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Author: Charles Jordan Tabb
Publisher:
ISBN:
Category :
Languages : en
Pages : 58
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Book Description
This article examines the proper scope of the financial fresh start provided an individual debtor by the discharge in bankruptcy. The legal effect of the discharge is powerful in its simplicity: the debtor is freed from the obligation to pay prebankruptcy debts. A difficulty lies, however, in determining what the parameters of the fresh start policy should be. This article explores the problem in the context of a specific issue: the dischargeability of debts arising from conversions by the debtor of a secured creditor's collateral.
Author: Charles Jordan Tabb
Publisher:
ISBN:
Category :
Languages : en
Pages : 58
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Book Description
This article examines the proper scope of the financial fresh start provided an individual debtor by the discharge in bankruptcy. The legal effect of the discharge is powerful in its simplicity: the debtor is freed from the obligation to pay prebankruptcy debts. A difficulty lies, however, in determining what the parameters of the fresh start policy should be. This article explores the problem in the context of a specific issue: the dischargeability of debts arising from conversions by the debtor of a secured creditor's collateral.
Author: Deborah Levine Herman
Publisher: John Wiley & Sons
ISBN: 0471473618
Category : Business & Economics
Languages : en
Pages : 224
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Book Description
Don't get down, get started instead-with Fresh StartBankruptcy Well over a million Americans suffer the trauma of bankruptcy everyyear. But many don't know that bankruptcy may be the idealopportunity to rein in their out-of-control finances, get back ontheir feet, and start over anew. Fresh Start Bankruptcy is a friendly and non-intimidating guidethat walks you step by step through the filing process and providesthe sympathetic, expert advice you need to survive the ordeal.Attorneys Deborah Herman and Robin Bodiford provide the informedperspective that makes tough decisions simple. They'll help youdecide whether you should retain legal counsel or move forward onyour own. And if you do decide to go it alone, you'll find all theprofessional advice you need to make the process as quick andpainless as possible. You'll learn which chapter to file and how todo it, how to protect your assets and deal with creditors, how torepair your credit, and how to navigate bankruptcy court. Personal anecdotes included in the book prove that people of allwalks of life have gone through the process and come out strongerthan before-- and you can too! So, no matter how your financialtroubles came about, stop worrying and start over with the positiveoutlook and thoughtful guidance you'll find only in Fresh StartBankruptcy.
Author: Jonathon S. Byington
Publisher:
ISBN:
Category :
Languages : en
Pages : 35
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Book Description
A primary policy of bankruptcy law is to give consumer debtors a “fresh start” by discharging their debt. A rival policy is that the discharge of debt is a selectively conferred privilege that is not granted in some situations. For example, society is unwilling to pardon debt related to embezzlement or a domestic-support obligation. This “discharge restrictions” policy is manifested in part by the Bankruptcy Code's exceptions to discharge. The Supreme Court has repeatedly recognized the tension between the fresh start and discharge restriction policies. It has sought to achieve a fair balance between these policies by applying a “plainly expressed” standard when interpreting exceptions to discharge. Surprisingly, the circuit courts have not followed the Supreme Court. Instead, nearly every circuit court has developed a practice of construing exceptions to discharge narrowly in favor of the debtor and against the creditor. This Article highlights this established practice and seeks to challenge it. In essence, the circuit courts have transformed the fresh start policy into a canon of construction when interpreting exceptions to discharge. This Article makes three contributions. First, it identifies and evaluates the circuit courts' use of the fresh start policy as a canon of construction. Second, it analyzes Supreme Court jurisprudence and finds an established pattern rejecting the fresh start canon when interpreting exceptions to discharge. Third, it explores the purpose and nature of exceptions to discharge and argues the fresh start canon is an unsuitable tool for interpreting them.
Author: Andrew Balbus
Publisher:
ISBN:
Category :
Languages : en
Pages : 350
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Book Description
What would it be like if you could free yourself from unmanageable debt? How much better would your life be if you could restore your financial health? Bankruptcy offers a fresh start. You can get your life back. Everyone wants to pay their debts, not everyone can. Debts that once were manageable may not be manageable now. Fresh Start is a self-help book for people considering bankruptcy. It gives you the information you need to make the decision that is right for you and your family. In Fresh Start, you will discover: - How bankruptcy can eliminate all or most of your unsecured debts, like credit card and medical bills. - How to determine if you need to file and whether an alternative to bankruptcy might be better for you. - The mistaken beliefs that keep you from considering bankruptcy, like fear of losing your house or car. - The harmful mindsets that keep you from pursuing bankruptcy, such as "Getting out of debt through bankruptcy is immoral," "Bankruptcy is for losers," and "Filing bankruptcy will make things even worse," and how to overcome them. - An easy-to-follow guide showing how to determine if you qualify for bankruptcy. - What steps are involved in the bankruptcy process and how long it will take. - When you will have access to credit again. It is much sooner than you think! - The 6 things you must never do before filing bankruptcy. - Other specialized knowledge known only to experienced bankruptcy professionals. - Most importantly, that bankruptcy is faster, easier and better than you think.
Author: Thomas H. Jackson
Publisher: Beard Books
ISBN: 9781587981142
Category : Law
Languages : en
Pages : 304
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Book Description
A careful analysis of the fundamentals of bankruptcy law.
Author: Rita Williams Green
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Doctors diagnose conditions using results from tests, questionnaires patients fill out, and the information they learn from conversations with patients. All of this information is used to prescribe the best course of action to make the patient well. This qualitative research study uses a similar approach to address the primary research question: How can the financial wellness conceptual model be used to provide insight about the financial condition of married couples filing Chapter 13? The financial wellness conceptual framework is used to determine each couple's financial status as well as assess financial satisfaction, perception, and behavior. Case studies were prepared for three married couples filing Chapter 13 who completed surveys and consented to be interviewed as they waited for their creditor meetings at bankruptcy court in Memphis, Tennessee. Interviews were audio recorded and transcribed. Data were coded and classified based on the focal points of the study, which include objective status, financial behavior, satisfaction/dissatisfaction, and perception constructs. Categories were used to inductively evaluate the financial condition of the couple, based on guidelines for each construct. Data from surveys, bankruptcy records, and interviews, conducted separately with husband and wife, were used to prepare case studies that examine financial condition from the perspective of consumers, using the financial wellness conceptual model. Within the scope of the financial wellness framework, findings indicated that couples in bankruptcy have insolvent households, suffer from low satisfaction, exhibit a perceived internal or external locus of control, and engage in behavior that reflects strong cultural influences. These findings are particularly relevant in the current recessionary economy as many Americans face imminent financial failure. The financial wellness conceptual model has great potential as a tool to facilitate bankruptcy's fresh start because of its comprehensive nature since it includes both subjective and objective constructs. The purpose of bankruptcy is to give consumers a financial fresh start. However, financial relief without a tool to facilitate the fresh start in a way that makes it sustainable over time is insufficient. The financial wellness conceptual framework has great potential as a tool that can be used to help consumers achieve long-term financial wellness.
Author: Song Han
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 52
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Book Description
Author: Saul D. Kassow
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 94
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Book Description
Author: Stephen Caplan
Publisher:
ISBN: 9781945849084
Category :
Languages : en
Pages :
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Book Description
Author: Insolvency Service
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
