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  A small business may need to file a bankruptcy to protect its owner and its assets while continuing to operate. The sole proprietor (an individual “doing business as”) can file a Chapter 13.and include his business. One exception to this rule is if the small business is operating as a corporation. Corporations are not permitted to file Chapter 13 pursuant to Section 11 USC 109 e. This section clearly states that only an individual with regular income can file a Chapter 13; however, there may be a way around this.

 

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  A small business may need to file a bankruptcy to protect its owner and its assets while continuing to operate. The sole proprietor (an individual “doing business as”) can file a Chapter 13.and include his business. One exception to this rule is if the small business is operating as a corporation. Corporations are not permitted to file Chapter 13 pursuant to Section 11 USC 109 e. This section clearly states that only an individual with regular income can file a Chapter 13; however, there may be a way around this.

 

Reaffirmation agreements have been the source of significant debate since the bankruptcy amendments of 2005.  One issue that strikes fear in the hearts of debtor’s counsel is whether to allow a client to reaffirm a mortgage obligation.  This is a huge issue because of the real estate market and the uncertainty of the economy.

 

Reaffirmation agreements have been the source of significant debate since the bankruptcy amendments of 2005.  One issue that strikes fear in the hearts of debtor’s counsel is whether to allow a client to reaffirm a mortgage obligation.  This is a huge issue because of the real estate market and the uncertainty of the economy.

 

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If you filed for bankruptcy, you can get a copy of all your documents for a few dollars, or even free.   I saw an online ad today that said something like this: 

Get the official bankruptcy documents you need instantly ……….for the low low price of $14.99 for your bankruptcy discharge, $29.99 for a few portions, or a full report for only $39.99*   *best value!

 

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If you filed for bankruptcy, you can get a copy of all your documents for a few dollars, or even free.   I saw an online ad today that said something like this: 

Get the official bankruptcy documents you need instantly ……….for the low low price of $14.99 for your bankruptcy discharge, $29.99 for a few portions, or a full report for only $39.99*   *best value!

 

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Are you responsible for a credit card supplied and reimbursed by an employer?  The answer is often “yes”, which leads to painful complications.

You are very likely responsible if you signed the credit card agreement.  Another warning sign is if you must pay the bill and then get reimbursed.  If it shows up on your credit report, then the creditor certainly thinks you are personally responsible.  

You must list the card as a debt in a bankruptcy filing if you are obligated on the account.  The account may then be closed, which can embarrass you to your employer. 

 

New here? Get free automatic updates sent to your email box!

Are you responsible for a credit card supplied and reimbursed by an employer?  The answer is often “yes”, which leads to painful complications.

You are very likely responsible if you signed the credit card agreement.  Another warning sign is if you must pay the bill and then get reimbursed.  If it shows up on your credit report, then the creditor certainly thinks you are personally responsible.  

You must list the card as a debt in a bankruptcy filing if you are obligated on the account.  The account may then be closed, which can embarrass you to your employer. 

 

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You can modify (or cramdown) a mortgage on your residence in a Chapter 13 under current bankruptcy law if certain conditions are met.  While the general rule is that you cannot modify mortgages on your home in a Chapter 13, you can if either of two separate instances exist. 

     *1. If there is more than one mortgage on your home and the first is owed more than the value of the property.  In this case the second, third, or fourth, mortgages can be avoided and treated as any other unsecured debt.

 

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You can modify (or cramdown) a mortgage on your residence in a Chapter 13 under current bankruptcy law if certain conditions are met.  While the general rule is that you cannot modify mortgages on your home in a Chapter 13, you can if either of two separate instances exist. 

     *1. If there is more than one mortgage on your home and the first is owed more than the value of the property.  In this case the second, third, or fourth, mortgages can be avoided and treated as any other unsecured debt.

 

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