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Congress amended this section of the Bankruptcy Code to provide for the dismissal or conversion of a Chapter 7 case upon a finding of "abuse" by an individual debtor (or married couple) with "primarily consumer debt". The pre-BAPCPA language of § 707(b) provided for dismissal of a chapter 7 case upon a finding of "substantial abuse".
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]
Under the Federal Rules of Civil Procedure 54(d), [2] federal statutes may supersede the default rule of not awarding attorney fees. The Magnuson–Moss Warranty Act is one such federal law. [4] 28 U.S.C. § 1927 authorizes federal courts to award attorneys' fees and expenses against any attorney who unreasonably and vexatiously multiplies a ...
Chapter IX currently deals with special types of litigation that may take place in the federal courts. A former version of Chapter IX, contained in the original Rules of Civil Procedure, dealt with appeals from a District Court to a United States Court of Appeals. These rules were abrogated in 1967 when they were superseded by the Federal Rules ...
Originally, bankruptcy in the United States, as nearly all matters directly concerning individual citizens, was a subject of state law. However, there were several short-lived federal bankruptcy laws before the Act of 1898: the Bankruptcy Act of 1800, [3] which was repealed in 1803; the Act of 1841, [4] which was repealed in 1843; and the Act of 1867, [5] which was amended in 1874 [6] and ...
In parallel, a senior U.S. official told journalists Wednesday that "a large number of Americans' metadata" had been stolen by the hackers, who had broken into "at least" eight telecommunications ...
The United States Trustee Program is a component of the United States Department of Justice that is responsible for overseeing the administration of bankruptcy cases and private trustees. [1] The applicable federal law is found at 28 U.S.C. § 586 and 11 U.S.C. § 101, et seq.
Here are a few common expenses you might pay when attending school, but cannot claim on your tax return: Transportation. Room and board. Insurance costs. Medical expenses and fees. Personal living ...