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A bankruptcy discharge is a court order that releases an individual or business from specific debts and obligations they owe to creditors. In other words, it's a legal process that eliminates the debtor's liability to pay certain types of debts they owe before filing the bankruptcy case.
Once a bankruptcy case is filed a debtor must file a motion in court and obtain a court order to redeem the property. This process is most commonly used to redeem vehicles that are worth less than the outstanding loan on the vehicle. The process allows a debtor to pay the current market value of the vehicle versus the outstanding loan on the ...
From there, two potential consequences could occur: a case dismissal or conversion to Chapter 7 bankruptcy. Case dismissal After one or more missed Chapter 13 payments, the trustee may file a ...
Chapter 7 of Title 11 U.S. Code is the bankruptcy code that governs the process of liquidation under the bankruptcy laws of the U.S. In contrast to bankruptcy under Chapter 11 and Chapter 13, which govern the process of reorganization of a debtor, Chapter 7 bankruptcy is the most common form of bankruptcy in the U.S. [1]
For Chapter 7 bankruptcy, the automatic stay generally remains in effect until the bankruptcy case is discharged or closed. This typically takes around three to six months after filing.
SCS Credit Corp., 541 U.S. 465 (2004), was a decision by the United States Supreme Court regarding a cramdown in the value of a loan during a Chapter 13 bankruptcy. The "decision that had no majority opinion, four justices held that the proper rate was the 9.5 percent one arrived at by modifying the average national loan rate to make up for the ...
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