17.05.2019
jbrown
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Lately, I have had several clients come to me, who have been told by other bankruptcy lawyers, that they must file a Chapter 13. After a few questions, I determined they could have achieved their goals with a Chapter 7. I think this is often a scam and I know which particular lawyers in town are doing it. A Chapter 13 is far more difficult and expensive for the client than a Chapter 7. It takes 5 years and involves a very intrusive process over that time, while the expenses can be very high. Meanwhile, a Chapter 7 is normally a flat fee and only takes a few months (most of the time). A Chapter 13 results in much higher fees for the lawyer and this is the only reason these lawyers are pushing their clients into Chapter 13, when Chapter 7 is available. My fee for Chapter 7 fee is normally $890.00. Chapter 13 costs range from $3,500 - $5,000, or more. We Can Convert Wrongly Filed Chapter 13 to Chapter 7  You are entitled to convert your Chapter 13 to a Chapter 7. Our firm has converted several Chapter 13 cases to Chapter 7. We are glad to do so for you. Certain ethics rules apply in seeking new counsel and we'll immediately educate you about that when you call. (614) 284-4394
15.05.2019
jbrown
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Wage Garnishment Blues When you owe a creditor money, they may go to county courts and sue you for that money. If you don't pay, then they can garnish your wages. It is pretty simple for them--its just a form they fill out at the Court essentially. From your standpoint, you can contest the original lawsuit. If you lose, you must pay. Most people do not contest the lawsuit. In fact, most people look the other way until the wage garnishment hits. That is what really gets their attention. Bankruptcy can stop the wage garnishment in its tracks. Its really that simple. However, the realities of enforcing the bankruptcy at the county court take an experienced attorney. You will have to file documents with the Court, explain things to the clerks, and your own human resources department. That is what we offer. If you have a wage garnishment issue, we can help. Call now: (614) 284-4394
04.05.2019
jbrown
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Many people are afraid of bankruptcy. Many of my clients are afraid of losing their cars, houses, or other assets. Some are afraid of damage to their credit reports. Below I'll discuss those two issues in brief. You will need to consult with us for a full explanation of how the law applies to your individual situation. Fear of Lost Assets (car, house, etc.)  Chapter 13 bankruptcy does not have this issue. However, it is true, that in a chapter 7 bankruptcy, the law puts you through a "liquidation" of assets. That basically means the selling of assets and using the funds to pay creditors. However, Ohio law provides a robust series of "exemptions." Those exemptions prevent property from being liquidated in a chapter 7 bankruptcy. I know how to apply those exemptions. I know what the trustees who examine those exemptions are looking for. I have personally never represented a client who lost their car in a chapter 7 bankruptcy that I filed for them. Generally speaking, I cannot make a promise to you on this, but you should not avoid a bankruptcy consultation with my firm for fear of losing your car. If it is a possibility, we'll be sure to explain that to you in detail before you file your bankruptcy case. Fear of Credit Report Damage  The credit report is a complex subject. There are great explanations out there on how it works and what effects it in several books. This is not a full-throated explanation of the credit reporting system. Just a brief description of how bankruptcy will effect it. This is somewhat of an oversimplification, but for the purpose of this discussion, there are three main ways to get a good credit score: 1) pay your bills on time, 2) have a good debt-to-income ratio, and 3) own real estate. Your credit score will reflect that you filed bankruptcy for around eight years. However, bankruptcy is just one of many factors taken into consideration in your credit score. As long as you are strong in the three factors above, in the long term, your score will be strong. If your credit score is really good, it is likely a bankruptcy will bring it down for at least a few months. However, if you remain strong in the three categories above, it will come back up. If your credit score is really bad, it is likely a bankruptcy will have no effect or even improve your score (in the long term). This is because a bankruptcy will wipe out your debts, thereby improving your debt-to-income ratio. If you pay your bills on time and manage your debt wisely, your credit score will improve. Eventually, you'll get to a place where you can purchase some real estate and develop a strong score. But what if you are somewhere in the middle? The bankruptcy's effect on your score is probably going to be negative in the short term. Where you end up in the long term is the same though: generally speaking, if you pay your bills on time and manage your debt wisely, your credit score will improve. In my follow-up conversations with clients, I have been told that they begin receiving offers for credit and car loans almost immediately after filing bankruptcy. I have been contacted by multiple car loan companies that seek specifically to work with recent bankruptcy filers. This is probably because the vast majority of bankruptcy filers are determined to get on the right track after filing. The default rate for bankruptcy filers is relatively low. Plus, creditors know you cannot file again for quite a while. Conclusion: If you are considering bankruptcy, come have a consultation with us or a reputable credit counseling company like www.apprisen.com. It is likely your fears will be alleviated.
22.04.2019
jbrown
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Will you lose your car in bankruptcy? It is very rare. When you file a bankruptcy case, the Court will create a "bankruptcy estate." This is a fictional entity, like a corporation. The estate is made up of all assets you own, including your car. In a chapter 7 bankruptcy, the estate is liquidated -- meaning that your assets are sold and the money is used to pay creditors. This is where people are afraid of losing their car. However, usually there is no need to fear. Ohio law provides "exemptions" that exempt your property from the liquidation. The exemptions are specific amounts that apply to specific types of property. The Ohio exemption for cars is $3,700.00 and it only is needed to apply to equity. Equity is the difference between how much your car is worth and how much you owe on the car. You do not need an exemption to cover secured debt. So here are some examples: 1. You have a car worth $10,000.00. You owe $12,000.00 on it. There is no need for an exemption, because there is no equity. There will be no liquidation in this case. 2. You have a car worth $10,000.00. You owe $8,000.00 on it. Therefore, there is $2,000.00 in equity in the vehicle. The exemption of $3,700.00 covers the entire $2,000.00 in equity. There will be no liquidation in this case. 3. You have a car worth $10,000.00. You owe $5,000.00 on it. Therefore, you have $5,000.00 in equity in the car. The $3,700.00 car exemption does not cover the equity in the car. However, there is another exemption of $1,290.00, called the "wild card" exemption that you can use to cover the gap. There would only be an amount of $10.00 not covered by secured debt or an exemption. This is too little money for the estate to liquidate. There will be no liquidation in this case, as long as the wild card is not being used for something else. 4. You have a car worth $10,000.00. You own it outright. Therefore, you have $10,000.00 in equity in the car. The $3,700.00 exemption does not cover that much equity, even when the wildcard is added in. It is likely the car would be liquidated. However, I would not recommend giving up here. There are some options, but you will need a seasoned bankruptcy attorney to deal with this kind of issue. Call us any time with questions! (614) 284-4394
17.04.2019
jbrown
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If somebody who owes you money files bankruptcy, you may be able fight the discharge of your debt if it was acquired through fraud. Debt that is acquired through fraud is not dischargeable in bankruptcy. Under 11 U.S.C. § 523(a)(2)(A). Section 523(a)(2)(A) excepts from discharge any debt: (2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition. 11 U.S.C. § 523(a)(2)(A).  Under section 523(a)(2)(A), the creditor bears the burden of proving by a preponderance of the evidence, that: 1) the debtor obtained money through a material misrepresentation that, at the time, the debtor knew was false or made with gross recklessness as to its truth; 2) the debtor intended to deceive the creditor; 3) the creditor justifiably relied on the false representation; and 4) its reliance was the proximate cause of the loss. In re Bradley, 507 B.R. 192, 205 (B.A.P. 6th Cir. 2014) (citing Old Republic Title Co. of Tenn. v. Looney (In re Looney), 453 B.R. 252, 259 (6th Cir. BAP 2011); and Rembert v. AT&T Universal Card Servs., Inc. (In re Rembert), 141 F.3d 277, 280–81 (6th Cir.1998)).  To prove fraud under Ohio common law, a plaintiff must prove the following elements: (a) a representation or, where there is a duty to disclose, concealment of a fact; (b) which is material to the transaction at hand; (c) made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred; (d) with the intent of misleading another into relying upon it; (e) justifiable reliance upon the representation or concealment; and (f) a resulting injury proximately caused by the reliance. Schafer v. Rapp (In re Rapp), 375 B.R. 421, 431 (Bankr. S.D. Ohio 2007) (citing Burr v. Board of County Comm’rs, 491 N.E.2d 1101, 1102 (Ohio 1986)).  11 U.S.C. 523(a)(6) also allows you to  fight the discharge of any debt acquired  through malice or willful injury. That section states, in pertinent part, as follows: "a discharge under section 727. . . of this title does not discharge an individual debtor from any debt . . . for willful and malicious injury by the debtor to another entity or to the property of another entity." Under this section, the elements of willfulness and maliciousness are both required to be proven in order to support a claim for nondischargeability. United States v. Vandrovec (In re Vandorvec), 61B.R. 191, 196 (Bankr. D. N.D. 1986).  The Sixth Circuit Court of Appeals (which covers Ohio) has qualified that a willful and malicious injury occurs only if a debtor (1) desires “to cause the consequences of his act, or” (2) “believes those consequences are substantially certain to result from it.” Markowitz v. Campbell (In re Markowitz), 190 F.3d 455, 464 (6th Cir.1999). See alsoIn re Bradley, 507 B.R. 192, 205 (B.A.P. 6th Cir. 2014); JP Morgan Chase Bank, NA v. Algire (In re Algire), 430 B.R. 817 (Bankr. S.D. Ohio 2010). “[B]ecause the word ‘willful’ modifies the word ‘injury,’ § 523(a)(6) requires a ‘deliberate or intentional injury, not merely a deliberate orintentional act that leads to injury.’” Westbury Village Assoc. v. Zweifel (In re Zweifel), 555 B.R. 659, 664 (Bankr. S.D. Ohio 2016) (quoting Kawaauhau v. Geiger, 523 U.S. 57, 61 (1998)).
16.04.2019
jbrown
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If you have a wage garnishment, generally bankruptcy is going to be an effective tool to stop it. Wage garnishments are filed in county courts in Ohio: both municipal and common pleas. Once a bankruptcy is filed, federal law requires the county proceedings to stop. However, you have to properly notify the county court. To do that, you have to file the proper documents. Generally, I will make an appearance for my client and go on as their attorney of record in the case. Then I'll file the proper notices. Even then, there can be multiple hassles. The Clerk may still need to return funds garnished previously. All funds garnished after the bankruptcy is filed must be returned. The Court may also refuse to put a stay on all collections. In this case, you need an attorney who knows what the courts are looking for in order to fully impose the bankruptcy in the case. Give us a call for advise about your situation: (614) 284-4394. Disclaimer The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Requires the following notice: We are a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code. This web site is not an offer to provide bankruptcy assistance services to any assisted person as defined under Section 527(a)(2) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The information provided on this web site is for general information purposes only. This web site does not provide legal advice of any kind. While we make every effort to ensure that all information on the site is accurate, we do not guarantee that it is accurate or complete. You should not act or rely upon this information without seeking the advice of an attorney.   Information provided or contact made by you does not establish an attorney-client relationship. The only way to become our client is after a meeting and through a written agreement in which you agree to retain us and we agree to represent you. Use of this web site by you does not make you a client of the firm or create an attorney- client relationship. If you want to become a client, you may begin the process by calling any lawyer at the firm or sending us e-mail using the "Contact" page on this web site. You cannot become a client, however, until you agree to retain us and we agree to represent you. Electronic mail is not more or less secure that regular mail, cellular telephones, fax machines and other electronic means of communication. E-mail can be intercepted. If you wish to talk to anyone in the firm about a matter for which confidentiality is important, we suggest that you do so in person. If you choose to communicate by some other means, please recognize the risk of interception. Each of the attorneys in the firm is licensed to practice in Ohio. When we are asked to handle a case in another state, we may retain local counsel there to assure we comply with the ethical and legal rules of that state. No part of this web site or its contents may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means electronic, mechanical, photocopying, recording, or otherwise other than for personal use without prior written approval.
01.10.2014
jbrown
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Nobody files for bankruptcy protection because they want to. It is a serious decision and scares many people. As I will discuss below, there is no shame in making the right decision for you, your family, and your community. There are many reasons not to be scared of bankruptcy. Once you consult with an experienced attorney and weigh your options, there is no reason to delay or be scared once you decide it is the right decision for you. Here are a few questions to ask yourself right off the bat: 1.      Have you consulted with a reputable financial adviser? 2.      Do you feel your financial situation is uncontrollable? 3.      Are you not answering your phone or sick of getting calls about debt collection? 4.      Are you using credit or borrowed money to pay for necessities? 5.      If I asked you “how much debt do you have?” would you be able to answer that question? Each of these questions are important when deciding to file for bankruptcy protection. Generally, you need to think of it on a 7-10 year timeframe. After about 7 years, your bankruptcy will likely not appear on your credit report any longer (although it will be a public record). The harshest consequence of filing bankruptcy (in my opinion) is that it appears on your credit report, although there are other personal issues I discuss with my clients as a counselor.   That being the case, will your financial situation improve in the next 7 years? If you are only making the minimum payments on credit cards, racking up new debt to pay for necessities, and not in control of your finances—then most likely your financial situation will still be bad in7 years.   If you file bankruptcy now, most of your debt will be gone immediately. In 7 years, the bankruptcy damage to your credit will begin to repair. So essentially, after that period, the harshest consequence to filing bankruptcy is mitigated. Again, the courts and Congress have made the point of bankruptcy law clear: it is to get people a fresh start so that they can be productive members of society. Depending on other circumstances, you may see improvements in your credit worthiness after filing bankruptcy within a year or so. I have written about how retirees and other categories of people have no reason not to file bankruptcy if they cannot live a productive life with their current debt. The point of bankruptcy is to invoke some ancient rules that go all the way back to the Old Testament. These rules are designed to make you and your community better by offering you the opportunity to become a productive citizen again. We want you working gainfully, not just paying off old debts for the rest of your life. UPDATE: Thanks to a follower on Facebook, I have decided to do an update to this article. She questioned the 7 year time frame I speak of above. Here is how it is put by Free Credit Score.com: "Credit reports and scores were designed to assist lenders in deciding who was more or less likely to fulfill their financial obligations.  When someone files for bankruptcy, it's extremely damaging to their credit score as it's a failure to meet all (or almost all) of their financial obligations.  While through discipline and hard work, it is possible to quickly bounce back from the financial implications of a bankruptcy, the credit implications will last for at least seven years.  During that time period, it is unlikely that a person will be approved for new loans or credit accounts, and if they are the terms are likely to include high fees and interest rates." As I wrote above, the credit damage begins to repair. Essentially, the bulk of the negative effects are worn off by the point. So I stand by my 7 year time frame, although it is definitely 10 years for the full recovery. Free Bankruptcy Lawyer Consultation: www.bankruptcylawyerdirecttalk.com
23.07.2014
jbrown
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I have filed cases for older people who are simply ready to get rid of their debt and start moving forward with enjoying retirement. Obviously, you are better off if you plan for retirement. Many people have either not planned well or have had circumstances that have undermined their plans. This can include the accumulation of lots of debt. If this happens to you, bankruptcy may be a useful tool in retirement. First, I strongly suggest consulting with a retirement planning expert. There are non-profits that offer such services as well as professional firms. No matter how hard you try, you will never know enough to make these decisions on your own. You need someone who specializes in retirement planning. If your retirement planner sees that you have a lot of debt, he/she may recommend bankruptcy. Click here for an article on “What is Bankruptcy.” Qualifying for Chapter 7 Our first consideration will be the question of whether you qualify for Chapter 7 or not. Most people would much rather go into Chapter 7 than any other chapter. If you don’t qualify for Chapter 7, then we will look at a Chapter 13, which is a longer and more expensive process. To qualify for Chapter 7 bankruptcy, your last six-months of income must be below a certain threshold, unless over half your debt is “non-consumer debt” (in which case your income is irrelevant). The definition of non-consumer debt is extremely broad and even includes student loans. Your last six-months of income will depend on many factors as there is a long and complicated formula for determining this number and the threshold that applies to you. If you are over 65, you get a boost in qualifying. As part of my free consultation, I will give you a free legal opinion as to whether you qualify for Chapter 7. I promise not to pressure you to go forward after that. So let’s say that you don’t qualify for Chapter 7. We still have plenty of options. First, since you are beginning retirement, we assume your income is about the drastically decrease. So that gives us the possibility of starting a Chapter 13 and later converting to a Chapter 7 when you qualify. Also, we are allowed to simply wait a few months until your last 6-months of income is below the threshold. These options will also give us more time to engage in pre-filing planning. Finally, there are several factors that we are allowed to take into account to bring your income number down and increase the threshold number—including whether you are over 65 or have financial dependents over the age of 65. Protecting Your Assets Our second consideration will be whether your assets will be protected in bankruptcy. If you read my essay on “What is Bankruptcy,” you saw that the court will appoint a trustee to manage your assets, with the goal of selling them to pay off creditors. However, we will not file bankruptcy for you unless we are sure that your assets are “exempt” or “excluded” from this selling-off process. The exemption process is one of the primary duties of a bankruptcy attorney. Most retirement accounts, including most IRA’s, 401K’s, pensions, deferred compensation accounts, and other retirement assets are going to be protected (i.e., exempt from selling-off) up to a very high amount. Social Security income is exempt. For very wealthy retirees, you may run into a problem here, but most people will not. Your House: One big issue we see is in protecting a retiree’s house. Homes and real estate are not treated differently for retirees, relative to other classes of bankruptcy filers. However, as a practical matter, many retirees actually own their homes outright, with no liens or mortgages. Fear not. The exemption for the value of your home is pretty high. If your home’s value is far above the exemption amount, then we still have options. Often, this would be a reason we would look at a Chapter 13, but we bankruptcy attorneys have to deal with this problem on a case-by-case basis. How Will Filing Affect My Chances of Getting Accepted Into a Retirement Home? If it is a facility that accepts Medicaid, they cannot discriminate on this basis. If they don’t accept Medicaid, they may discriminate on that basis. However, if you have a lot of debt, they probably were not going to take you anyways. So here is what you should know. They will look at your debt-to-income ratio before anything else. The best thing to do in this case is file sooner rather than later. After you rid yourself of oppressive debt and get some time between your application to a retirement home and your bankruptcy filing, your chances will begin to go up significantly. In Conclusion If you are considering retirement and you have a lot of debt, you should definitely consider bankruptcy. You should first consult with a skilled retirement planner. Then, if he/she recommends it, come to me and we will see what your options are in bankruptcy.   
15.07.2014
jbrown
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So you haven’t been able to pay your mortgage. In Ohio, as in America, we really believe in the sanctity of a person’s home. That is why we have a very extensive process of foreclosure before you can lose your home. To handle these difficult situations, you need to be educated on several different aspects of the process.   1. Learn About the Rules of Foreclosure To learn details about how the foreclosure process works in Ohio, see this website: http://www.savethedream.ohio.gov/index.aspx. This website will explain things better than I ever could. Meanwhile, bankruptcy provides a few tools for dealing with foreclosure. There are two main types of bankruptcy that individuals generally consider: chapter 7 and 13.   2. What if you Get Into an Emergency Situation? Bankruptcy rules can possibly help you if you get into a financial emergency. Before you consider bankruptcy, you should understand the difference between secured and unsecured debt; and how it is treated in bankruptcy. Here are a few things to understand: ·        Secured debt means that the creditor can take some property from you if you don’t pay the debt. That means that the property is collateral on the loan. ·        Unsecured debt means that there is no collateral on the loan or that there is nothing the creditor can take from you, simply because you didn't pay. Rather than take property from you, the creditor will have to go through the debt collection process. This generally involves filing notices on your credit reports and filing a law suit.  The company that provides your mortgage is a secured creditor and your debt under the mortgage is a secured debt--meaning they can take the house from you if you don't pay them what you owe. Under bankruptcy law, secured creditors have more rights. Generally, they can either demand to be paid or take the property back. Debtors have three choices: 1) redemption (basically a refinance), 2) reaffirmation, and 3) surrender.  The surrender option is the most powerful. This option gives the bankrupt debtor the option to: 1) discharge the debt owed, and 2) get out of the contract. This is a good option if the debtor is willing to give up the property and start over somewhere else. Reaffirmation means that the debtor wants to continue making payments and keep the property. However, the creditor does not have to reaffirm if the debtor is not keeping up with payments. Chapter 7 and Foreclosure A Chapter 7 is a relatively quick bankruptcy process that eliminates most debt types and usually only takes a few months. If you are going through the foreclosure process on your home, Chapter 7 can slow it down, but it can only stop it if you have a way of catching up on the payments you owe. The filing of a bankruptcy will institute an “automatic stay.” This stay forbids creditors from attempting to collect a debt without court permission. If you are not caught up on your mortgage, you can bet the mortgage company will ask the court for permission to re-institute the foreclosure. If you are not caught up on your mortgage, they’ll probably get that permission. However, the stay gives you some time to catch up—which gives you a good chance of reaffirming. Chapter 13 and Foreclosure Under a chapter 13 bankruptcy, the debtor will get into a payment plan. As part of this plan, the debtor will pay the unpaid payments on the mortgage, while continuing to make current mortgage payments. Basically, this option gives you an opportunity to pay the mortgage payments over a longer period of time. Meanwhile, the process will allow you to ultimately get your unsecured debt under control, so that you can afford the payment plan. Chapter 13’s are very complicated and require an attorney’s consultation to fully understand. Please feel free to contact our law office for more information.  (614) 284-4394 josh@joshbrownesq.com   
10.07.2014
jbrown
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Bankruptcy is something many people have heard of but they don't exactly know what it is. In fact, many people use the term "bankrupt" very imprecisely. Politicians for example, often exclaim "the United States is bankrupt!" or "that guy is morally bankrupt!" Essentially, bankruptcy means that you have filed a petition with a bankruptcy court, asking the court to initiate some ancient rules--rules that are referred to in the Old Testament. There are two main rules in play. First, is the "stay" or "automatic stay." The stay is an order from the court to the world that no debt collectors are to attempt to collect a debt from the petitioner (called a "debtor") unless the court approves of it. This stops all wage garnishments, court proceedings, phone calls, etc.. You name it.  The second rule is the "discharge." If the court believes you qualify, it will grant a discharge of all the debtor's debt, except for that which Congress has decided is not dischargeable. That is mainly (but not solely) child support, alimony, and (ironically) certain taxes. Since ancient times, bankruptcies are available every 7 years. In the U.S. it is available every 8 years, with some exceptions.  The purpose of asking for the initiation of these bankruptcy rules, is because they provide a process for getting a financial "fresh start." In fact, bankruptcy courts often refer to bankruptcy's purpose as "getting a fresh start." The discharge gets rid of oppressive debt; while the automatic stay gives you a breathing space to undergo the process of getting a discharge. The theory is that the government would rather have you working productively, than solely working to pay your bills. If you are only working to pay bills, then you may not have an incentive to work at all. Especially if the end is never in sight. Many people in that situation would simply stop working. When considering the debtor's rights, the bankruptcy courts will look to make sure that the debtor doesn't have enough money available to pay debts and expenses on a periodic (generally month-to-month) basis. Those debtor's rights will depend generally on the money the debtor has available and the debtor's income--although several other factors may come into play as well. Congress has set up a system of bankruptcy "chapters" that provide a framework for debtors to exercise their bankruptcy rights. Generally, individual and business debtors use chapter 7 and individuals sometimes use chapter 13 (on rare occasions, both might file under chapter 11). Generally, you consult with an attorney to decide which chapter to file for. We'll only address individual bankruptcies here and not chapter 11's which are rarely used. Filing bankruptcy immediately creates a bankruptcy estate. The bankruptcy estate consists of all the assets of the debtor that are not "exempted" from the estate. Generally, a debtor's bankruptcy petition will exempt most or all of their personal belongings from the estate--at least that is what we attempt to do. Congress has created broad rules defining what is exempt. Those rules attempt to exempt items that debtors need to survive, plus a little extra. The Courts will appoint a Trustee to manage the affairs of the estate. The Trustee's job is to sell the assets of the estate in order to pay the debtor's creditors. The Trustee gets to keep a percentage for himself. If any asset of the estate is not exempt, the estate Trustee will take it and sell it off to creditors if the Trustee thinks there is enough value in the item to make it worth his efforts. The theory behind this, is that the courts should not discharge a debtor's debt unless the debtor's assets are used to pay off creditors first. After the Trustee has administered the assets of the estate (or determined that there are no assets) then the U.S. Department of Justice has an office that will take a look at the petition. Their office is called the U.S. Trustee's Office (not to be confused with the estate Trustee--there is no connection between the two). This office plays an oversight role and basically tries to root out petitioners who are not playing by the rules. So in summary, bankruptcy is a two-handed process where--on one hand--a person petitions a court to grant the petitioner a stay on collection of debt until the court can grant a Discharge Order. On the other hand, the court will put the petitioner's non-essential (i.e., non-exempt) belongings into a bankruptcy estate and sells off the assets of the estate to pay off creditors.

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Graff & McGovern LPA

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We are a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code. This web site is not an offer to provide bankruptcy assistance services to any assisted person as defined under Section 527(a)(2) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

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