article thumbnail

Florida Bankruptcy Court Sanctions Debt Buyer for Seeking to Collect Debt that Consumer Failed to Schedule in Bankruptcy Case

Troutman Sanders

She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue. However, testimony later showed that the entity listed as holding the debt, Direct Merchants Bank, was not the actual creditor but rather a registered trademark owned by Metris Companies.

article thumbnail

What Assets Do You Lose in Chapter 7?

Sawin & Shea

Chapter 7 is also known as liquidation bankruptcy because it involves liquidating (selling off) non-exempt assets belonging to the debtor to repay creditors and lenders. The bankruptcy trustee will sell your non-exempt assets to pay a portion of your debts to creditors. Indiana’s median income changes from year to year.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Does Chapter 13 Wipe All of Your Credit?

Sawin & Shea

The court will then order a bankruptcy stay — also called an automatic stay — that prohibits creditors and lenders from collecting what you owe. This plan states that you’re committed to paying back something to creditors in monthly installments, and you detail the minimum amount you’ll pay as well as the duration of the plan.

article thumbnail

Will Bankruptcy Erase ALL of My Debt?

Sawin & Shea

There are exemptions depending on the property and how essential it is, but anything considered nonexempt will likely be sold to help pay off your creditors. Instead of discharging most of your debt and using your personal property to pay off creditors, a reorganization plan is filed to dela with the debt.

article thumbnail

What Is An Insolvent Estate? All You Need To Know

Hudson Weir

They must then calculate the total value of the debts the deceased person owed, such as outstanding mortgages, utility bills, credit card debts, council tax and funeral costs. If the value of the estate exceeds the value of the debts, the estate is solvent. loans from family members). loans from family members).

article thumbnail

Bankruptcy Chapter 7 vs 13: Which Is The Best Option?

Debt Free Colorado

Consider your income, assets, creditors, expenditures, and your ability to pass the means test while selecting between Chapter 13 and Chapter 7. Creditors are prohibited from contacting you after your petition is filed. Bankruptcy Chapter 7 allows for limitless credit; but, significant gains are not permitted.