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Category: Bankruptcy Basics

Bankruptcy Basics

What Is Abandonment In Bankruptcy?

Property that is surrendered or was not protected under the bankruptcy code exemptions is fair game for the bankruptcy Trustee.  Once a debtor has filed bankruptcy, his estate becomes that of the bankruptcy court and the bankruptcy Trustee. At that time, the Trustee determines if there is any value or potential value in any of … Read more

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Bankruptcy Basics

What Does “Bad Faith” Mean in Bankruptcy?

As it sounds, this is not a term you care to associate yourself with if you can help it.  Bad faith refers to certain actions and circumstances that cover fraudulent bankruptcy filings.  In 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act was legislated to define and outline situations associated with bad faith bankruptcy filing. … Read more

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Bankruptcy Basics

What Is Discovery In A Lawsuit?

A lawsuit is crafted of several different stages.  In the civil proceedings there are certain litigation paths that must be taken depending on the route of the case.  Discovery is in the pre-trail phase of a lawsuit and acts as the parties’ opportunity to gather information. Upon the commencement of a civil action by filing … Read more

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Bankruptcy Basics

What are Requests for Admissions?

http://www.youtube.com/watch?v=8XWkQTbjLJ4 Requests for admissions occur during the discovery process within a lawsuit.  When you are sued you are given a “complaint” which tells the court what the person(s)/company did legally wrong. Example: Sunny Side Up Nursing Home did not provide proper care to John Doe as required by the NC state guidelines for standard care. … Read more

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Bankruptcy Basics

Are My Tools Protected in A Bankruptcy?

Due to the recession our economy has faced, many small business owners find themselves sitting in our office discussing the possibility of filing for bankruptcy.  Legitimately, one of their main questions is how to protect their assets. One of the major assets of most small business owners is their “tools”. Tools can range from hand … Read more

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