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Protecting Your Constitutional Rights in US Bankruptcy Court
from:The US bankruptcy court is a federal court that administers the bankruptcy code. The USA Constitution authorizes Congress to create bankruptcy laws that are uniform, and a major law was passed in 1978. This uniform set of laws that were created were called the Bankruptcy Code. Naturally the laws have been changed or amended over the years, and the newest bankruptcy laws were enacted in October 2007.
Like any government institution, the US bankruptcy court has many codified procedures it must follow. The procedures are called Bankruptcy Rules and that is where you will find the rules related to handling individual and business debts. The rules are complex and cover a variety of different kinds of bankruptcies. But even with 6 types of bankruptcies called “chapters”, each bankruptcy is unique in its own way. That is why you should let an attorney handle your bankruptcy so that all of your rights are protected and you are assured of getting the best bankruptcy filing possible for your situation.
The US bankruptcy court will probably never be seen by most people filing a chapter 7 or chapter 13. In order to keep the court dockets cleared for more complicated cases and to prevent case backlogs, the court appoints a trustee to each bankruptcy case. The court has a bankruptcy judge who works for the district court system, but odds are you will only work with the trustee and your attorney. In fact, many times chapter 11 and chapter 12 cases are held outside the court too.
Of course, a creditor is given an opportunity to object to the discharge of the debt owed. In the case of chapter 7, most of the time the creditor who shows up at the trustee hearing represents the mortgage company. If you don’t have a house then there’s a good chance you will not hear any objections from creditors.
If you file a business bankruptcy and have creditors who want to take issue with your repayment plan then you might have to go to court. Also, a judge determines whether you will be allowed to file a chapter 7 or 13 in individual bankruptcy. If you are told you have to file a chapter 13, but are not happy with that decision, then you can appeal to the court by proving you have special circumstances that justify the chapter 7 filing.
Many individual bankruptcy filings are actually quite simple, but not all of them. The US bankruptcy court has all of the decision making power, but the goal is to give you a fresh start and free from as much debt as allowed under the law. Though you many not want to file bankruptcy, it is a good thing the US Constitution recognized that people can incur debt that gets out of hand. As a result of our forefather’s vision and understanding of human nature, you can find debt relief in a number of ways.
Utah Bankruptcy Specific links
Utah Bankruptcy News
Once-bankrupt business makes good on donations to schools - StandardNet
 Deseret News | Once-bankrupt business makes good on donations to schools StandardNet By Jesus Lopez Jr. OGDEN -- Business students at Utah State University and the University of Utah will have more help when they look for careers or seek money for college. FJ Management, formerly known as Flying J, is donating a total of $3.5 million ... FJ Management Donates $3.5 Million to University of Utah's David Eccles School ... Flying J parent to donate $3.5 mil to USU, U. Flying J donates to USU's business school |
Creditors Emerge as Likely Buyers of Real Mex - Orange County Business Journal
Creditors Emerge as Likely Buyers of Real Mex Orange County Business Journal By Kari Hamanaka Tuesday, February 7, 2012 Cypress-based Real Mex Restaurants Inc. identified a bid from a group of creditors as the frontrunner in its bankruptcy auction, according to court documents filed Monday. Real Mex and its creditors are in ... |
Theater preview: 'Marvelous' suits Malone - U-T San Diego
Theater preview: 'Marvelous' suits Malone U-T San Diego SDMT is producing all three of its 2012 shows in the Birch North Park Theatre, the restored 1928 performance space that has endured plenty of turmoil of late (its owner, Lyric Opera San Diego, filed for bankruptcy in October). |
Fisker Stops Work on Car Factory After US Blocks Loan - BusinessWeek
Fisker Stops Work on Car Factory After US Blocks Loan BusinessWeek The development shows more congressional attention is needed to the Energy Department loan programs, said Representative James Sensenbrenner, a Wisconsin Republican who has criticized loans to bankrupt solar-panel maker Solyndra LLC and other companies ... |
Customers standing by bankrupt battery company Ener1 - Fox News
 Fox News | Customers standing by bankrupt battery company Ener1 Fox News Battery maker Ener1 may be going through bankruptcy proceedings, but automakers working with the firm's subsidiary, EnderDel, aren't abandoning the company just yet. Indiana-based EnerDel, which was the recipient of a $118 million private ... |