Bankruptcy precludes and halts all collection activities from creditors and even the IRS. You can even get seized property back from the IRS in a chapter 13 or chapter 11.
Assets
Assets are generally anything of value. For example: property, real estate, cash, notes, stocks, bonds, accounts receivables, securities, and any other item of value that could be used to pay off debt.
Chapter 7 Bankruptcy -
Straight bankruptcy- may be voluntary or involuntary. Liquidation of all non-exempt assets. Taxes in order of precedence - Federal Income Tax, Withholding tax, Employment tax, Excise tax, Customs and duty tax, Any pecuniary loss penalty on any of the foregoing.
Chapter 13 Bankruptcy-
Simply put, is the reorganization of consumer debt with a new payment schedule.
Chapter 11 Bankruptcy-
An individual may file under this chapter but it is used primarily for business debt. Like a chapter 13, this chapter halts collection activities an allows the business debtor to restructure their payments. This applies to business debt that exceeds $250,000 in unsecured debt and $750,000 in secured debt. Total debt may not exceed $2,000,000.00.
Conversion-
If the court believes the petitioner can pay all or a part of his bills it can deny a chapter 7 and convert to a chapter 13.
Cramdown-
The courts authority to force acceptance by creditors, stock holders, IRS etc of a reorganization or liquidation plan as empowered by the bankruptcy code.
Creditor -
A person or entity to whom money is due, or one who has extended credit and has a vested interest in getting paid.
Discharge-
To release from debt after fulfilling ones obligations.
Exemption -
Assets that cannot be touched by creditors during bankruptcy proceedings.
Insolvent-
Unable to pay ones debts.
Involuntary Bankruptcy -
This is when creditor take legal action against a debtor and files petition in court.
Secured Debt -
Debt that is backed by collateral. For example: mortgage or car loan.
Substantial Abuse-
Dismissal of a chapter 7 filing because income of petitioner is sufficient to service debt.
Tax Abatement-
After a bankruptcy court has discharged any tax liability as outlined in the bankruptcy codes, a form (3870) will be filed with the IRS as official notice.
Trustee -
Person appointed to oversee the completion of a bankruptcy filing.
Unsecured Debt -
Debt that is not backed by collateral. For example: credit cards, medical bills, utility bills.
Voluntary Bankruptcy -
This is when the debtor takes the initiative to file bankruptcy on their own rather than being forced by creditors.
For More information or to contact a Debt Collector Defense Specialist CLICK HERE.
The information here is presented by:http://educationcenter2000.com