Requirements to File Chapter 7 Bankruptcy

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There are barriers to filing for Chapter 7 bankruptcy protection and receiving the benefits of a financial fresh start and putting an end to harassing creditors, and wage garnishments. Requirements for filing a Chapter 7 bankruptcy include:

- You must finish a credit briefing session in person, by phone, or on the internet from a court-approved counseling agency within the previous 180 days;

- You must have lived in the state in which you are filing for the previous ninety days. If you have not resided in the state for the last ninety days you may file in the state in which you have resided, or where you business is located, or where the majority of your assets have been located for the previous 180 days;

- A previous bankruptcy has not been dismissed within the last 180 days for (1) voluntary dismissal after a creditor has filed for a Motion of Relief From Stay, or (2) failure to obey court orders or failure to appear before the court;

- Not having a discharge in a Chapter 7 bankruptcy which was filed within the last 8 years;

- Either not have filed a Chapter 13 in the last 6 years where you received a discharge, or have received a discharge in a Chapter 13 but paid 70% or more to your unsecured creditors;

- Average monthly income over the last 6 months is less than the median for your county OR the average monthly income over the last 6 months minus allowable expenses is not enough to pay one quarter of your debt over the next 5 years;

- Not be a financial institution, a railroad, nor an insurance company;

The requirements for who can and cannot file for Chapter 7 bankruptcy protection are found in the federal bankruptcy code. Failing to meet one or more of the requirements does not necessarily mean that you cannot receive bankruptcy protection, it may mean that you have to file a petition under another Chapter of the Code.

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Comments on Requirements to File Chapter 7 Bankruptcy

November 14, 2010

Melissa @ 3:47 pm #

My inlaws belong to Trendwest. I have friends who belong. I get listed as a referral and get the annoying phone calls. I just say no when the call comes through. I have another friend who did Trendwest. When she filed for bankruptcy the lawyer said that 90% of the people who file for bankruptcy belong to Trendwest. I'm not bashing them or anything… but I wouldn't join. If I want a trip/hotel… I call my mother in law…. and she finds me something. Some time it works.

November 25, 2010

Avi @ 12:18 pm #

yah susan he works in miami hes a bankruptcy lawyer there…. i think i said it before….

my bro sis and dad made citizenship last year besides me and my mom…. becuase i dont wanna become an israeli …… i dont want to be bound to anything in the future i prefer to be and only be American…. and also for patriotic reasons….

dont get me wrong i like israel and all but as far as being a citizen and living her neee…..

I'm out of here after 12th grade for college in the states…. mostly all my friends have their army draft dates already around july of 09' a few weeks after we graduate … its going to be very weird … but yah we move on and do what we all gotta do

December 3, 2010

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December 13, 2010

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January 2, 2011

Kevin Phillips @ 7:15 pm #

Boosting Credit Repair with the Right Credit Cards

January 6, 2011

K. Brossette,
First let me say that you should take advantage of a consultation with a Bankruptcy attorney. Many offer free initial consultations. You can gain some valuable insight this way.
Before meeting with the attorney you need to make sure that all your tax filings are compete and up to date (Federal, State, Local, Sales Tax, etc._ so that you know if there are any tax issues that need to be addressed in closing or selling the business. This will also give you an accurate picture of how your business is really doing.
The next thing that you need to consider is what the impact of the business closing will be on your personal finances and assets. It is important that you determine what debts of the business you may have personally guaranteed. This is often the case with bank loans. Many times vendors do not require personal guarantees, so it is important to review any written agreements that you may have signed with the various vendors and/or creditors when you began the business relationship with them.
Finally, it is difficult to generalize when dealing with the closure of a business because the circumstances are all different and the approach toward liquidation must be specifically tailored to the individual situation. So, you should get your information together and go see an experienced Bankruptcy attorney.

January 16, 2011

Abby in CA @ 3:25 pm #

Patrick-you should seek an attorney pronto. I think the next step after 3 day notice to quit is that you will soon be served with a Summons & Complaint for Unlawful Detainer (lawsuit for eviction). Keep notes on how, when etc. you are served all these papers. Once you are served you have to respond very quickly with filing your legal papers. However, and I am not an attorney, but you should be filing your own Fraud/TILA violation case in either state court or federal court, if indeed you are a victim of mortgage fraud and/or TILA violations or other violations. Look on this site for 'Attorneys Who Get It ' and there is a list there of attorneys by state. You need to get one right away. Avoid letting the Unlawful Detainer (eviction) court case go far. It will MOVE very fast. Once you are served UD, if you are in California, you only have 5 days to respond with your legal filing. You might be able to get the judge to combine your UD with the Fraud/TILA case you file. Also, have you considered filing bankruptcy? Call a bankruptcy attorney. Typically bankruptcy will put a stop to foreclosure process. Again, I am not an attorney and am not giving legal advice, but am explaining things I did in my case.

January 29, 2011

Twitter @ 12:02 am #

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February 1, 2011
February 27, 2011

How much did this currupt union official get paid? for this. I am a member of the TWU also known as the Totally Worthless Union.

March 5, 2011

unfathomableinquiry @ 10:17 am #

I used to have a lot of problems with? debt, but sites like

March 20, 2011

angela @ 4:32 am #

Try to get a job and then negotiate with them. Collectors won't care that you are not working. Their job is to get money. Ignore the calls until you can pay them something. I repeat, try to get a job so you can work on paying off your debt. My understanding is that they changed the bankruptcy laws and it's not as easy to file bankruptcy as it used to be. You could always contact a bankruptcy lawyer and ask his opinion. A credit counseling service is an option but they won't be able to help if you can't make a payment to them. You might check it out though. Goodwill operates one around here. Look in your phone book under credit counseling.

March 23, 2011

jethrodassam @ 10:00 pm #

April 2, 2011

What Every Individual Ought To Know About Debt Relief Services: With all the recent monetary difficulty there is…

April 10, 2011

Hello All,

Here is a detailed Paper I stumbled upon regarding MERS, Mortgage Electronic Registration Systems, that I thought I would share by Christopher Peterson. Click on the download link to view pdf file.

Abstract:
At the roots of the worst recession since the Great Depression were unaffordable home mortgages packaged into securities, sold to investors, and used as capital assets by financial institutions. The process of securitization, as well as financial institution over-leveraging associated with it, has been well documented and explored. However, there is one company that was a party to more questionable loans and foreclosures than any other and yet has received virtually no attention in the academic literature. Mortgage Electronic Registration Systems, Inc., commonly referred to as “MERS,” is the recorded owner of over half of the nation’s residential mortgages. MERS operates a computer database designed to track servicing and ownership rights of mortgage loans anywhere in the United States. But, it also acts as a proxy for the real parties in interest in county land title records. Most importantly, MERS is also filing foreclosure lawsuits on behalf of financiers against hundreds of thousands of American families. This Article explores the legal and public policy foundations of this odd, but extremely powerful, company that is so attached to America’s financial destiny. It begins with a brief explanation of the origins of the county real property recording systems and the law governing real property liens. Then, it explains how MERS works, why mortgage bankers created the company, and what MERS has done to transform the underlying assumptions of state real property recording law. Next, it explores controversial doctrinal issues confronting MERS and the companies that have relied on it, including (1) whether MERS actually has standing to bring foreclosure actions; (2) whether MERS should be considered a debt collector under the federal Fair Debt Collection Practices Act; and (3) whether loans recorded in MERS’ name should have priority in various collateral competitions under state law and the federal bankruptcy code. The article culminates in a discussion of MERS’ culpability in fostering the mortgage foreclosure crisis and what the long term effects of privatized land title records will have on our public information infrastructure. The Article concludes by considers whether the mortgage banking industry, in creating and embracing MERS, has subverted the democratic governance of the nation’s real property recording system.

4closureFraud
Follow me on Twitter for updates

April 22, 2011

Boltburdon @ 11:29 am #

Ruling protects important No Fault benefits for seriously & catastrophically injured Michigan auto accident victims.

May 1, 2011

BOO @ 2:59 pm #

When are you going to release another chapter of Code Geass?

May 16, 2011

brittanicus @ 1:33 am #

Jobless American workers cannot understand the well-documented promotion of many groups assisting illegal aliens push for AMNESTY. Millions of American people have been forced into food banks, trying to save their homes or their only means of transportation from harassing creditors. Then there are all these organizations who should be fighting for its own countryman's hiring, instead of keeping the borders unsecured. The ACLU ( Leon Levy Foundation, the Open Society Institute, Peter B. Lewis and John Sperling had stepped up with pledges totaling $23 million spread over the next three years.) These name's link to the ACLU works daily to support immigration, especially of the illegal alien variety. The US Chamber of Commerce,corporate consortium organizations and even the quasi-government agency called The Council of Foreign Relations want the free flowing cheap labor?

The 100.000 pro-amnesty protest last Sunday and in the last two months special interest groups have been conspiring in Public Relations build-up throughout this nation; backed by tens of millions of dollars. This money from George Soros (Socialist-Marxist Billionaire), Carnegie Foundation, Ford Foundation and the giant Service Employers International Unions. In 2001, David Gelbaum hedge fund manager and investor gave the Sierra Club a $101.5 million donation; although Carl Pope head of the Club, who said it didn't affect their agenda, Gelbaum admitted: "I did tell Carl Pope in 1994 or 1995 that if they ever came out anti-immigration, they would never get a dollar from me…" I guess this is why the Sierra Club is completely silent to the mounds of trash stretching for miles, where illegal aliens break into our nation? Just goes to show the huge amounts of money laundered into the push for AMNESTY and dollars for politicians campaign contributions, that the average American cannot even comprehend.

This mix is in collusion with La Raza (The Race) that is said to have a silent agenda of overrunning the Southwest, with prominently Spanish speaking people. LA RAZA, gets its donations from THE FORTUNE 500 companies, U.S. CHAMBER of COMMERCE (an obvious front for corporate interests) LA RAZA also gets donations from WELLS FARGO and BANK of AMERICA and the GOVERNMENT OF MEXICO (we are Mexico’s welfare benefits system) These groups have major money influences in the corridors of power, whereas the general public who want a permanent E-Verify has been ushered to the back. Only these entities, including politicians who see immigration as a wonderful virtue as promoters of greed, gain and profit. Under the push for a Comprehensive Immigration Reform or more honestly assessed as Amnesty, Homeland Security Napolitano has cut the budgets of the fence building (not that it was the two-layer barrier in the first place) or overall positive enforcement.

Whereas, in the President Bush years this administration did not release illegal workers once caught, releasing significant numbers back in the workforce. All this lax enforcement seems to rising to a imminent crescendo of the possible Sen. Lindsey Graham, Sen. Chuck Schumer and Sen. John McCain apparent Amnesty resurrection? In any new reform Graham-Schumer want to substitute the E-Verify program, already grown in national business awareness for the National biometric ID card. E-Verify is a perfectly stabilized computer application, that is working in removing-some but not all illegal labor, which is gaining strength as it is modified.
Currently 8 million illegal immigrant are employed, as approximated as being in the workplace. While 14.7 million citizens and legal residents remain unemployed Investigating the truth about the population explosion of illegal immigrants and families in the US, has been carefully manipulated in government reports. But12 million illegal foreigners doesn't agree with the US Border Patrol in Tuscon.

We have politicians that have intervened in making E-Verify permanently such as Harry Reid and majority Speaker Nancy Pelosi who are unlikely to be reelected. ONE THINGS FOR SURE, ANY KIND OF AMNESTY WILL BE DIFFICULT TO PASS IN THIS ECONOMIC ENVIRONMENT, EVEN AS THE UNEMPLOYMENT RATE STILL RISES? THE PROTECTION OF EVERY US WORKERS JOB SHOULD BE FIRST ON ANY AGENDA, INCLUDING A HIGH LEVER OF NATIONAL SECURITY.

This week the strong ongoing evidence that the border states are in constant danger, when a Arizona Rancher was shot dead on his property near the Southwest border. Rob Krentz with his dog had been shot and killed and was found by an Arizona Public Safety helicopter. Authorities say they found footprints near Krentz's vehicle and followed them to the U.S./Mexican border. .Phil Krentz said that the last time he spoke to Rob, he was responding to an injured illegal alien. The border region is becoming a battleground and it's high time the Homeland Security Chief Napolitano issued orders for the NATIONAL GUARD, fully armed to keep US civilians safe from incursions of drug smugglers, illegal alien criminals and even terrorists. The US border Patrol, and scattered law enforcement is no longer enough to fight this spreading blood bath. Demand this today from our government lawmakers at 202-224-3121. Find out more on all illegal immigration outrages at http://www.numbersusa.com and http://www.judicialwatch.org.

adahna @ 3:56 pm #

Creulty to animals and punishments.! RT What's in it? Do share. RT adahna: Chapter 50 of the criminal Code has to be a joke..!

May 23, 2011

Bookmarklet @ 7:35 pm #

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May 31, 2011

Legal_Alerts @ 6:34 am #

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June 5, 2011

Tara @ 2:45 am #

Wow–congratulations. It once took me a couple of years to get a birth certificate issued. I finally took a binder of documents to the courthouse and camped outside of various offices, stunning various bureaucrats out of their stupor by meeting wild, unpredictable demands for things like proof of my parents' place of residence precisely ninety days before I was adopted in 1974, etc. It was a misery, but a triumph.

June 26, 2011

Guendolidvmz @ 2:09 pm #

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July 1, 2011

ronkaniuk @ 1:21 am #

RT @Taranei yes, its called voluntary dismissal…lmao

July 3, 2011

Andrew Keum @ 7:12 pm #

Vehicle surcharges are usually not dischargeable in a Chapter 7. Surcharges from DWI's are not dischargeable. You can attempt to include them in a Chapter 13 repayment Plan, however.

In order to apply for a waiver of court filings fees for a Chapter 7 bankruptcy, the filer's income must be below 150% of the official poverty line. For a couple, the poverty line is $14,710, and for family of 4, the poverty line is $22,350.

Even if the income requirements are met, the filer must also show that they don't have the ability to pay the filing fee in installment payments. A court filing fee waiver is still possible if the attorney has been paid.

August 8, 2011

JannetNabity250 @ 2:27 pm #

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August 28, 2011

Link Directory - Web Directory @ 10:17 pm #

Enrolled Agents Needed to Resolve IRS Wage Garnishments –

September 1, 2011

MERS Rules Update | Certifying Officers MUST Execute the Assignment of the Security Instrument from MERS BEFORE Initiating Foreclosure Proceedings or Filing Legal Proceedings –

November 6, 2011

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November 26, 2011

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March 5, 2012

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April 26, 2012

@ 7:27 pm #

"The Assembly deplores the fact that the judicial system of Ukraine has been systematically misused by other branches of power and that top officials do not execute the courts’ decisions, which is a sign of erosion of this crucial democratic institution.

An independent and impartial judiciary is a precondition for the existence of a democratic society governed by the rule of law.

Hence the urgent necessity to carry out comprehensive judicial reform, including through amendments to the constitution.

The Assembly reiterates that the authority of the sole body responsible for constitutional justice – the Constitutional Court of Ukraine – should be guaranteed and respected.

Any form of pressure on the judges is intolerable and should be investigated and criminally prosecuted.

There is an urgent need for all pending judgments, and in particular the judgment concerning the constitutionality of the Presidential Decree of 2 April 2007, to be delivered. If delivered, the latter should be accepted as binding by all sides."

The associated explanatory report under the sub-heading of Pressure on the courts expressed concern that

"Several local courts have made decisions to suspend the Presidential Decree only to then withdraw them, allegedly under pressure from the presidential secretariat." (item 67)"

In emphasis the report (item 68) stated

"This is a worrying tendency of legal nihilism that should not be tolerated. It is as clear as day that in a state governed by the rule of law judicial mistakes should be corrected through appeal procedures and not through threats or disciplinary sanctions"

The president has no authority or right to unilateraly deterime if a judge has "breached their oath" and as such has no authority to interfer with the opperation of the Courts by dismissing members of the court. If there is a case to be heard against any judges then the matter should have been considered under Article 131 of Ukraine's Costitution by the High Council of Justice who should consider any allegations and then decide on what course of action should be taken. The pricipals of "Natural Justice" must apply and anyone accused of wrong doing has a right to defend themsleves against ay allegations of wrong doing.

The fact that Yushchenko had a direct conflict of interest in the opperation and determination of the Constitutioal Court further adds to the need for due and proper process and independence of the courts.

Ukraine's Constitution Chapter XII – Constitutional Court of Ukraine

Article 149

Judges of the Constitutional Court of Ukraine are subject to the guarantees of independence and immunity and to the grounds for dismissal from office envisaged by Article 126 of this Constitution, and the requirements concerning incompatibility as determined in Article 127, paragraph two of this Constitution.

Reference – Chapter VIII – Justice

Article 126

The independence and immunity of judges are guaranteed by the Constitution and the laws of Ukraine.

Influencing judges in any manner is prohibited.

A judge shall not be detained or arrested without the consent of the Verkhovna Rada of Ukraine, until a verdict of guilty is rendered by a court.

Judges hold office for permanent terms, except judges of the Constitutional Court of Ukraine, and judges appointed to the office of judge for the first time.

A judge is dismissed from office by the body that elected or appointed him or her in the event of:

1 ) the expiration of the term for which he or she was elected or appointed;
2 ) the judge's attainment of the age of sixty-five;
3 ) the impossibility to exercise his or her authority for reasons of health;
4 ) the violation by the judge of requirements concerning incompatibility;
5 ) the breach of oath by the judge;
6 ) the entry into legal force of a verdict of guilty against him or her;
7 ) the termination of his or her citizenship;
8 ) the declaration that he or she is missing, or the pronouncement that he or she is dead;
9 ) the submission by the judge of a statement of resignation or of voluntary dismissal from office.

The authority of the judge terminates in the event of his or her death.

The State ensures the personal security of judges and their families.

Article 127

Justice is administered by professional judges and, in cases determined by law, people's assessors and jurors.

Professional judges shall not belong to political parties and trade unions, take part in any political activity, hold a representative mandate, occupy any other paid positions, perform other remunerated work except scholarly, teaching and creative activity.

A citizen of Ukraine, not younger than the age of twenty-five, who has a higher legal education and has work experience in the sphere of law for no less than three years, has resided in Ukraine for no less than ten years and has command of the state language, may be recommended for the office of judge by the Qualification Commission of Judges.

Persons with professional training in issues of jurisdiction of specialised courts may be judges of these courts. These judges administer justice only as members of a collegium of judges.

Additional requirements for certain categories of judges in terms of experience, age and their professional level are established by law.

Protection of the professional interests of judges is exercised by the procedure established by law.

Article 131

The High Council of Justice operates in Ukraine, whose competence comprises:

1 ) forwarding submissions on the appointment of judges to office or on their dismissal from office;
2 ) adopting decisions in regard to the violation by judges and Prosecutors of the requirements concerning incompatibility;
3 ) exercising disciplinary procedure in regard to judges of the Supreme Court of Ukraine and judges of high specialised courts, and the consideration of complaints regarding decisions on bringing to disciplinary liability judges of courts of appeal an d local courts, and also Prosecutors.

The High Council of Justice consists of twenty members. The Verkhovna Rada of Ukraine, the President of Ukraine, the Congress of Judges of Ukraine, the Congress of Advocates of Ukraine, and the Congress of Representatives of Higher Legal Educational Establishments and Scientific Institutions, each appoint three members to the High Council of Justice, and the All-Ukrainian Conference of Employees of the Prokuratura — two members of the High Council of Justice.

The Chairperson of the Supreme Court of Ukraine, the Minister of Justice of Ukraine and the Prosecutor General of Ukraine are ex officio members of the High Council of Justice.

http://forua.wordpress.com/2006/05/25/constitution-of-ukraine-25-may-2006/>

May 16, 2012

loubietheartist @ 2:22 am #

Blog Archive: What are allowable expenses for employed and self-employed people and what can be claimed against tax?