Bankruptcy Trends in Pennsylvania

Since pre-Declaration days, the promise of independence has drawn people to Pennsylvania. Its development has been rapid and successful, due in large part to the interest and enthusiasm of Pennsylvania’s settlers.

Pennsylvania is one of the leading manufacturing states in the United States of America. As a matter of fact, it ranks first in iron and steel products and in the output of pig iron and steel. These industries are located predominantly at Pittsburg, Johnstown, Bethlehem, Lebanon, Coatesville, Steelton, and Morrisville.

Believe it or not, each district in Pennsylvania has its own local rules which are available through its home page. Actually, it is essential to review these rules before filing for bankruptcy. For instance, in the western district, all filings must be made electronically.

In the eastern district, an original bankruptcy petition, along with all statements, schedules and supporting documents, must be filed with three paper copies. The eastern district is somewhat generous and instructs the clerk to accept all filings, even those that are unsigned or unaccompanied with the appropriate fees, and to inform the petitioner in the deficiency in their documents. A petition can be filed by facsimile in emergency cases if the middle district first gives its consent.

In all three of Pennsylvania’s districts, a bankruptcy proceeding is dismissed if the filing fee or an installment thereof is not made by its due date. The petitioner can pay the fee within 10 days of the dismissal and file for a reinstatement of the case. In the middle district, the petitioner has up to seven days after the initial due date to make payment before the case is dismissed, and the clerk will notify the petitioner of the due date of their filing fees.

Pennsylvania allows bankruptcy petitioners to use the federal exemptions. The state’s exemptions do not allow for a homestead exemption. However, property of a business partnership, insurance benefits and cash value, and pensions can all be exempted to some degree. Clothing, bibles and school books, uniforms and accouterments, and sewing machines are all generally exempt personal property. In addition, the state exemptions include a $300 wild card for any property including cash, securities or the sale of exempt property.

In Pennsylvania, the state exemption in $300.00 for an individual or $600.00 for a married couple who files jointly. Important state exemptions include, all clothing owned by the Debtor, certain pension benefits, any workman’s compensation payments and disability insurance payments. In most Pennsylvania bankruptcy cases, the debtor chooses the federal exemption standard.

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