May 01, · Mississippi Bankruptcy Cases filed in Mississippi. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of . CE File is our new electronic filing and case management system. The case management system has been in use within the Chancery Division since October , TCC since November , Admiralty and Commercial Court since June and it has now also been deployed to Bankruptcy and Companies. Jun 19, · North Carolina Bankruptcy Cases filed in North Carolina. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or .
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This is a permanent and the creditor can no longer pursue the debtor for repayment of any kind. It is illegal for the creditor to pursue any form of collection action against the debtor for a discharged debt including written correspondence or phone calls.
A discharge removes personal liability, but any liens that were not voided in the bankruptcy remain valid. For Chapter 7 cases, a discharge may take place in as little as 4 months from the filing of the bankruptcy petition.
For Chapter 12 and 13 cases, the discharge only takes place AFTER all re-payments have been made to fulfill the payment plan outlined in the bankruptcy case.
This is normally in years. If their income is less than the state median income, they can file for Chapter 7 bankruptcy. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.
Bankruptcy rules and procedures are written in Title 11 of the United States Code, these are referred to as the Federal Rules of Bankruptcy. Most of the bankruptcy process is administrative. For Chapters 7, 12, and 13 the bankruptcy trustee performs most of these administrative activities.
Potential individual bankruptcy filers must complete a credit counseling class and receive a certificate prior to actually filing for bankruptcy. This can be done online in about an hour. There are certain exemptions to the assets that the Debtor is entitled to keep. In general, there are little to no assets that the Debtor has to liquidate, so the Creditors will not receive anything under this type of bankruptcy filing. In most circumstances, the Debtor is an individual and will receive a discharge that releases them from the liability of the debts.
It usually takes a few months from the initial filing to the receiving of the discharge. Chapter 13 is designed for a Debtor who has a regular source of income. In making its decision, the court looks to the requirements for determination under the U.
Bankruptcy Code. Chapter 13 is different from Chapter 7 because the Debtor usually remains in possession of the property usually the house , and makes payments to the Creditors for the duration of the payment plan.