| Jurisdiction of the Bankruptcy Court in Domestic Relations Matters and Applicability of the Automatic Stay |
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| Federal bankruptcy jurisdiction resides in the federal district court. However, the district court has the power to refer almost all bankruptcy matters to the bankruptcy court, which is a unit of the district court. This referral generally occurs automatically by a standing order of the district court. Most districts have a separate bankruptcy court clerk's office where all bankruptcy papers are filed.More... |
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| An Overview of Bankruptcy |
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| Bankruptcy is a process created by federal law that provides relief for debtors, who can either eliminate or repay their debts. Federal law, rather than state law, governs bankruptcy proceedings, which take place in United States Bankruptcy Courts.
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| Introduction to Chapter 13 Bankruptcy |
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| The Bankruptcy Code is divided into "Chapters" that set forth the laws that apply to different types of debtors, as well as creditors. Chapter 13 of the Bankruptcy Code applies to individuals or consumers, rather than businesses or companies.
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| Notices in Bankruptcy |
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| Creditors, equity security holders, the United States, and the United States Trustee in a bankruptcy case are entitled to receive various notices.More... |
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| Effect of Dismissal |
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| In general, the dismissal of a case prior to discharge is without prejudice and the debtor is not barred from receiving a discharge in a subsequent case of those debts that were dischargeable in the dismissed case. The Bankruptcy Code gives the court discretion, for a certain period of time and when there is cause, to deny the debtor the benefits of the general rule to dismiss the case with prejudice thereby preventing the debtor from obtaining a discharge with regard to the debts existing at the time of the dismissed case. More... |
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