Grand Forks County Bankruptcy Court. All bankruptcy cases originating in Grand Forks County are filed and handled by District of North Dakota, United States Bankruptcy Court. There are 90 federal judicial district courts across the United States. Residents of all areas of North Dakota must file in the North Dakota District Bankruptcy Court. That court has 4 courthouses that serve the district. Review the list of courthouses below and confirm that the one you'd like to use serves Grand Forks County. Filed in U.S. Bankruptcy Court North Dakota 10/9 - 10/15 Paul Jerome and Shannon Jane Schafer, also known as Shannon Owsley and Shannon Lommen, Grand Forks.
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While a bankruptcy filing can help the debtor discharge most debts that they owe, it cannot discharge all debts. Debts that can be discharged in bankruptcy include credit card debt and other unsecured debts. Debts secured by a property, such as a mortgage, cannot be discharged. There are other debts that cannot be discharged in a bankruptcy and the debtor would continue to owe these even after the bankruptcy, examples include some tax debt, alimony, and child support.
All rules and procedures of for bankruptcy are defined in the Federal Rules of Bankruptcy Court and the local rules. Bankruptcy is a legal process which Debtors can file for and in which they are able to relieve pressure from burdensome debts. This takes place through a bankruptcy discharge which releases a Debtor from personal liability of certain debts and prevents Creditors from ever taking action against the Debtor to collect those debts.
In general, a Chaptor 7 filer will not usually have to appear in court. They would only have to appear in court if there is an objection that is filed. For Chapter 13 cases, in general, the filer will only have to appear at a plan confirmation hearing. You may be required to attent a meeting, which is required under Section of the United States Bankruptcy Code. This meeting requires the debtor to attend be questioned by creditor s about their property and debt. This is not very common as bankruptcy cases are very complex, and filers are required to follow all rules and procedures of the court regardless of how they are represented.
A partnership, corporation or any other organization are required to have an attorney. There are 90 federal judicial district courts across the United States.
Each district court has a specific bankrupcty court which handles the filing originating in its jurisdicition. See below for specific court information for Grand Forks County. This is the simplest and fastest form of bankruptcy. Chapter 13 bankruptcy allows an individual to maintain their posessions and assets, and sets up a payment plan to repay their debt back over a year period. A recurring source of income is required to setup a plan to pay back part or all of their debts. Chapter 13 allows one to keep their posessions or assets, while Chapter 7 liquidates all of their non-exempt posessions or assets.
A key feature of a bankruptcy filing is an automatic stay. An automatic stay immediately occurs when bankruptcy is filed. The automatic stay will stop utility shut offs, debt collections, foreclosures, evictions, garnishments, attachments, reposessions and most lawsuits.
Debtors are encouraged to file documents and make installment payments by mail. Creditors are encouraged to file proofs of claim, amended claims, and withdrawals of claims online using ePOC.
Chapter 13 debtors may modify plan to extend plan for up to seven years after their initial plan payment was due. Court Location Fargo. The Trustee will ask for your ID and social security card when it's your turn.
You will be sworn in, and your answers will be under oath. It means that even though you aren't in a courtroom, you are promising to tell the truth and give honest answers. The Trustee will ask questions about any changes in your financial situation and confirm the information in your Grand Forks bankruptcy case. Many find it a relief that the meeting is very short. They provide the Trustee with the necessary information in a concise way and are surprised by how quickly the meeting completed.
With over 57 miles of bike trails with scenic views in Grand Forks, biking is second to driving. During bankruptcy, you have a few options about what to do with your car. It's not an easy decision. Many filing bankruptcy in Grand Forks find comfort in remembering that the car they have now, isn't the only car they will ever get.
Many are approved for credit shortly after their bankruptcy filing. If you own the car you have, you can use an exemption to protect your vehicle through the Grand Forks bankruptcy. Some that owe money for a vehicle redeem the car by paying a lump sum to keep it.
When you redeem the car, you are buying the vehicle from the lender by paying the value of the car. Paying a lump sum is hard, and some instead decide to keep the car loan with the same lender and reaffirm the debt. It also means the debt will continue after the bankruptcy. Many choose reaffirmation out of necessity and when the value of the car is higher than the amount they owe.
Many decide to return the car to the lender. Also, known as surrender , it is a good idea when the payment is unaffordable or the amount owed is higher than the car's value. You can inform the Court and lender you wish to surrender the car. Then the lender will get the vehicle, and your debt under the car loan will be wiped out in your Chapter 7 bankruptcy.
In Congress adjusted the requirements for Chapter 7 bankruptcy to stop possible fraud or abuse by including a Means Test. The North Dakota bankruptcy Means Test requires that you fit within the income limitations through the calculation of your income or disposable income. If you can't pass at least one of the tests, then there is a presumption of abuse. The presumption of abuse exists because any money left over at the end of the month is presumed available to pay your debt.
Don't worry. You can recalculate , seek the help of a lawyer , or consider filing for Chapter 13 bankruptcy if your income is too high.
The process of filing bankruptcy in Grand Forks requires that you submit North Dakota bankruptcy forms to the Court. The Chapter 7 requirements listed on the North Dakota Bankruptcy Court's website contains the forms and when each is due. Some national forms have some local conditions such as following the local instructions for your creditor matrix and including the verification form.
Also, some forms you may not need, but it is a good idea to know where to find the local forms and rules to follow if you need to make any changes.
Exemptions help most folks filing bankruptcy in Grand Forks to keep all their property during their Chapter 7 bankruptcy. Jacquelyne N. Mosley-Pastrana, Esq. Take our bankruptcy screener to see if you're a fit for Upsolve's free web app!
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