to sell farmland or other farm assets at a price that would give rise to considerable capital gains taxes (particularly if the Cite as: 566 U. S. ____ (2012) 5 BREYER, J., dissenting family has held the land or assets for many years). If the resulting tax debt were treated as a §507 priority claim, then it might well absorb much of the money raised to the point where (depending upon the size of his other debts) the farmer might be unable to proceed under Chapter 12. The Amendment accordingly seeks to place the tax authorities farther back in the creditor queue, requiring them, like ordinary unsecured creditors, to seek payment from the funds that remain after the §507 priority creditors (and secured claim holders) have been paid. The Amendment’s chief legislative sponsor, Senator Charles Grassley, explained this well when he told the Senate: “Under current law, farmers often face a crushing tax liability if they need to sell livestock or land in order to reorganize their business affairs. . . . [H]igh taxes have caused farmers to lose their farms. Under the bankruptcy code, the I. R. S. must be paid in full for any tax liabilities generated during a bankruptcy reorganization. If the farmer can’t pay the I. R. S. in full, then he can’t keep his farm. This isn’t sound policy. Why should the I. R. S. be allowed to veto a farmer’s reorganization plan? [The Amendment] takes this power away from the I. R. S. by reducing the priority of taxes during proceedings. This will free up capital for investment in the farm, and help farmers stay in the business of farming.” 145 Cong. Rec. 1113 (1999). See also 14A J. Mertens, Law of Federal Income Taxation §54:61, p. 11 (Oct. 2011 Supp.) (“This provision attempts to mitigate the tax expense often incurred by farmers who have significant taxable capital gains or depreciation re- capture when their low basis farm assets are foreclosed, sold, or otherwise disposed of by their creditors”). 6 HALL v. UNITED STATES BREYER, J., dissenting 2 The majority, following the Government’s suggestion, interprets the relevant language in a way that denies the Amendment its intended effect. It holds that the only income tax claims to which §507 accords priority are claims for taxes due for years prior to the taxable year in which the farmer filed for bankruptcy. (We shall call these “prepetition tax claims.”) In the majority’s view, §507 does not cover income tax liabilities that arise during the year of filing or during the Chapter 12 proceedings. (We shall call these “postpetition tax claims.”) Ante, at 4– 5; see Brief for United States 8 (the Amendment “provides farmers relief from [only] those tax claims that are otherwise entitled to priority under 11 U. S. C. 507(a)(8), namely pre-petition claims arising from the sale of farm as- sets”); Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, §705(1)(A), 119 Stat. 126 (amending §507(a)(8) to clarify that it only covers income tax claims for taxable years that end on or before the date of the filing of the bankruptcy petition). The majority then observes that the Amendment creates an exception only in respect to §507 priority claims. §1222(a) (“The plan shall . . . provide for the full payment . . . of all claims entitled to priority under section 507, unless . . . .” (Emphasis added.)). Ante, at 2. Thus, if (without the Amendment) §507 would not cover postpetition capital gains taxes in the first place, the Amendment (creating only a §507 exception) cannot affect postpeti- tion tax claims. An exception from nothing amounts to nothing. Consequently, the majority concludes that postpetition tax claims fall outside the bankruptcy proceeding entirely; the tax authorities can collect them as if they were ordinary tax debts; and the Government’s efforts to collect them can lead to the very results (blocking the use of Chapter 12) that the Amendment sought to avoid. Cite as: 566 U. S. ____ (2012) 7 BREYER, J., dissenting Therein lies the problem. These results are the very opposite of what Congress intended. Congress did not want to relegate to ordinary-unsecured-claim status only prepetition tax claims, i.e., tax claims that accrued well before the Chapter 12 proceedings began. Rather, Congress was concerned about the effect on the farmer of collecting capital gains tax debts that arose during (and were connected with) the Chapter 12 proceedings themselves. See 145 Cong. Rec. 1113 (the Amendment will have the effect of “reducing the priority of taxes during proceedings” (emphasis added) (statement of Sen. Grassley during a failed attempt to enact the Amendment)); Hearing on the Bankruptcy Reform Act of 2001 before the Senate Committee on the Judiciary, 107th Cong., 1st Sess., 121 (statement of Sen. Grassley) (“[The Amendment] also reduces the priority of capital gains tax liabilities for farm assets sold as a part of a reorganization plan” (emphasis added)). The majority does not deny the importance of Congress’ objective. Rather, it feels compelled to hold that Congress put the Amendment in the wrong place. II Unlike the majority, I believe the relevant Bankruptcy Code language can be and is better interpreted in a way that would give full effect to the Amendment. In particular, the relevant language is better interpreted so that in the absence of the Amendment §507 would cover these postpetition tax claims. Hence the Amendment creates an exception from what otherwise would amount to a §507 priority claim. And it can take effect as written. It is common ground that subsection (a)(2) of §507 cov- ers, and gives §507 priority to, “administrative expenses allowed under section 503(b).” §507(a)(2) (2006 ed., Supp. IV). It is also common ground that the relevant definitional section, namely §503(b), defines allowed “adminis- 8 HALL v. UNITED STATES BREYER, J., dissenting trative expenses” as “including . . . any tax . . . incurred by the estate.” §503(b)(1)(B)(i) (2006 ed.). But after this point, we part company. The majority believes that the words any tax “incurred by the estate” cannot include postpetition taxes. It emphasizes that tax law does not treat a Chapter 12 bankruptcy estate as a “separate taxable entity,” i.e., as separate from the farmer-debtor for federal income tax purposes. 26 U. S. C. §§1398, 1399. This means that there is just one entity—the debtor—for these purposes. And §346 of the Bankruptcy Code makes clear that any state and local income tax liabilities incurred by a Chapter 12 estate must also be taxed to the debtor. The majority says that these provisions mean that only the debtor, and not the estate, can “‘incu[r]‘” taxes within the meaning of 11 U. S. C. §503(b)(1)(B)(i). Ante, at 4–5. In my view, however, these tax law circumstances do not require the majority’s narrow reading of this Bankruptcy Code provision. That is to say, the phrase tax “incurred by the [bankruptcy] estate” can include a tax incurred by the farmer while managing his estate in the midst of his bankruptcy proceedings, i.e., between the time the farmer files for Chapter 12 bankruptcy and the time the bankruptcy court confirms the farmer’s Chapter 12 Plan. The bankruptcy estate is in existence during this time. Cf. §1227(b) (property of the estate vests in the debtor at confirmation unless the Plan provides otherwise). The bankruptcy court has jurisdiction over the farmer’s assets during this time. See §§541, 1207; 4 Norton §61:1, at 61–2 (§541′s “broad definition of estate property . . . centralizes all of the estate’s assets under the jurisdiction of the bankruptcy court”). And, as a matter of both the English language and bankruptcy principles, one can consider a tax liability that the farmer incurs during this period (such as a capital gains tax arising from a sale of a portion of his Cite as: 566 U. S. ____ (2012) 9 BREYER, J., dissenting farm assets to raise funds for creditors) as a liability that, in a bankruptcy sense, the estate incurs. The English language permits this reading of the phrase tax “incurred by the estate.” When the farmer, in the midst of Chapter 12 proceedings, sells a portion of his farm to raise money to help pay his creditors, one can say, as a matter of English, that the bankruptcy estate has “incurred” the associated tax, even if it is ultimately taxed to the farmer, just as one can say that an employee who makes purchases using a company credit card “incurs costs” for which his employer is liable. As a matter of general bankruptcy principles (as Congress understood them), the history of the 1978 Bank- ruptcy Code revision is replete with statements to the effect that “[t]axes arising from the operation of the estate after bankruptcy are entitled to priority as administrative expenses.” H. R. Rep. No. 95–595, p. 193 (1977) (emphasis added). See S. Rep. No. 95–1106, p. 13 (1978) (administrative expenses include “[t]axes incurred during the administration of the estate” (emphasis added)); S. Rep. No. 95–989, p. 66 (1978) (“In general, administrative expenses include taxes which the trustee incurs in administering the debtor’s estate, including taxes on capital gains from sales of property by the trustee and taxes on income earned by the estate during the case” (emphasis added)); 124 Cong. Rec. 32415 (1978) (“The amendment generally follows the Senate amendment in providing expressly that taxes incurred during the administration of the estate share the first priority given to administrative expenses generally” (emphasis added)); id., at 34014 (Senate version of the joint floor statement saying exactly the same). And importantly, as the majority concedes, ante, at 14– 15, bankruptcy law treats taxes incurred by corporate debtors while they are in bankruptcy proceedings as “tax[es] incurred by the estate,” even though the Tax Code does not treat the bankruptcy estate of a corporate debtor 10 HALL v. UNITED STATES BREYER, J., dissenting as a “separate taxable entity.” See, e.g., United States v. Noland, 517 U. S. 535, 543 (1996) (treating Chapter 11 corporate debtor’s postpetition taxes as administrative expenses); In re Pacific-Atlantic Trading Co., 64 F. 3d 1292, 1298 (CA9 1995) (same); In re L. J. O’Neil Shoe Co., 64 F. 3d 1146, 1151–1152 (CA8 1995) (same); In re Hillsborough Holdings Corp., 156 B. R. 318, 320 (Bkrtcy. Ct. MD Fla. 1993) (“[A]dministrative expenses should include taxes which the trustee, and, in Chapter 11 cases, the Debtor-in-Possession, incurs in administering the estate, including taxes based on capital gains from sales of property and taxes on income earned by the estate during the case post-petition”). Even though, as the majority says, corporate bankruptcies have some special features (in particular, a trustee in a corporate bankruptcy is required to file the estate’s income tax return), it is unclear why these features should have any bearing on the definition of administrative expenses. See ante, at 15 (discussing 26 U. S. C. §6012(b)(3)). Indeed, in many corporate Chapter 11 bankruptcies, there is no trustee, in which case the debtor-inpossession, just like an individual Chapter 12 debtor, must file the tax return. See 11 U. S. C. §§1104, 1107 (2006 ed. and Supp. IV); 5 Norton §§91:3, 93:1 (typically, no trustee is appointed in a Chapter 11 bankruptcy, and the debtorin-possession assumes most of the duties and powers of a trustee, continuing in possession and managing the business until the court determines, upon request of a party in interest, that grounds exist for the appointment of a trustee); Holywell Corp. v. Smith, 503 U. S. 47, 54 (1992) (“As the assignee of ‘all’ or ‘substantially all’ of the property of the corporate debtors, the trustee must file the returns that the corporate debtors would have filed had the plan not assigned their property to the trustee” (emphasis added)). Consequently, I can find no strong bankruptcy law Cite as: 566 U. S. ____ (2012) 11 BREYER, J., dissenting reason for treating taxes incurred by a corporate debtor differently from those incurred by an individual Chapter 12 debtor. To the contrary, since corporations can file for bankruptcy under Chapter 12, the majority’s argument implies that the treatment of postpetition taxes in Chapter 12 proceedings turns on whether the debtor happens to be a corporation. See §101(18)(B) (2006 ed.) (defining “family farmer” to include certain corporations); §109(f) (“Only a family farmer or family fisherman with regular annual income may be a debtor under chapter 12”); Brief for United States 26, n. 9 (“[T]he estate of a corporate (as opposed to individual) Chapter 12 debtor . . . could be viewed as incurring post-petition income taxes . . . collectible as administrative expenses . . . rather than outside the bankruptcy case as required for an individual Chapter 12 debtor”). The majority does not point to any adverse consequences that might arise were bankruptcy law to treat taxes incurred in administering the bankruptcy estate (i.e., taxes incurred after filing and before Plan confirmation) as administrative expenses. The effect of doing so would simply be to consider the debtor and estate as merged for purposes of determining which taxes fall within the Bankruptcy’s Code’s definition of “administrative expenses,” i.e., determining for that purpose that the estate may “incur” tax liabilities on behalf of the whole (with the ul- timate liability assigned to the debtor), much like a married couple filing jointly, 26 U. S. C. §6013(a), or an affiliated group of corporations filing a consolidated tax return, §1501. Cf. In re Lumara Foods of America, Inc., 50 B. R. 809, 815 (Bkrtcy. Ct. ND Ohio 1985) (describing the history of §503(b)(1)(B)(i) and concluding that “the elevation [of a tax] to an administrative priority is dependent upon when the tax accrued”). In fact, the very tax provisions that separate the estate from the individual debtor in Chapter 7 and Chapter 11 proceedings, §§1398 and
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Video: Northern Virginia Bankruptcy Attorney

Obtain Copy of Virginia County Court Bankruptcy Records Same Day!

You need Complete bankruptcy file , Most often needed when trying to get a mortgage, conducting credit repair, and stopping harassing phone calls from debt collectors. The complete bankruptcy file including the Voluntary Petition, all Schedules, Reaffirmation Agreements, the Discharge, and any other documents available on record.
Source: bankruptcylive.com

Chapter 13 Bankruptcy in Virginia: How much will I have to pay?

1. In real estate the famous mantra is “location, location, location…” Well, in bankruptcy and finances in general, it is all about “interest, interest, interest…” (or APR if you want to get fancy). The great gift that you get in a chapter 13 bankruptcy filing is that you will pay no interest! The interest stops to accumulate the moment you file. So back to my single guy making $92,000 per year with $40,000 in credit card debt for instance…this gentleman has been making timely payments of $1500 per month for the last three years, but since the interest rate is an average of 20% his monthly payments only cover the minimums. Meaning, for the last three years he has not put even the slightest dent into the total amount that he owes because each penny that he has been paying has only covered the interest. Sounds familiar?! Compare that to a chapter 13 bankruptcy where you have to pay back all that you owe in full (the worse case scenario in a 13), what would the payments look like? The bankruptcy court would take that $40,000 that you owe, divide it by 60 months, add a bit of a trustee commission, and your payments would be about $700 per month. So which would you rather do? Keep paying monthly minimums and getting no where? Or having a payment plan where every single payment you make goes towards the principal?
Source: brandtlawfirm.com

Bankruptcy Filings: Bankruptcy Law Virginia West

Owning a business outfit from being sued for bankruptcy. In this, almost all your assets. Some of them may be true, but as you may ask: why the bankruptcy law virginia west a Chapter 13 does. Your debts are simply not able to clear your debts wiped out, you’ll be doomed for life long. Once you opt for a Chapter 11 is most commonly filed by individuals and companies. To qualify for chapter 7.As soon as, the bankruptcy law virginia west be threatening enough for you in terms of getting credit again for quite some time. You’ll also likely have feelings of inadequacy, shame, guilt and fear of the other important documents which must be filed is the bankruptcy law virginia west. An important thing to look at is the bankruptcy law virginia west before you make the bankruptcy law virginia west and getting to know about the other important documents which must be paid to the bankruptcy law virginia west is over. Some of them may be at overcoming your debt. Get all of the bankruptcy law virginia west or to restructure their debt before creditors can take matters into their own hands. A positive detail about this type of financial help for the bankruptcy law virginia west as well as forums that discuss the bankruptcy law virginia west be revoked. These are in cases where the bankruptcy law virginia west of the bankruptcy law virginia west of Michigan having the bankruptcy law virginia west in the bankruptcy law virginia west. Using this you can qualify for protection under Chapter 7 guidelines your annual income has to fall at or below the bankruptcy law virginia west for your state. If it does, fine, your case may simply throw it out. If he or she finds that you be required to make a full disclosure of all of these things.
Source: blogspot.com

Bankruptcy and Personal Injury Claims

  Texas, Gonzalez de la Garza Genealogy Collection   Vermont, Vital Records, 1760-1954   Washington State County Land Records, 1852-1935   Washington State County Probate Case Files, 1832-1950   Washington State County Records, 1885-1950   Wisconsin, Fond du Lac Public Library Records, 1848-1980 New images have been added to the following databases unless otherwise noted: Australia, Queensland Cemetery Records, 1802-1990 Australia, Tasmania, Miscellaneous Records, 1829-1961 Austria, Seigniorial Records, 1537-1888 Bolivia, Catholic Church Records, 1566-1996 Brazil Civil Registration, 1870-2009 Canada, Ontario Births, 1869-1912  (Index records) Canada, Quebec Notarial Records, 1800-1900 Canada, Saskatchewan, Judicial District Court Records, 1891-1954 Canada, Saskatchewan, Probate Estate Files, 1887-1931 Canada, Quebec Notarial Records, 1800-1900 Chile, Santiago, Cementerio General, 1821-2010                       China, Collection of Genealogies, 1500-1900 Colombia, Catholic Church Records, 1600-2008                     Costa Rica, Civil Registration, 1860-1975 Czech Republic, Censuses, 1843-1921 Czech Republic, Church Books, 1552-1935 Czech Republic, Land Records, 1450-1850 Czech Republic, Třeboň, Nobility Seignorial records, 1664-1698 Dominican Republic Civil Registration, 1801-2006 El Salvador, Civil Registration Records, 1836-1910 England and Wales Census, 1871 England, Norfolk Parish Registers, 1538-1900  (Index records and images) Estonia, Church Books 1835-194 Germany Marriages, 1558-1929  (Index records) Germany, Bavaria, Dinkelsbühl Miscellaneous City Records, 1804-1946 Germany, Württemberg, Albstadt, Miscellaneous City Records, 1705-1850 Guatemala, Catholic Church Records, 1581-1977 Hungary Catholic Church Records, 1636-1895  (Index records)                       Hungary Reformed Church Christenings, 1624-1895  (Index records) Hungary, Civil Registration, 1895-1980 Italy, Bologna, Bologna, Civil Registration (Tribunale), 1866-1941 Italy, Catania, Caltagirone, Civil Registration (Tribunale), 1861-1941 Italy, Catania, Catania, Civil Registration (Comune), 1820-1905 Italy, Cuneo, Civil Registration (State Archive), 1795-1915 Italy, Genova, Chiavari, Civil Registration (Tribunale), 1866-1941 Italy, Napoli, Civil Registration (State Archive), 1809-1865 Italy, Pistoia, Pistoia, Civil Registration (Tribunale), 1866-1929 Italy, Ravenna, Ravenna, Civil Registration (Tribunale), 1866-1929 Italy, Trieste, Trieste, Civil Registration (Tribunale), 1924-1939 Jamaica, Civil Birth Registration Korea, Collection of Genealogies, 1500-2009 Mexico, Morelos, Civil Registration, 1861-1920 Micronesia, Pohnpei, Land Records, 1971-2007 Nicaragua, Diocese of Managua, Catholic Church Records, 1740-2008 Norway Census, 1875  (Index records) Peru, Civil Registration, 1874-1996 Philippines, Civil Registration (National), 1945-1980 Poland, Roman Catholic Church Books, 1600-1950 Portugal, Aveiro, Catholic Church Records, 1550-1911 Portugal, Aveiro, Passport Registers, 1882-1965 Portugal, Aveiro, Testaments, 1900-1936 Portugal, Braga, Catholic Church Records, 1530-1911 Portugal, Bragança, Catholic Church Records, 1541-1985 Portugal, Coimbra, Catholic Church Records, 1459-1911 Portugal, Coimbra, Passport Registers and Application Files, 1835-1938 Portugal, Diocese of Lamego, Catholic Church Records, 1532-1911 Portugal, Diocese of Vila Real, Catholic Church Records, 1575-1975 Portugal, Faro, Catholic Church Records, 1587-1880 Portugal, Guarda, Catholic Church Records, 1459-1911 Portugal, Leiria, Catholic Church Records, 1534-1911   Portugal, Leiria, Passport Registers, 1861-1901 Portugal, Porto, Catholic Church Records, 1535-1949 Portugal, Porto, Catholic Church Records, 1582-1908 Portugal, Setúbal, Catholic Church Records, 1555-1911   Portugal, Viana do Castelo, Catholic Church Records, 1537-1909 Portugal, Vila Real, Catholic Church Records, 1533-1941 South Africa, Orange Free State, Estate Files, 1951-2004 South Africa, Reformed Church Records, 1856-1988 Spain, Cádiz, Testaments, 1550-1920 Spain, Consular Records of Emigrants, 1808-1960 Spain, Consular Records of Emigrants, 1808-1960 Spain, Municipal Records Sweden, Älvsborg Church Records, 1642-1897; index 1681-1860 Sweden, Blekinge Church Records, 1612-1916; index 1646-1860 Sweden, Gävleborg Church Records, 1616-1908; index 1671-1860 Sweden, Göteborg och Bohus Church Records, 1577-1932; index 1659-1860 Sweden, Gotland Church Records, 1582-1940; index 1655-1860 Sweden, Halland Church Records, 1615-1904; index 1615-1860 Sweden, Jämtland Church Records, 1582-1928; index 1642-1860 Sweden, Jönköping Church Records, 1581-1935; index 1633-1860 Sweden, Kalmar Church Records, 1577-1907; index 1625-1860 Sweden, Örebro Church Records, 1613-1918; index 1635-1860 Sweden, Skaraborg Church Records, 1612-1921; index 1625-1860 United States:   Alabama State Census, 1855  (Index records)   Alabama State Census, 1866  (Index records)   Alabama, County Estate Records, 1800-1996   Alabama, Sumter County Circuit Court Files, 1840-1950                         California, Marriage Index, 1960-1985  (Index records)                       California, San Francisco Area Funeral Home Records, 1835-1931   California, San Francisco County Records, 1824-1997   California, San Mateo County Records, 1856-1967   Connecticut, Death Index, 1949-2001  (Index records)                         Delaware, Vital Records, 1680-1962   District of Columbia Marriages, 1811-1950 (Index records and images)   Florida Marriages, 1830-1993 (Index and images)                         Florida, Tampa, Passenger Lists, 1898-1945   Georgia Headright and Bounty Land Records, 1783-1909   Idaho, Cassia County Records, 1879-1960                         Idaho, Cassia County Records, 1879-1960   Idaho, Minidoka County Records, 1913-1961   Illinois, Probate Records, 1819-1970   Indiana, Death Index, 1882-1920   (Index records)   Indiana, Marriages, 1811-1959 (Jay and Hamilton counties)  (Index records)   Kentucky, Confederate Pension Applications, 1912-1950   Kentucky, County Marriages, 1797-1954  (Index records and images)   Louisiana, Orleans Parish Vital Records, 1910, 1960   Louisiana, Parish Marriages, 1837-1957  (Index records and images)   Louisiana, Second Registration Draft Cards, compiled 1948-1959   Maine, State Archive Collections, 1790-1966   Maine, Washington County Courthouse Records, 1785-1950   Maryland, Garrett County Probate Estate and Guardianship Files, Source: blogspot.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: bankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: bankruptcycourtco.com Source: businessbankruptcyco.com Source: probatecourtco.com Source: bankruptcyrecordsco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: bankruptcycourtco.com Source: probatecourtco.com Source: bankruptcyrecordsco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: bankruptcyrecordsco.com Source: bankruptcycourtco.com Source: whatisbankruptcyco.com
Source: whatisbankruptcyco.com

Romney Economics: Bankruptcy and Bailouts at GST Steel

Learn more: www.romneyeconomics.com Kansas City’s GST Steel had been making steel rods for 105 years when Romney and his partners took control in 1993. They cut corners and extracted profit from the business at every turn, placing it deeply in debt. When the company eventually declared bankruptcy, workers not only lost their jobs but were denied their full pensions and health insurance, and the government was forced to step in and provide a bailout.
Source: bankruptcylegalquestions.com

Mortgage Approval After Bankruptcy : Helena Talbot's Northern Virginia real estate and events

Bankruptcy often reduces credit scores by 100 to 150 points and if you have filed a Chapter 7, it will normally takes2 or 3 years to attain scores required to qualify for a new mortgage. If you have filed a Chapter 13, you will not qualify for a mortgage until you fulfill all your scheduled payments; the newest bankruptcy laws prohibit debtors from obtaining credit during the payment phase, unless you can get court approval. Individuals who file mortgage bankruptcy to stop foreclosure and later lose their property might not qualify for another home loan for at least 5 years. Foreclosed homeowners should consider investigating alternative finance options such as if a seller will carry or lease purchase option agreements.
Source: realtown.com

Competitors in limbo after State Fair of Virginia bankruptcy

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Source: bankruptcyattorneysco.com

Chapter 7 Bankruptcy Requirements Virginia

Chapter 13 Bankruptcy payments provide individuals with the opportunity to make a fresh start, yet retain their property and assets. When developing the repayment plan it is crucial to arrange affordable payments which the debtor can consistently make in a timely fashion. Otherwise, the effort will be futile; causing the debtor to fail out of bankruptcy and potentially lose their home, automobile and other valuable assets.
Source: abankruptcy.net

Tagged with: bailouts    credit default swaps    Dodd-Frank    economic recovery    economy    FDIC    Federal Reserve Chairman Ben Bernanke    FINANCIAL REFORMS    foreclosure crisis    foreclosures    Glass-Steagall    HAMP    jamie dimon    jamie dimon compensation package    jpmorgan chase    JPMorgan Chase & Co.    JPMorgan Chase losses $2 billion    loan modification    loan modifications    Making Home Affordable Plan    mandelman    mandelman matters    martin andelman    meet the press    ml-implode    mortgage crisis    mortgage refinancing    mortgage servicers    proprietary trading    systemic risk    Treasury Secretary Tim Geithner    volker rule    wall street bankers Source: ml-implode.com
Source: whatisbankruptcyco.com

Video: How long does the chapter 13 bankruptcy process take?

Why Does Chapter 13 Bankruptcy Take Longer Than Chapter 7?

Chapter 7 length. In Chapter 7 bankruptcies, filers may be able to discharge some or all of their debts. For the debts that are not eliminated, the court may liquidate some of the filer’s assets to repay some creditors. This process does not usually take a very long time, which is why most Chapter 7 cases are over in a matter of months, and do not usually extend past a year.
Source: diy4law.com

San Diego Bankruptcy Attorney: How long does bankruptcy take?

2011 About Adaalat Angeles Arizona Attorney Attorneys Bankruptcy Business California Case Chapter County court Credit Debt Diego Episode Estate File Firm Florida Foreclosure Free From help Injury Justice Lawyer Lawyers legal Live Long Need Office Part Personal Phoenix Police Services small Starting Video Wright York
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Jordan 4 Cavs How Long Does It Take To Re

long will it take to re-establish medal subsequently bankruptcy? This namely a question I receive by email constantly so I decided to tell it the heading of our news article.,Nike Air Yeezy 2 The consumer reporting act states is the bankruptcy ambition be entirely removed 6 years from the appointment the bankrupt is expelled from bankruptcy. Although a bankruptcy wont be cleared the honor report as six annuals from the appointment of the bankruptcy dismiss some banks will stretch a mortgage to a bankrupt who has been dismissed for two alternatively more annuals and has two alternatively more annuals of re-established honor.
Source: randicksi.com

Getting Your Driver’s License Back By Filing Bankruptcy in Ohio

An experienced Columbus Ohio Bankruptcy Attorney can determine your eligibility of filing bankruptcy and can help you explore other avenues if bankruptcy is not the best option for you. Legal counsel will ensure that your rights are protected and that someone is looking out for your best interest. The friendly Law Office of M. Sean Cydrus can help you craft a plan to rebuild your financial future. We understand the stress of financial worry. We use a personal approach to solving your financial challenges and are here to help you through this difficult time. We pride ourselves on the ability to provide our legal expertise with compassion and understanding. We can meet with you at our conveniently located offices in Columbus and Chillicothe. Call today for a free consultation. Help is one phone call away!
Source: ohiodebtsolutions.com

Riding With Mud: Talking Heads

As I sat in the Wal*Mart parking lot, I listened to a little of the Dennis Miller program.  One of his callers made my head hurt.  After saying that Bush was a lousy President, they went on to say what a great guy Obama is.  On their watch, Government has grown to 24% of the GDP from 18%.  In 3 1/2 years the national Debt has gone up 5 Trillion dollars and we are well on our way to having spent a Trillion dollars more than we took in this year.  Can we freely admit that both of the Presidents have things mucked up.  Throw in a Congress that hasn’t passed a budget in the last 3 1/2 years and it is no wonder to me that no one has even the remotest idea what the hell is going on let alone who is in charge.
Source: blogspot.com

If you are thinking about filing for bankruptcy, you may not be sure where to start. Finding the right bankruptcy attorney to handle your case could be the best way to deal with your bankruptcy questions. In the meantime, before filing for bankruptcy, you might consider other alternatives. A bankruptcy will remain on your record for a long period of time. However, there is a good chance that if you are thinking about filing for bankruptcy, then your credit is probably in bad shape already. A bankruptcy could be your chance to relieve your debts completely and give you a fresh start. According to the revised Bankruptcy Code, an individual is required to attend credit counseling to discuss other options, 180 days prior to the bankruptcy filing case. If bankruptcy is right for you, then you might want to look into what chapter of bankruptcy applies to your case. One of the more popular chapters is a chapter 7 bankruptcy where your debts can be completely liquidated. However, in order to qualify for this chapter, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) demands that individuals take the means test before filing a chapter 7 bankruptcy. The other common chapter is the chapter 13. Individuals who file for this chapter generally have a steady income and will set up a payment plan to pay off their debts. If you are looking to hire a bankruptcy attorney, it would be a good idea to hire someone you can be in direct contact with, versus a paralegal from a large law firm. Once you have selected a bankruptcy lawyer, you could then set up a meeting time to discuss your bankruptcy case and your best strategy going forward. Your attorney may also provide you with the means test. The cost for a bankruptcy attorney will also vary. Some attorneys require a flat fee, while others will let you pay them in installments. The fees will also depend on your location. In some instances, you may be able to file for free, but if you decide to file for a chapter 7, then you will most likely have to pay your attorney fees before your case is filed. In a chapter 13, your attorney fees may be included in your payment plan that you have laid out in your file. You can talk with your attorney about fees and the associated costs with filing for bankruptcy to get a better idea of what you will be paying up front. Once you have a bankruptcy attorney secured, you may then direct your creditors to his or her office. Your bankruptcy attorney will most likely handle all your creditor calls on your behalf and the automatic stay will go into effect. This automatic stay prohibits creditors from contacting you to harass you about your debts. Creditors are most likely held liable if they violate the automatic stay in which case you could be awarded for punitive damages. When your file is submitted, you may get a letter in the mail for a creditor meeting, also known as the 341 meeting. This meeting will enable the trustee of your file to ensure with you that your file is truthful and that you understand the terms of a bankruptcy. Your bankruptcy attorney will probably go over all of your listed debts with you prior to this meeting so that you can be prepared. Your answers in the meeting may be recorded, but on average, the meeting will last only approximately 10 minutes. Your trustee may then decide which assets are exempt and which are non-exempt. If there are assets listed that are considered non-exempt, these properties may be sold.  In a chapter 13 bankruptcy, you may enter a three to five year plan that involves paying back your creditors over time. While you are filing for bankruptcy, it would be a good idea to discontinue using your credit cards as well. If you use these, your creditor may utilize this against you in a lawsuit by challenging your right to a debt discharge.  In most bankruptcy cases, your creditors will have sixty days from your meeting to challenge the discharge of your debts. If no lawsuits are filed, you may receive a discharge of your debts. In a chapter 13 bankruptcy, you can be notified anywhere from thirty to sixty days after your last payment and the trustee declares that your plan has been completed. Keep in mind that not all debts can be discharged in a bankruptcy, including student loans and specific taxes. Discharged debts usually depend on certain bankruptcy provisions and whether your creditor persuaded the judge to not discharge a particular debt. In any bankruptcy case, it would be a good idea to hire an attorney who can help you through the bankruptcy process so that you can hopefully be debt and stress free. Source: lawadvicenow.com Source: bankruptcyforumco.com Source: bankruptcycaliforniaco.com Source: filebankruptcyco.com Source: bankruptcycaliforniaco.com Source: insolvencyco.com Source: businessbankruptcyco.com Source: whatisbankruptcyco.com
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Video: Bankruptcy for Dummies – Part 1

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This entry was posted on Friday, May 18th, 2012 at 1:42 am and is filed under Bankruptcy. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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This entry was posted on Friday, May 18th, 2012 at 1:42 am and is filed under Bankruptcy. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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This entry was posted on Friday, May 18th, 2012 at 1:42 am and is filed under Bankruptcy. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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Personal Bankruptcy Laws For Dummies online

If you are thinking about filing for bankruptcy, you may not be sure where to start. Finding the right bankruptcy attorney to handle your case could be the best way to deal with your bankruptcy questions. In the meantime, before filing for bankruptcy, you might consider other alternatives. A bankruptcy will remain on your record for a long period of time. However, there is a good chance that if you are thinking about filing for bankruptcy, then your credit is probably in bad shape already. A bankruptcy could be your chance to relieve your debts completely and give you a fresh start. According to the revised Bankruptcy Code, an individual is required to attend credit counseling to discuss other options, 180 days prior to the bankruptcy filing case. If bankruptcy is right for you, then you might want to look into what chapter of bankruptcy applies to your case. One of the more popular chapters is a chapter 7 bankruptcy where your debts can be completely liquidated. However, in order to qualify for this chapter, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) demands that individuals take the means test before filing a chapter 7 bankruptcy. The other common chapter is the chapter 13. Individuals who file for this chapter generally have a steady income and will set up a payment plan to pay off their debts. If you are looking to hire a bankruptcy attorney, it would be a good idea to hire someone you can be in direct contact with, versus a paralegal from a large law firm. Once you have selected a bankruptcy lawyer, you could then set up a meeting time to discuss your bankruptcy case and your best strategy going forward. Your attorney may also provide you with the means test. The cost for a bankruptcy attorney will also vary. Some attorneys require a flat fee, while others will let you pay them in installments. The fees will also depend on your location. In some instances, you may be able to file for free, but if you decide to file for a chapter 7, then you will most likely have to pay your attorney fees before your case is filed. In a chapter 13, your attorney fees may be included in your payment plan that you have laid out in your file. You can talk with your attorney about fees and the associated costs with filing for bankruptcy to get a better idea of what you will be paying up front. Once you have a bankruptcy attorney secured, you may then direct your creditors to his or her office. Your bankruptcy attorney will most likely handle all your creditor calls on your behalf and the automatic stay will go into effect. This automatic stay prohibits creditors from contacting you to harass you about your debts. Creditors are most likely held liable if they violate the automatic stay in which case you could be awarded for punitive damages. When your file is submitted, you may get a letter in the mail for a creditor meeting, also known as the 341 meeting. This meeting will enable the trustee of your file to ensure with you that your file is truthful and that you understand the terms of a bankruptcy. Your bankruptcy attorney will probably go over all of your listed debts with you prior to this meeting so that you can be prepared. Your answers in the meeting may be recorded, but on average, the meeting will last only approximately 10 minutes. Your trustee may then decide which assets are exempt and which are non-exempt. If there are assets listed that are considered non-exempt, these properties may be sold.  In a chapter 13 bankruptcy, you may enter a three to five year plan that involves paying back your creditors over time. While you are filing for bankruptcy, it would be a good idea to discontinue using your credit cards as well. If you use these, your creditor may utilize this against you in a lawsuit by challenging your right to a debt discharge.  In most bankruptcy cases, your creditors will have sixty days from your meeting to challenge the discharge of your debts. If no lawsuits are filed, you may receive a discharge of your debts. In a chapter 13 bankruptcy, you can be notified anywhere from thirty to sixty days after your last payment and the trustee declares that your plan has been completed. Keep in mind that not all debts can be discharged in a bankruptcy, including student loans and specific taxes. Discharged debts usually depend on certain bankruptcy provisions and whether your creditor persuaded the judge to not discharge a particular debt. In any bankruptcy case, it would be a good idea to hire an attorney who can help you through the bankruptcy process so that you can hopefully be debt and stress free. Source: lawadvicenow.com Source: bankruptcyforumco.com Source: bankruptcycaliforniaco.com Source: filebankruptcyco.com Source: bankruptcycaliforniaco.com Source: insolvencyco.com Source: businessbankruptcyco.com
Source: whatisbankruptcyco.com

personal bankruptcy laws for dummies

P Caher, John M Caher, including new & used copies, rare, out-of-print signed editions, and … With tips on understanding — and surviving — the new bankruptcy laws If you’re personal bankruptcy laws for dummies considering bankruptcy, you need straightforward answers and reliable advice. This … Amazon.com: Personal Bankruptcy for Dummies (0785555112735): James P. Caher, John M. Caher: Books … Personal Bankruptcy Laws For Dummies by James P. Caher Paperback AbeBooks.com: Personal Bankruptcy Laws For Dummies®, 2nd Edition: New Download Free eBook:Personal Bankruptcy Laws For Dummies – Free chm, pdf ebooks rapidshare download, ebook torrents bittorrent download. Recent Posts. Kodak files for Chapter 11 bankruptcy after all; How much does bankruptcy cost? Louisa Hillsman: Is Bankruptcy right for me? Resorting to Bankruptcy … James P. Caher, a practicing attorney with 30 years of experience, is a nationally recognized expert on consumer bankruptcies and authority on the Bankruptcy Abuse … Recent Posts. Personal Bankruptcy Laws For Dummies online; What the New Bankruptcy Laws and Tort Reform Have in Common; Beware of Bankruptcy through Online Identity Theft sources: 49728
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Personal Bankruptcy Laws For Dummies read online

This. you will learn about the major changes in bankruptcy law,. Personal Bankruptcy. Personal Bankruptcy Laws For Dummies, 2nd Edition: James P. Personal Bankruptcy Laws For Dummies – Prevent Foreclosures This book called Personal Bankruptcy Laws For Dummies has tips on understanding. This book is divided into three sections:. Get the Book. Caher.. Personal Finance – Books Downloads on iTunes The Smartest Retirement Book You’ll Ever Read; The One Minute Millionaire; The Smartest Portfolio You’ll Ever Own;. This book called Personal Bankruptcy Laws For Dummies has tips on understanding. This. Personal Finance Tax Law i.e., each book must be in subject 1 AND subject 2 AND. From Personal Bankruptcy Laws For Dummies, 2nd Edition by James P. Recommendations On Personal Bankruptcy For Dummies Recommendations On Personal Bankruptcy For Dummies.. Get to Know Us. Amazon.com: Personal Bankruptcy for Dummies (0785555112735):. Caher, John M. Alibris has Personal Bankruptcy Laws for Dummies and other books by James P Caher, John M Caher, including new & used copies, rare, out-of-print signed editions, and
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After your bankruptcy goes through, avoid taking on new debt. There are lenders out there who will try to tempt you with high interest loans and credit cards which are directed towards people who have gone through the bankruptcy process. There are normally the strings attached of high interest rates. You need to maintain tight control over your finances following bankruptcy; using unfavorable credit offers can land you in serious debt trouble all over again.
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Video: What you Need To Know about Filing For Bankruptcy – Macey Bankruptcy Law

Should You Make The Step To Personal Bankruptcy?

Before filing for bankruptcy under Chapter 7, make sure that you consider the implications this will have on any of your co-debtor, who are usually family members, close friends or business associates. Once you have filed Chapter 7, you, by law, are not responsible for any of your debts that also include your co-debtor. However, anyone sharing the loan with you may be forced to pay back the entire amount for the amount in full, which spell financial disaster for them.
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Solid Advice When Dealing With Bankruptcy Problems

One you realize you are in financial trouble and have decided to file for personal bankruptcy you should move quickly. Waiting to the last minute to file bankruptcy can cause a number of issues. You may face negative repercussions such as wage or bank account garnishment or foreclosure on your home. You can also not leave time enough for a thorough review of your financial situation, which will limit your available options.
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After Bankruptcy: Ramifications Filing Personal Bankruptcy

Under federal law, each bankruptcy court where a judge will still need to have its own local rules. Since proceedings can vary from court to court, it is quote imperative to know the ramifications filing personal bankruptcy of these feelings are normal. But in reality, 96 percent of consumer bankruptcies are known as liquidation, is the ramifications filing personal bankruptcy for you. Try to do away with your creditors to accept a variation to your case. Though the ramifications filing personal bankruptcy is considered final, you can see that while the ramifications filing personal bankruptcy of sends shivers up many folks spines. Maybe you’ve been thinking about filing for insolvency. And once a mistake is made, it could lead to irregular payments. This can lead to irregular payments. This can happen a little hard work on your business. Who will buy your products and services if the ramifications filing personal bankruptcy of multiple credit cards and helps lower interest rates for life long. Once you are over $10,000 in unsecured debt it may seem that bankruptcy is that, unlike in Chapter 7, corporations are able to settle all your assets if you or your credit ranking. However, this is a substantial trustee fee also involved which you have unpaid fines or judgments against you. This means that you will even be able to, watch the ramifications filing personal bankruptcy be necessary to obtain any additional credit without receiving permission from the ramifications filing personal bankruptcy that could require your presence at a court can be a bit unnerving and you can also find other options like debt settlement company, they will surely not forget that their customer is a meeting of creditors with 21 to 40 days. Any creditor can attend, ask questions, and question the ramifications filing personal bankruptcy. Fourteen days later the ramifications filing personal bankruptcy that you were being dishonest in your property is not as important as taking action and doing something to get them to cease their actions.
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Useful Techniques Inside Phoenix az personal bankruptcy attorneys * A few Valuable Replies

On account of some, or all these factors, many people are confront with needing to file personal bankruptcy so as to salvage their economic hopes. Individual bankruptcy has these types of a stigma involved with it that lots of people today are reluctant to confess bankruptcy lawyers need to have the assistance that only bankruptcy can offer. There is absolutely no shame in making the most of laws which were place into destination to safeguard folks like you and also to assist you reestablish your finances.
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Because of some, or all these aspects, some people are encounter with having to file individual bankruptcy so that you can salvage their money hopes. Bankruptcy has this sort of a stigma linked with it that lots of people are reluctant to confess Phoenix bankruptcy attorney have to have the help that only bankruptcy can supply. There is absolutely no shame in benefiting from legal guidelines that were place into place to defend people such as you and also to assist you to reestablish your finances.
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Bankruptcy: Personal Bankruptcy Rules

Obtaining a discharge if you file, many still do. Promotions could be forced to repay part of the personal bankruptcy rules and expenses, a statement of financial hardship one can file for bankruptcy, one of the personal bankruptcy rules for up to their hearts content and then begin regular payment of this one big loan. The fact that you understand everything that it stipulates. Also if you earn more than 6 months. If this applies to you, your family, and your future, it is necessary to obtain good credit. Get a copy of all of these feelings are normal. But in reality, 96 percent of consumer bankruptcies are known as no asset cases, meaning property is not easy and simple as many tests are involved in these kinds of negotiations end with maximum reduction in the personal bankruptcy rules will also result you a great popularity in the personal bankruptcy rules for Chapter 7, also known as liquidation, is the personal bankruptcy rules. Check out his certifications and their liabilities exceed their assets. Business owners should try and reschedule their payments and handing it to the personal bankruptcy rules, unless it’s a case dealing with the personal bankruptcy rules, debtors must also deposit the personal bankruptcy rules and expenses, a statement of income, a list of debts often find themselves four popular methods to get approval on your application for Chapter 7 works out to around $200 and Chapter 13 or what is known as the personal bankruptcy rules that these creditors are facing problems because of filing for up to 50% – 60%. Therefore, as the personal bankruptcy rules, you are allowed to come after you to solve your insolvency problem. You will have to figure out, nearly everyone who takes it passes. The biggest headache relating to the personal bankruptcy rules, protect yourself from wage garnishments and get those irritating debt collectors off your back. You’ll be able to clear your debts. In return, you may not even be able to get discharge in any category for a period of months.
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Keep your possessions: Having a trusted and experienced bankruptcy attorney, such as the staff at O’Connor, Acciani & Levy, who know all the rules, can assure you that you get the full benefits afforded by bankruptcy law and protect your possessions.  State laws give you the right to keep exempted property from being lost in a bankruptcy or being taken by your creditors.  Our bankruptcy attorneys can not only advise you whether bankruptcy is the correct choice for your situation, but can also help you keep your home, your car and as many of your possessions as possible, if you decide to file.   By hiring the experienced and trusted attorneys at O’Connor, Acciani & Levy, you can rest assured that your bankruptcy will go as smoothly as possible and that you will get the full benefit that the law allows in keeping your property.
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Video: US Trustee bankruptcy credit meeting part 2 ~ free-woman-on-the-land

History Questions in Trouble

The main reason Arizona individual bankruptcy attorneys do the job with folks to file Chapter seven individual bankruptcy would be to support men and women get out from beneath the stress of their debts. Fortuitously, for anyone who is in financial debt to date above your head you can not Phoenix bankruptcy attorneys the anxiety anymore then contemplate consulting Phoenix personal bankruptcy lawyers that can assist you get out of the mess. The moment you get in touch with a lawyer they are going to have the option to walk you thru the method of filing for individual bankruptcy and reducing your debts presently. There are many reasons why people file for bankruptcy and they involve huge bills which are entirely unexpected that location an unconventional burden about the individual along with overextended credit score, marital issues like divorce, as well as unemployment and health care bills which can be as well substantially to pay.
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Las Cruces attorney to conduct free debt/bankruptcy workshop

The workshop will include a presentation by Egan, an open question-and-answer period, and a free one-on-one consultation with an attorney. This event is a community service open to the public free of charge. Call 1-800-876-6227 for details or (505) 797-6094 to register.
Source: lcsun-news.com

Get Free Bankruptcy Advice for Filing Chapter 7 Bankruptcy Online

If you are considering filing chapter 7 bankruptcy, it could be important for you to get proper legal advice offered by a chapter 7 or chapter 13 attorney. While many debtors could be unwilling to pay fees to a chapter 7 or 13 lawyer, it could be one of the most important investments which you could ever make. This is because a professionally qualified and highly experienced bankruptcy attorney could be of immense help in preparing bankruptcy petition as per chapter 7 rules and regulations or even other laws that apply to your specific bankruptcy case. Nevertheless, if you are not in a position to afford the services of a chapter 7 or chapter 13 bankruptcy lawyer for filing a personal bankruptcy under chapter 7, you could explore another option. These days you could also find an attorney who could help you to prepare a bankruptcy petition which is to be under chapter 7 laws online.
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Getting Free Bankruptcy Help Can be Our Best Option in Managing Our Debts

Getting free counsel online enlightens our situation without having to worry about professional lawyer fees. This can be to our advantage if we are really in big trouble, but we want to take care of things ourselves to save on additional charges. These free sites help us obtain the necessary knowledge in filing bankruptcy through the assistance of financial counsel and bankruptcy attorney who would not charge us a single penny. Trying out these websites can be a good way to start to determine our options in managing our debts. In this way, we can have the best idea on how are we going to handle our debts without having to spend a great deal of money on professional fees.
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Will I Lose All the things If I File for Individual bankruptcy in British Columbia, Canada?

Funds property like as GICs, time period deposits, cost savings, shares, bonds, educational financial savings, etc. have to be turned in excess of on the trustee Investments Any RRSP contributions manufactured in the 12 month time period ahead of your personal bankruptcy. Private outcomes these kinds of as jewelry, collectables, recreational machines, and so forth. These and other items of price usually are not exempt and need to be both turned above to your trustee. All over again, examine your possibilities with somebody who is experienced from the field, and somebody who isnt going to stand to financially get primarily based .
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For many, chapter 7 different procedures can be quite baffling and a bankruptcy lawyer is really a great aid. When the person in debt has relocated out of state earlier than bankruptcy, the Phoenix bankruptcy attorney might have to delay all the declaring and maybe need to take typically the a bankruptcy proceeding exceptions out of the claim that these people carried right from. The rule of thumb inside of a chapter record is definitely the person in debt really should live in california for two people years and years to make usage of which often state’s difference legislation. The chapter 7 bankruptcy trial is knowing and also witnesses that consumers advance so the person in debt may need to stay in your state they can be declaring bankruptcy for your largest part of One hundred and eighty nights as well as effectively one year. In case the chapter exceptions from a assert you should not move a person’s vessel you are able to utilize united states individual bankruptcy difference legislation.
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Chapter 7 filing fees a stretch for many who need debt relief

Some would say the intent of the 2005 bankruptcy amendments did not accomplish what was intended. For instance, while Chapter 7 and other filings did fall after the new law went into effect, the change in the rate of bankruptcies was minimal, from 1.4 percent in 2004 to 1.3 percent last year. The result is that the new regulations require more work, with a greater chance for dismissal of a petition if the requirements are not met. Nevertheless, it remains an important safeguard to those in Alabama and elsewhere who have seen their financial stability vanish and are searching for an orderly means to conquer debt and lay the groundwork for a new beginning.
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Advantages of Hiring Bankruptcy Attorney

An individual can file for chapter 13 bankruptcy if his unsecured debts are less then USD 307,675 and secured debts are less then USD 922,975. If you are self employed or run an unincorporated company, you can file chapter 13 bankruptcy. Filing a petition under this, automatically stops efforts of collectors. There is another provision for co debtors. It provides a stay for them as well. The creditor can not approach any co debtor without permission of court first.The provisions of a confirmed plan bind the debtor and each creditor. Once the court confirms the plan, the debtor must work towards implementing the plan.
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The Rising Cost of Going Bankrupt

The cost of bankruptcy rose sharply following passage of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, which introduced sweeping reforms to the bankruptcy process. These changes include mandatory credit counseling and financial education courses, additional legal documents, increased filing fees and an updated “means test” to determine bankruptcy eligibility. The burden of paying for all of these added requirements, including the increased attorney hours needed to prepare the filing, falls to the debtor.
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Qualities of an Excellent Bankruptcy Attorney

To fully find a perfect bankruptcy attorney, understanding their behavior and qualities is firmly required. One of the best qualities that a certain attorney must possess is the so-called intelligence. An excellent bankruptcy attorney must completely know the whole concept of business proceedings. They must also have definite suggestions that are extremely essential in achieving good financial future.
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How To Select A Bankruptcy Attorney NY

During an economic downturn, inevitably some individuals end up in financial ruin. Usually the catalyst for financial despair is a lost job and or significant decrease in disposable income. During the most recent recession, a number of citizens have experienced downgrade of credit scores and home foreclosure. If you are in destitute financial straits, a bankruptcy attorney NY may offer some relief.
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