Involuntary cases are available only under Chapter 7 and Chapter 11 of the Bankruptcy Code. Such cases may be brought against a person who may be a debtor under Chapter 7 and Chapter 11 by filing a petition, with the exception that involuntary cases may not be commenced against a farmer, family farmer, or a […]
Posts By: Anthony Thompson
Providing the party is qualified to be a debtor, a voluntary bankruptcy case is commenced when the debtor files a petition with the bankruptcy court under the chosen chapter of Title 11 of the Bankruptcy Code. A debtor’s bankruptcy petition is a plea for equitable protections with a discharge from debts being the principal relief […]
The filing of a voluntary or involuntary petition creates an “automatic stay,” which operates to enjoin creditors in most instances from taking further collection efforts against the debtor and the debtor’s property. [11 U.S.C.A. § 362(a)] The stay is “automatic” in that it is self-executing, and as such no court action is required for it […]
A Bankruptcy Adversary Proceeding is a lawsuit related to bankruptcy. The person bringing the Adversary Proceeding is known as the plaintiff and the person being sued is known as the defendant. A bankruptcy case may contain zero, one or more adversary proceedings. Adversary proceedings are initiated by filing a “complaint” with the Bankruptcy Court in […]
San Diego Bankruptcy Lawyers There are six different types of bankruptcy (or chapters). Most people in San Diego file for bankruptcy under Chapters 7, 11, or 13 and use experienced bankruptcy lawyers. A San Diego Chapter 7 allows a debtor to discharge their non-exempt assets (a home or car are often exempt from bankruptcy). A trustee appointed […]
