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Personal Bankruptcy

Chapter 7 is by far the most common form of bankruptcy. “Chapter 7” refers to the chapter of the United States Bankruptcy Code that permits the filing of these cases. Chapter 7 cases can be filed by individuals, married couples and businesses, whether they are proprietorships, partnerships, limited partnerships, limited liability companies, or corporations. In Chapter 7, the Federal Bankruptcy Court orders all creditors to cease all collection activities the moment the Chapter 7 case is filed. This order is known as the “automatic stay”…

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Personal Reorganization

Stopping foreclosures, restructuring vehicle and other collateralized loans, restructuring tax liens, adjusting general debts if you cannot qualify for personal bankruptcy due to high income or a prior bankruptcy. Chapter 13 is available only to individuals and married couples, not to partnerships, limited liability companies, or corporations. Chapter 13 is similar to Chapter 7 insofar as the automatic stay is concerned, with one notable exception: in Chapter 13, co-signers are protected from creditors also, even though they did not file bankruptcy. Therefore, if a parent…

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Business Reorganization

Stopping lawsuits, IRS levies, garnishments, property seizures, restructuring tax debt, restructuring lender debt obligations. Chapter 11 cases are reorganization cases that are typically filed by businesses and individuals with substantial assets and debt. Chapter 11 is expensive and therefore beyond the reach of the average consumer and small business. In Chapter 11, the court issues an initial order which protects the debtor from the collection efforts of all creditors. This order is known as the “automatic stay” and is effective even against the IRS. Creditors…

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Unfair Debt Collection

Collector harassment, deceitful, unfair and illegal collection practices, bankruptcy discharge violations, bankruptcy stay violations. Unpaid debts are often turned over to debt collectors. Debt collectors are third party companies that are in the business of collecting debts for others. Debt collectors use a variety of techniques to get you to pay. Some will send a series of collection letters. Some may call you at home or at work and demand that you make payments. Some may call friends, neighbors or relatives and ask them where…

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