If one files a Chapter 7 bankruptcy, the “automatic stay” goes into effect for the duration of the case and prohibits any and all creditor contact and actions, absent a court order.
While each case varies in length, an average Chapter 7 case with no issues should take roughly 100-120 days from the date of filing to conclude.
The means test was enacted in 2005 and is a complicated multipage calculation that requires careful analysis based on the specific facts and circumstances in each case.
The Bankruptcy Code requires that an individual list all of their assets and all of their debts.
Under the law, debtors must complete a pre- and post-filing course in credit counseling.
The meeting of creditors occurs within 30 days of the filing of the bankruptcy petition and is a public hearing where the Chapter 7 trustee and potential creditors can examine the debtor regarding the nature of their debts and assets.
The term “debtor” refers to the individual or individuals who file a bankruptcy petition.
Chapter 13 is a bankruptcy under BAPCPA that requires debt repayment in part.
Chapter 7 is a bankruptcy under BAPCPA that liquidates a party’s debts. At the end of this proceeding, all dischargeable debts will be discharged, meaning that the party responsible for them will no longer have to pay them.
“BAPCPA” is the Bankruptcy Abuse Prevention and Consumer Protection Act, which was enacted by Congress in 2005 and is commonly known as the Bankruptcy Code. This code governs bankruptcy.
There are many military retirement plans that exist. Before dividing them, there must be an agreement or an order from the court to do so.
The SCRA is the Servicemembers Civil Relief Act. The SCRA can postpone financial or civil obligations to prevent a service member from being taken advantage of while on active duty and away from home. In other words, a service member who is away from home cannot be taken into court for divorce or child support hearings.
Community property is a property that was obtained during the marriage, including financial debts and everything that spouses own together. Under California law, there is a presumption that all property is community property when a premarital agreement does not exist.
What is the USFSPA?
USFSPA is the Uniformed Services Former Spouses’ Protection Act. This act recognizes the right of the state courts to distribute military retirement pay to a spouse or former spouse and provides a method of enforcing these orders through the Department of Defense.
Separate property is a property that belongs to only one spouse. It can be a property that was acquired before marriage, gifts received during the marriage, property acquired during the marriage that was never used to benefit the other spouse, or inheritances received before or during the marriage.