When a person files an initial case, where one has not been filed before, all debt collection activities (wage attachments, mortgage foreclosures, lawsuits, telephone calls, letters, bank setoffs or any kind of collections activity at all are stayed (halted) by the filing of the case. . When the case is filed, or very shortly thereafter, the attorney proposes a "plan" of repayment. . you as the "debtor" must commence payments to the Chapter 13 Trustee within 30 days of your filing date (failure to commence payments may lead to the dismissal of your case). The plan may, in most circumstances, propose payments in an amount less than 100 of your debts. Many, who earn less than the median income for their states, pay much less than 100 of their unsecured debts, and some pay none of those debts. . The actual amount paid is determined by a complicated formula calculated by your attorney called the "means test" more formerly called the Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income. The purpose of the means test is twofold: to determine the commitment period,. The length of time the debtor must be pay into a chapter 13 plan and the minimum amount the debtor must repay unsecured creditors. .
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Where are section 341 meetings of Creditors held in the delaware valley, pa region? What if I forgot to list a creditor? (revised) The trustee dismissed my case; can I just refile it? Is there a limit to the number of times I can refile my case? What qualities should I look for in an good attorney? How can I hire you as my attorney to file a chapter business 13? I think i need to file right away. How do i start? I did not understand these questions/answers; it is all written in legal mumbo-jumbo. Chapter 13 is a chapter of the bankruptcy code that is structured for wages earners or small businesses.
Should I bite on my cyanide capsule? I screwed up and didn't make my payments to my mortgage company after I filed. The mortgage company moved for relief from the stay. I just got some guaranteed extra money. Can I pay off my chapter 13 plan early? What happens when I complete my Chapter 13 obligations? What is the effect of a bankruptcy discharge? I received a chapter 13 discharge just recently but I fell behind on my mortgage again and they are foreclosing. . Can I refile and get another discharge?
I have not filed my tax returns for essay the last (or possibly other) years. My creditors should not care, should they? Now that I completed my taxes, should I send them in to the. Irs service center, where i usually file my returns? What if I want to sell my home (or real estate and I have already filed a chapter 13? After I file, how can I determine the status of my case? I lost my job or cannot make my plan payments for another reason. What can I do? I screwed up and my case was dismissed.
What exactly is the "Meeting of Creditors" and what will happen there? What are the chances of my bankruptcy "not being accepted?". I have an expensive car or house, which I bought when I was making a lot more money. My payments are really high, but I want to keep these items. How will this fact affect my bankruptcy plan? I work "under the table." I just to earn enough to feed my family. Will the court tell the irs about me?
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When at what point in time should I file? How can I stop creditors from harassing me? What if i owe the electric company, will they shut off my power? What about my credit record? I wrote a bad check to a creditor. Can that be discharged in a chapter 13? My vehicle finance company asked me to reaffirm (agree to be liable after bankruptcy) my debt to them.
Do i need to reaffirm any of my debts? My vehicle finance company stopped billing me after I filed chapter. My lawyer essay must have got me a free car, right? What exactly is expected of me in a chapter 13 case? (includes information on the meeting of the Creditors and locations).
I let my fire insurance lapse. That's my business, right? How much will I have to pay in a chapter 13 plan? When are my Chapter 13 plan payments due and how are they payable? I do not have a job.
Can I file Chapter 13? What if my mortgage company or other creditor overcharges me? Do i have to accept what they say? Must I have credit counseling before bankruptcy? When should I consider filing a chapter 13? How can I pay for an attorney if i am "bankrupt?".
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Who can file a chapter 13? Is there a limit on how much I can owe? Who notifies the creditors that I have filed (also, which is the proper book address to list on my bankruptcy schedules)? Can a chapter 13 save my home from foreclosure? Can a chapter 13 get my repossessed car back? Can a chapter 13 get my house back after a sheriff sale? Those insurance companies are crooks.
The person viewing this page is admonished that an attorney-client relationship may only be created with the express consent to the parties. Bankruptcy law is complicated and these "faq's" should only be used to give the reader a preliminary introduction to Chapter 13 law. . As always, the reader should consult with bankruptcy counsel before taking any action in this regard. . Rubin is licensed to practice law in pa, nj ny (inactive in NY). Referrals can often be made to attorneys in other states. What is Chapter 13? What is electronic filing and how can that help me? What is the "automatic stay" and why should I be concerned about it? Can text I recover money damages for its violation?
call finra's Gateway call Center at (301) 590-6500. This number will be rerouted in the event of a business disruption at finra's primary call center, so that the firm will be able to reach an operator or receive recorded instructions. This information also will be posted on nra. In instances when data communications are disrupted, firms are responsible for retaining data until it can be transmitted to finra. Finra's Business Continuity Plan. Finra's bcp specifies how we will respond to events that significantly disrupt our business and addresses safeguarding our employees and property; insuring data back up and recovery; restoring mission-critical systems as well as critical regulatory and operational activities; alternative communications with investors, member firms, associated. We plan to continue in business, transfer operations to alternate sites as needed, and maintain as much transparency to our constituents as possible during a disruption. Finra's business continuity plan is updated and tested regularly, and it is provided to the sec as part of its oversight of finra. This page is intended neither as legal advice, nor does it create nor attempt to create an attorney-client relationship.
What to Include in a business Continuity Plan. Finra rule 4370 gives a firm flexibility in designing a bcp. It may be tailored to the size and needs of the firm, but at a minimum it must include the following elements: Data backup and recovery (hard copy and electronic All mission critical systems; Financial and operational assessments; Alternate communications between customers and the firm. A firm must address the elements to the extent applicable and necessary. If any of the elements is not applicable, the firm's bcp mini must document the rationale for not including the element in its plan. If a firm relies on another entity for any one of the elements or any mission critical system, the firm's bcp must address this relationship. Finra provides the following optional tools to assist firms in in fulfilling their need to create and maintain business continuity plans (BCPs) and emergency contact person lists under finra rule 4370.
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Finra requires firms to create and maintain written business continuity plans (BCPs) relating to an emergency or significant business disruption. Rule 4370 —finra's emergency preparedness rule — spells out the required bcp procedures. A firm's bcp must be appropriate to the scale and scope of its business. Bcp procedures must be reasonably designed so the firm can meet its existing obligations to customers. A firm must disclose to its customers how its bcp addresses the possibility of a significant business disruption and how the firms plan to respond to events salon of varying scope. This bcp disclosure must be made in writing to customers when they open their account, posted on the firm's website if they maintain one and mailed to customers upon request. The bcp also must be made available promptly to finra staff if requested.