Business Bankruptcy Law | Small Business Bankruptcy Laws

I owe about k in credit card debts. I make about 0k a year. From what i have been reading, i may need to file Chapter 13. Im not paying all my credit cards anymore for 3-4 months now, im focusing on my house, car payment & utilities. Business is still up and running good but it would take me atleast a year before i can even catch up on anything. It very very tight right now and its hard… please help.

I already filed the "objection to magistrate findings and order" the judge stated that he agreed. I wrote a detail statement about my case in a similar question yesterday.
Currently in BK chapter 13 since July 07 (5 year plan), cant make debt over 00.00, trying to handle my civil case pro se, cant find an attorney who will speak to me (State of CA) because they want to handle the entire case (which is fine but they dont do contingency) Problem is apparently cps talk to me, my daughter and dead father in 2004, but I wasnt aware nor my daughter till 2008 when it was to be used againt me, filed a suit against the defendants based on the date I found out (with all the proff to prove this) it was granted along with the informa paperius and was set for pretrial, then when filed my 2008 suit being related to the 2004, the informa pauperis was denied because a different magistrate thinks the 2004 should be an asset in the BK (BK filed in 2007, never knew CPS talked to me, my daughter and father that was dead in 2004 so the suit was filed based on the date I found out in 2008) The judge agreed to that magistrate, that the case should have been in asset. My BK attorney disagrees with that because that was after the BK was filed I found out. So that it is denied with prejudice what do I do, do I file again with the fees, do I appeal the findings (if so where do I go to find out how to do this I already handled my own appeal when I appealed the juvenile dependency ruling, but Federal I am not for sure), can I file the same claim even though it was denied with preudice because of the informa pauperis got denied, is there a time period I have to wait before refiling. Another prob which I put in the objection, is that CPS took my daughters social security check even though she is in my custody, and I have to still take care of her so i used the house payment money and bill money to take care of her (which that money was used as income to me for the BK 13) plus I had to close my business over 63 days to go to court to fight the allegation in the past year and half, so I lost income. That I feel I can not afford to pay court fees and other fees plus the cost of living. My BK attorney feels the one magisrtate and judge is wrong and the other magistrate was correct with granting the informa pauperis, but he doesnt know what I should do because he doesnt know of those types of cases
Okay spoke to a person in the court who said that they dont think the judge understood about my 2004 case that I didnt find out till 2008 when it was used against me and made an error, that I can have his desicion revisited, (I assume appeal) "lovestheconstitution" problem I have is there are no attorneys in my area to take contingency and I already have opposition trying to dismiss the allegations against me due to the extrinsic fraud so you are wrong for thinking I dont have a case, problem is attorneys that were afforded to me have problems with the amount of caseloads they have because they need to make money now, while dealing with mine and will have to wait which can take time and in BK I can not make an debt over 00.00 without permission of the trustee, which costs thousands of dollars with my BK attorney to open the case and make thoses changes. So my case is complicated on that aspect.

When can I, a common person, get a bailout???? I filed for bankruptcy last year, Chapter 13. I am on this payment plan to last 4 more years until I get my discharge. Some of us are guilty for making financial mistakes as well as these big businesses that are begging for a piece of this 0 Billion bailout. I guess it will always be true that the rich get richer and us common folk don’t get a motherf*cking thing!

Is this bailout only for big business, will some of us hard working Americans get a little taste of this bailout?

A total of 0 or more in money or property which is paid to a creditor that is a relative or insider (certain business associates) within a year prior to filing is a preference. The Trustee may recover preferences and divide the money between all creditors. (In Chapter 13, the debtor may be able to prevent the Trustee from going after the relative by increasing the amount paid into the plan.)

I have been going through a divorce for 4 yrs now. We separated May 2005. He has had temporary custody of our children since Oct 05. I caught my babysitter abusing my 4 yr old son on tape while I was at work. I also have a daughter who was 3, but not on the tape. DHR took my children and I have been fighting to get them back ever since. I feel I was not granted due process. Motion after motion was filed, and usually with no response. My Ex has done everything he could to cause us to lose everything we own. He filed chapter 13, that failed. He moved in with his girlfriend and her 3 children. He rubbed this in my face. He has lived with her for over a year, but still nothing was done. He has filed chapter 7 now, through his business. Motions were filed and still the judge done nothing. On May 18,2009 we had a hearing. Instead of testimony being given, we were directed to the conference room,and we all sat done and discuss all issues. We had only one day in court where testimony was given by him. That was august 2007. I have not had my day in court, so I feel I have been denied my chance to prove myself. I was not even asked what I wanted to do. I have recently found out that several of his decisions have been reversed by the supreme court. I do not have the money to go that far. I want to have him removed permanently.Can anyone please help?

Hello Everyone,
So recently my family has fallen on some hard times
with the economy being what it is we unfortunately had to close our
business and file for chapter 13 we now receive food stamps or EBT
as they call it in some places…I would love to continue to provide
my family access to nutritional foods even during these hard times
so my question is has anybody here ever purchased Items from whole
foods on EBT? I know that they are very expensive did you find that you
were treated differently than others they’re? I must admit I am a little embarrassed
at the thought of going in they’re with foods stamps I would just like to hear others
experiences
I just wanted to add I am not trying to live some overpriced yuppie dream but I don’t feel like my family should suffer nutritionally because of our financial issues where l live they’re is whole foods and supremo lol and supremo food provides just enough nutrients to prevent scurvy

I work for a small business. Recently my check bounced and now I can’t get it cashed anywhere because the account has been flagged. The owner is really upset and confided that she was considering Chapter 13 and closing a few stores to help save the others. I am torn between staying to help save this store or finding another job. I am the leader of this store so my leaving could put the nail in the coffin but my staying could cause me financial woes. I need advice.

I filed for Chapter 13 in 2004 and paid it off. However, my company want’s to get me a business credit card and I’m wondering if my Chapter 13 history will deny it?

My Uncle wanted to start a small water company and didn’t qualify for a loan. Since my parents have already paid off their house, he asked them if he could use the house as collateral. My dad didn’t want to have anything to do with it- but after months of nagging he finnally gave in. Now my Uncle is not paying the bills, and the lender is coming after my parents threatening foreclosure. My Uncle is not answering his phone so I Googled his name and found that he just recently filed for Bankruptsy (Chapter 13). Does anyone know how this would effect my parents? Do they have a leg to stand on?

With the recent recession, my husband’s business suffered a significant blow. We earned 0,000 less last year than the year before and he was forced to file bankruptcy. That was November, Bank of America has yet to pick up the travel trailer surrendered in his Chapter 13. It is being stored at my in-laws house and they are getting ready to sell their home and land. We need to be rid of this property. Does anyone have any experience with this? Would it be possible to simply drop the trailer off at any Bank of America location provided we give the keys to someone of importance and receive something showing we did indeed drop it off?

My husband was working for a business that only had about 12 employees. He was told on Jan. 2 that the company was going to have to file chapter 13 and that they were going to have to close their doors. In the days since, I have driven by the company and noticed that there are still at least 10 employees still working there. It is a water transport company for the oil field. Am I just crazy or does this sound fishy to you. I keep getting the feeling that he is the only one they let go. I am a little confused about it because they always bragged about the work he did. They always told him that he was a good hand and that they needed more hands like him. He NEVER told them no when they had a job for him to do. It was like they wanted to make sure he stayed with them one minute and then the next minute they had no need for him. I am just a little confused about it is all. I just figured that if a company went bankrupt then all the employees would be let go because they wouldn’t be able to pay them. I don’t know maybe I am just making too much out of it. What’s your take on it? Am I just crazy or what?

*1)Have you ever filed for bankruptcy?
Yes
No

*2)If so, why did you file for bankuptcy?
Gambling problem
Shopping problem
Job loss
Theft
Other (Please Specify):

*3)How old were you?
18-25
26-35
36-50
51-70
71-^

*4)How many credit cards did you have at the time?
1-3
4-7
8-11
12^

*5)Did you become debt free after declaring bankruptcy?
Yes
No
Other (Please Specify):

*6)What chapter of bankruptcy did you file for?
Chapter 7
Chapter 11
Chapter 13
Other (Please Specify):

*7)What was you marital status?
Single
Married
Divorced
Widowed

*8)What did you file bankruptcy under?
Business owner
Consumer
Other (Please Specify):

*9)Are you currently debt free?
No
Somewhat
Yes
Other (Please Specify):

*10)Was your credit scored extermily effected?
Somewhat
No
Yes
Other (Please Specify):

Grandparents are old fashioned and don’t let anyone in their financial business. We finally found out that they have refinanced and refinance and filed chapter 13 but didn’t finish (can’t get all the details on that either) but now the mortgage is to high and they want to refinance again with no equity in the home. What option do the have now?

The short story is that after a failed business, my home was lost to foreclosure, several bills mounted and I now have a means to payback debt. The other day I was successful at obtaining an agreement to pay a month on a 5k balance and it is my hope I can manage to do so with all of my debts. The monster in the closet is a 20k equity loan that was secured by my home which has no longer mine. When I approached the office I would typically make my payment to they gave me the number for the collections department and before I could even reach them DCS (collection agency) contacted me. Now I have told them that I would like to begin making payments but with my other debts that I am trying to honor being added on to monthly expenses, the old payment on the equity loan (250/mo) is pretty tough to manage. Is it possible to negotiate with these people? They offered a settlement of 13k on the 20k loan but I dont have that kind of money. I had actually hoped to go through the same company I had the loan with perhaps get it back in good standing in hopes that it would eventually help me to recover my credit status after being rocked by the foreclosure. any thoughts? I want to avoid bankruptcy, heck I think after I get my taxes back it would put me over the Median income for my small family of just my son and I anyway. Not sure what to think about chapter 13 either.
Update….Debt consolidation loans are out of the question due to lack of credit score. The debt is not credit card debt though it seems like everyone wants to help people out of credit card trouble. It’s utilities, a couple business debts and the dang equity loan. I need a dependable car and have to use the income tax to buy one. If I buy a decent used car I can lose it to bankruptcy, if I go chapter 13 it seems like I have to live how the court tells me to live and would have no money beyond living expense and with a 9 year old child to raise that is impossible.

I closed my business filed chapter 13 owe IRS 300,000 my chapter 13plan is going to be thrown out don’t have a job any advice on what to do.

I’m in a Chapter 13 and getting ready to lose my house to foreclosure because I had car repairs that put me behind on my house pymt. I found out I have a lein on my house from my ex husbands business, so I can’t refinance. I can never seem to get a break. It is sooo depressing, I don’t feel like I’ll ever get out of this mess. How do you get ahead when you can’t get a break??

I had small personal business.I used my social security number for tax purposes. My partner has deseased. Now I owe about 260,000 dollarars.Did not file tax returns since 1999. Trying to file chapter 13 . With almost no money. Help. Can federal tax,s be erased. Talked to a attorney once, he said yes you can ,but onyl once in life. My present attorney says no you can not. For more reasons then one I feel I have the wrong person to represent me. I am afraid to change for loosing money already spent.This arrorney does not have my best intrest in mind . He took case Knowing I did not have cash up front.Said he would use property to get paid. Now every thing is cash, of which I don,t have much. Now anyway.I have property in my name and mothers name who passed away reciently and did not leave a will. I have three sisters and a brother. Attorney is going to try to make me executor, then liquidate assets. I don,t know what he is doing until last minute . I a Need Help.

I know someone who just declared Chapter 13. They say property and business is Worth one figure but there is no way it is worth that now. Does the trustee get appraisals.

The business is growing every year but the bankrupcy was needed to save it from another partner and organize the loans, it is a Chapter 13 and now it is difficult for us to buy another skidsteer for this next season. We have 2 crews w/ 1 1840 case loader

in 2008? my favorite airline frontier is filing for chapter 13.