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Avoid Mistakes When Planning and Filing Virginia Bankruptcy Cases
The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.
Free - 2010 Bankruptcy Strategies Explained
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"California Filing Chapter 11"
Each debtor filing California bankruptcy under Chapter 11 is authorized to proceed as a debtor in possession. As a
term of legal art, a debtor in possession assumes the rights and responsibilities traditionally associated with
a trustee in consumer cases. All debtors filing Chapter 11 must be prepared to satisfy an extensive array of
duties within court established deadlines.
| 11 U.S.C. §1121 provides, in part,: "(a) The debtor may file a plan with a petition commencing a voluntary
case, or at any time in a voluntary case or an involuntary case. (b) Except as otherwise provided in this
section, only the debtor may file a plan until after 120 days after the date of the order for relief under
this chapter." |
The California Bankruptcy Courts adopted new statutory limits (dollar amounts) within Title 11 of the U.S.
Code. Section 109(e) - the allowable debt limit for unsecured debt is increased to $307,675. The allowable
debt limit for secured liabilities is increased to $922,975. The minimum aggregate claims need to commence an
involuntary petition under Section 303(b) is increased to $12,300. Exemptions provided by Section 522 are also
increased. The maximum value of homestead equity that may be claimed is increased to $18,450. Other exemption
increases include paragraphs (2) through (8). Luxury goods and services obtained within 60 days before filing
are nondischargeble, if exceeding the newly amended amount of $1,225. These amounts are adjusted automatically
by California bankruptcy courts every three years.
Back to California Bankruptcy words & phrases.
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