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Bankruptcy In Pennsylvania http://www.bankruptcyinpennsylvania.org Fri, 10 Feb 2012 19:43:40 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 If my ex files for bankruptcy, would he be able to stop making child-support payments? http://www.bankruptcyinpennsylvania.org/if-my-ex-files-for-bankruptcy-would-he-be-able-to-stop-making-child-support-payments/ http://www.bankruptcyinpennsylvania.org/if-my-ex-files-for-bankruptcy-would-he-be-able-to-stop-making-child-support-payments/#comments Wed, 14 Jul 2010 21:14:08 +0000 admin http://www.bankruptcyinpennsylvania.org/?p=243

The world is becoming more and more complex nowadays. Extreme weather conditions, odd catastrophes, war, brutality… It seems that everything in this world is now becoming pretty unusual and mind-boggling that could ultimately result to a humanity that is struggling and suffering because of such a harsh reality. Simply put, the world will never be the same again.

In the same way, family problems are also getting rampant in this day and age. As a matter of fact, it is much worse now compared back in the day. When you come right down to it, most of these family problems often lead to separation. Not only that, divorce can also lead to child-support issues, alimony, and the like.

Psychologically speaking, nearly all problem kids in the society these days are generally a result of separation. A kid who still has unresolved issues with her parents’ divorce and single-handedly deals with the split of her parents can make her a broken child sooner or later.

Furthermore, another harsh effect of divorce is that former spouses are often left by their exes being uncertain whether they would be able to stop making child-support payments the moment their ex files for bankruptcy.

In Pennsylvania, spouses specifically ex-husbands, must always continue paying child support, including past due support owed to ex-spouse or to the State. Whether there is a chance that you can avoid paying child maintenance depends on whether you file a Chapter 13 Bankruptcy or a Chapter 7 Bankruptcy.

If you filed under Chapter 13 Bankruptcy, you may be able to stop paying child support if you can attest to the bankruptcy judge that the alimony order is not really for your ex-spouse’s support but is part of a property division. This is not an easy thing to carry out and would need the help of an experienced bankruptcy legal representative.

Believe it or not, your ex-spouses’ health, education and earning power, are the factors that the judge can consider In deciding whether the alimony is support or property division, whether payments stop or are reduced upon remarriage or a child turning 18, and whether there was a need for support at the time of the divorce. If, as is often the case, the alimony order is designed to provide for your ex-spouse’s support and maintenance, then you must continue to pay the alimony.

If you filed under Chapter 7 Bankruptcy, you must continue to make all the payments you owe your ex-spouse as part of the divorce, including whatever you owe as part of a property division.

Ultimately, filing bankruptcy will not stop a court case for a divorce, to establish paternity, or to collect child support or alimony. If you file a Chapter 13 Bankruptcy, your repayment Plan cannot be confirmed (approved by the Bankruptcy Court) unless your child support and alimony payments are current. If you fail to confirm a plan will result in the case being converted to Chapter 7.

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Under the new bankruptcy laws do I have to wait until I have no money before I file for bankruptcy? http://www.bankruptcyinpennsylvania.org/under-the-new-bankruptcy-laws-do-i-have-to-wait-until-i-have-no-money-before-i-file-for-bankruptcy/ http://www.bankruptcyinpennsylvania.org/under-the-new-bankruptcy-laws-do-i-have-to-wait-until-i-have-no-money-before-i-file-for-bankruptcy/#comments Wed, 14 Jul 2010 21:12:45 +0000 admin http://www.bankruptcyinpennsylvania.org/?p=239

In this bionic generation, conspicuous consumption and materialism is just the thing. It seems that each and everyone are now amazingly hooked with the finer things in life. As a matter of fact, nearly everyone these days has already integrated the contemporary urban way of life and thinking into their being which made them exceptionally different from the people that the society used to know back in the day.

For that reason, most people are now taking pride in dressing well and surrounding themselves with nice things. They like to shop for anything from clothes to cars and enjoy reading magazines. Also, they most likely have a marked interest in their physical and mental health.

Furthermore, they have this extraordinary desire to flaunt their assets and to unveil their individuality to the opposite sex. They are now more daring and have this eagerness to try out innovative ways so as to impress the world and to subsequently stand out from the crowd.

Simply put, this is the superhuman era of Keeping up with the Joneses where shopaholism and consumerism go sky-high. This fad is perhaps due to the unstoppable rise of ultra-modern technologies, global high fashion, upscale cafés, and all that jazz. In short, getting dressed and looking your best is the name of the game in this day and age.

Nonstop advertising and marketing messages has resulted to credit card burden. As a result, a lot of people are now getting flat broke due to this brain game that has largely influenced the contemporary human population worldwide that ultimately leads to bankruptcy.

In Pennsylvania, you don’t have to wait any longer until you lose all your money to any further extent before you file for bankruptcy. Generally, a debtor is allowed to keep even after filing bankruptcy. When you come to think of it, it is rarely a good policy to wait until all assets are absolved before filing for bankruptcy, as assets that normally would be exempt would now be lost.

Nevertheless, it would be best to talk to a lawyer to determine which assets would fall under the exemptions chosen under the new bankruptcy laws.

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Can I sell my property before filling chapter 7 Bankruptcy in Pennsylvania? http://www.bankruptcyinpennsylvania.org/can-i-sell-my-property-before-filling-chapter-7-bankruptcy-in-pennsylvania/ http://www.bankruptcyinpennsylvania.org/can-i-sell-my-property-before-filling-chapter-7-bankruptcy-in-pennsylvania/#comments Mon, 28 Jun 2010 03:38:56 +0000 admin http://www.bankruptcyinpennsylvania.org/?p=225

Putting your property up for sale right away prior to filing a Chapter 7 bankruptcy is a very risky kind of strategy because as a rule, judges really assess the financial records and assets of bankruptcy applicants carefully before granting bankruptcy. And if the federal court suspects that you have manipulated or revised the process, your Chapter 7 bankruptcy filing will be ultimately turned down.

If truth be told, selling your property before filing a Chapter 7 bankruptcy is legal. But it’s best to do for about a year or more before the filing date. Since the longer the gap in time between the asset sales and the bankruptcy, the bigger the chance that the federal court will overlook the decision.

It is always great to speak to bankruptcy lawyer before considering filing for bankruptcy. For this reason, a legal representative is incredibly needed. When you come right down to it, it’s best to work with an authority with regard to this matter before beginning any major asset sales so as to guarantee that it won’t put your filing at risk.

In the Keystone State, selling your home before filing a Chapter 7 bankruptcy may or may not be really a brilliant decision as it still depends on various major factors. That is why before you eventually make a decision, it’s imperative to consider these factors in order to for you to have knowledge of what to do:

Do you have a considerable amount of equity in your home? Just so you know when you put up your home for sale and spend the equity ahead of filing for bankruptcy, it could cause problem for your bankruptcy case depending on how recently the money was spent.

Would you prefer to stay in your home? If you are considering selling your home before bankruptcy because you don’t think you can save it, it is best to basically speak with a bankruptcy lawyer about how bankruptcy can keep you in your home.

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After how many years can you file bankruptcy again in Pennsylvania? http://www.bankruptcyinpennsylvania.org/after-how-many-years-can-you-file-bankruptcy-again-in-pennsylvania/ http://www.bankruptcyinpennsylvania.org/after-how-many-years-can-you-file-bankruptcy-again-in-pennsylvania/#comments Fri, 18 Jun 2010 05:02:00 +0000 admin http://www.bankruptcyinpennsylvania.org/?p=220

If you only pursue Chapter 13 bankruptcy, you can file a new case every couple of years. However, people who are only interested in Chapter 7 can file new cases every eight years. In the same way, if someone files a Chapter 7 case and then he discovers that he is more financially trouble, he can file a Chapter 13 case within four years of the termination of the Chapter 7 bankruptcy proceeding.

Furthermore, a person with a recent Chapter 13 case may be able to declare Chapter 7 bankruptcy right away if his or her situation has significantly changed. This is generally at the Supreme Court’s discretion. On the other hand, every Chapter 7 case stays on a credit report for a about a decade, while Chapter 13 filings are reported for several years.

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Are joint accounts required to be listed when filing for bankruptcy in Pennsylvania? http://www.bankruptcyinpennsylvania.org/are-joint-accounts-required-to-be-listed-when-filing-for-bankruptcy-in-pennsylvania/ http://www.bankruptcyinpennsylvania.org/are-joint-accounts-required-to-be-listed-when-filing-for-bankruptcy-in-pennsylvania/#comments Fri, 18 Jun 2010 04:59:27 +0000 admin http://www.bankruptcyinpennsylvania.org/?p=215

So you are planning to file for bankruptcy in the State of Pennsylvania? But before you actually do it, just take some time first to relax a little and try to contemplate if this is what you really need. Bankruptcy has serious benefits as well as serious implications. That’s why any decision involving the planning to declare bankruptcy must be given and thought about thoroughly.

The first thing you need to do when you finally decide that you are going to apply for a bankruptcy order is getting a bankruptcy lawyer. The lawyer will invaluably help you with your paper, your case and the overall proceeding of your petition.
The requirements of filing bankruptcy are the following: (1) schedules of assets and liabilities%3b (2) a schedule of current income and expenditures%3b (3) a schedule of executory contracts and unexpired leases%3b and (4) a statement of financial affair.
Since a joint account is part of the assets and responsibilities section, it follows through that it must be cited and mentioned on the list of requirements. In a joint account, you and your partner in ownership of the account are affected separately by bankruptcy. Failure to reveal the information about the existence of your joint account may result to bankruptcy fraud which may cause the dismissal of your petition. So in any case, try to include any joint account as much as possible to avoid this.
Remember, your early discharge will depend on how efficiently you comply with the rules and directives governing the laws. If you are on chapter 7, turn over the ownership of your property without making a fuss . If you used chapter 13 on the other hand, be sure to pay to your creditors on time. Be a responsible individual this time because who knows, this bankruptcy order might just be your starting point again after all.

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In Pennsylvania, how does bankruptcy affect your credit rating? http://www.bankruptcyinpennsylvania.org/in-pennsylvania-how-does-bankruptcy-affect-your-credit-rating/ http://www.bankruptcyinpennsylvania.org/in-pennsylvania-how-does-bankruptcy-affect-your-credit-rating/#comments Fri, 04 Jun 2010 22:28:21 +0000 admin http://www.bankruptcyinpennsylvania.org/?p=204

How important is credit rating in getting around with your life? Basically, a credit rating is the measurement of your likelihood to pay back your debt. When you are utilizing your credit, you are acquiring a loan that you would commit to settle within a specified period of time. Usually, your credit rating will depend on your punctuality in paying your debts. Different duration will reflect different ratings on your credit.

Being one of the original colonies, the state of Pennsylvania prides itself to have historical sites and many landmarks that are certainly worthy to be seen. This is certainly a place where you can go live your life or have a vacation, but, similar as anywhere else, it is a little wary on people with poor credit ratings and especially those with a bankruptcy glaringly reflected on your credit history.

A debtor or creditor would usually get a bankruptcy order from court if the debtor is in a state wherein he could not pay his outstanding debt. If the bankruptcy order is issued, then all of his bills and financial obligations will be forfeited. The creditor cannot just seize the debtor’s personal assets because a court’s provision would prohibit it. The creditor can nonetheless reclaim a property, like a car for example, that the individual had failed to fully pay.

So how would bankruptcy affect your credit rating?

If you have a bankruptcy record, it would stick on to your credit for at least ten years. This will take a toll on your credit rating. The possibility is that, this bankruptcy status would really elicit a negative impact on creditors, lenders, and credit agencies and companies, primarily because it would say that had the tendency to be insolvent and is, thus, a bad borrower. Although bankruptcy can let you start again by clearing your debt, it leaves a negative mark on your credit, so one must really think it thoroughly before deciding to get a bankruptcy order.

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Bankruptcy Trends in Pennsylvania http://www.bankruptcyinpennsylvania.org/bankruptcy-trends-in-pennsylvania/ http://www.bankruptcyinpennsylvania.org/bankruptcy-trends-in-pennsylvania/#comments Wed, 02 Jun 2010 15:59:29 +0000 admin http://www.bankruptcyinpennsylvania.org/?p=196

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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Free Bankruptcy Consultation in Pennsylvania http://www.bankruptcyinpennsylvania.org/free-bankruptcy-consultation-in-pennsylvania/ http://www.bankruptcyinpennsylvania.org/free-bankruptcy-consultation-in-pennsylvania/#comments Tue, 25 May 2010 20:43:54 +0000 admin http://www.bankruptcyinpennsylvania.org/?p=194

All people are prone to have one huge financial problem in their lifetime. Don’t fret because you are not the only one experiencing such things. However, your situation is unique and you might want to inquire about your circumstances through free bankruptcy consultation in Pennsylvania. Is filing Chapter 7 bankruptcy or Chapter 13 bankruptcy right for you? In the end, the choice is yours. But your case will only be successful if you get the right advice from the right person.

One advice that you’ll get from this free bankruptcy consultation in Pennsylvania is that you may want to employ a bankruptcy lawyer to assist you with your case. An experience Pennsylvania bankruptcy lawyer will help you through each stage of your bankruptcy. This lawyer is trained to give you the right advice and recommendations depending in your circumstances to avoid more damage in your properties and finances. Having them to help you will certainly reduce stress brought about by this problem. In the United States the restriction to bankruptcy filing has been increase in order to stop the number of frivolous filings. The goal of a lawyer is to help you in choosing the right kind of bankruptcy to file, the things needed to do in order to make your bankruptcy petition more acceptable in court, doing the legal aspects of the bankruptcy filing and so on.

Having expert legal advice in matters such as bankruptcy – matters that can affect your life and finances for many years to come – can prove invaluable and can make a real difference to the outcome of the proceedings. However, at an already difficult time in terms of finances and stress it does mean having to come up with the money to pay for these expert services, and this is where most people struggle. However, although you may think that you cannot afford the cost of a bankruptcy lawyer it is important to remember that you can’t really afford not to have one.

One way to avoid this situation is to take out a prepaid legal services plan, which will enable you to have access to an expert bankruptcy lawyer whenever you need advice and assistance. You will find the cost of premiums for these prepaid legal services is very low, and you can benefit hugely by having continual access to advice from an experienced bankruptcy lawyer.

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What Are The Bankruptcy Options in Pennsylvania http://www.bankruptcyinpennsylvania.org/what-are-the-bankruptcy-options-in-pennsylvania/ http://www.bankruptcyinpennsylvania.org/what-are-the-bankruptcy-options-in-pennsylvania/#comments Wed, 19 May 2010 15:24:35 +0000 admin http://www.bankruptcyinpennsylvania.org/?p=192

In most cases, filers of a bankruptcy case are required to attend a credit counselling before filing the petition. In Pennsylvania, it is necessary for a bankruptcy filer to complete a credit counselling session 6 months before filing. Through this, a professional will examine your finances and personal situation as well as provide effective financial management plan for the future. Bankruptcy options will be explained to you and whether you would qualify for a bankruptcy case.

The moment you have finally decided to declare bankruptcy in Pennsylvania, you should then choose the most appropriate bankruptcy option for your case. Although there are several options available, the most common are perhaps the Chapter 13 and the Chapter 7 bankruptcy options. Eligibility criteria vary from one option to another%3b but should a debtor fail to meet the requirements of a chapter 7 bankruptcy option in Pennsylvania, the debtor can change or shift to chapter 13 and vice versa. However, since filing for bankruptcy is a serious legal matter, it pays to carefully assess your options and other significant factors involved.

The chapter 7 bankruptcy option is also known as straight or liquidation bankruptcy. Debtors with no stable income but have assets that they are willing to use as payments to their creditors opt for this type of bankruptcy protection. Assets or personal properties which have not been claimed as exempt will be liquidated to pay off the debt. But chapter 7 filers usually have little or no assets%3b thus, they can actually walk out of their debts or be legally forgiven. However, for a debtor to be qualified for this bankruptcy option in Pennsylvania, he/she must first pass the “means test” provided in order to determine whether your annual income is really below the state’s given median annual income.

On the other hand, if you choose to deal with your debt courageously instead of just getting a clean slate easily or if you are still able to settle your debts over time, then going for a chapter 13 bankruptcy option is the bet avenue for you. Chapter 13 is referred to as repayment or debt adjustment plan%3b also a “wage earner’s plan.” This allows you to keep all or most of your priceless assets as long as you have a steady income to compensate for your debts without compromising your daily expenses. The court must approve a 3- to 5-year debt repayment plan which you and your creditors would agree upon. Once filed, your creditors would be asked to stop collection efforts or taking legal actions.

It is imperative to go over the rules and bankruptcy rules governing Pennsylvania prior to filing the case to avoid serious mistakes and further dilemmas. Provisions under each bankruptcy option in Pennsylvania may also vary from other states%3b therefore, you must fully understand the ins and outs of bankruptcy, especially the option of your choice, through the aid of a lawyer. This way, you can guarantee the success of your bankruptcy petition for a debt-free tomorrow.

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Will I lose my motorcycle if I file for bankruptcy in Pennsylvania? http://www.bankruptcyinpennsylvania.org/will-i-lose-my-motorcycle-if-i-file-for-bankruptcy-in-pennsylvania/ http://www.bankruptcyinpennsylvania.org/will-i-lose-my-motorcycle-if-i-file-for-bankruptcy-in-pennsylvania/#comments Sun, 25 Apr 2010 04:35:12 +0000 admin http://www.bankruptcyinpennsylvania.org/?p=190

You might be able to protect your motorcycle under the motor vehicle exemption. There are a few things to first consider:

  • How much equity do you have in your motorcycle?
  • Are you planning to use the Pennsylvania state bankruptcy exemptions, or the federal bankruptcy exemptions?

To calculate your equity in your motorcycle subtract the amount you owe on the motorcycle from the amount you would receive if you sold your motorcycle. This is the amount you’ll need to protect. If you have a negative equity in the motorcycle, you don’t need to worry about the bankruptcy trustee taking it away from you. Most likely, you can still keep your motorcycle as long as you keep making payments on it.

If you have a positive equity in your motorcycle, you need to consider if you are going to use the federal or Pennsylvania state bankruptcy exemptions. Based on the Pennsylvania exemptions, you would be able to protect $2,775 equity in your vehicle, and up to and addition $9,650 for the wildcard exemption (these amounts are per person – they can be doubled if filing jointly).

For the federal bankruptcy exemptions, you can protect $3,225 equity in your motor vehicle, along with the wildcard exemptions of $1,075 in any property (which can be applied to your motorcycle), and up to $10,125 of the homestead exemption, if you are not trying to protect home equity (these amounts are per person too – you can double them if you are filing jointly with your spouse).

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