What is 11 usc 1328?
for restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury by the debtor that caused personal injury to an individual or the death of an individual.
What is a 1328 certificate?
DEBTOR’S CERTIFICATE OF COMPLIANCE UNDER 11 U.S.C. § 1328(a) AND APPLICATION FOR ENTRY OF DISCHARGE (In a joint bankruptcy ca. Page 1. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
What is a Chapter 13 Super discharge?
A Chapter 13 debt discharge is commonly known as a “super discharge” because the scope of the discharge is broader than the discharge given in Chapter 7 cases. In Chapter 13 cases, all debts are dischargeable, potentially without any payment, except for the following.
What is a 1305 claim?
Section 1305(a) provides for the filing of a proof of claim for taxes and other obligations incurred after the filing of the chapter 13 case.
What is prepetition?
Prepetition meaning Filters. (law) Of a claim, event, or condition existing prior to a bankruptcy petition.
How much do I have to pay back if I file Chapter 13?
In Chapter 13 bankruptcy, you pay your unsecured creditors an amount between 0 and 100% of what you owe them. The exact amount is depends on these rules: (1) The minimum amount you must pay is equal to the amount your unsecured creditors would have received had you filed for Chapter 7 bankruptcy.
Will Chapter 13 take all my money?
In Chapter 13 bankruptcy, you must devote all of your “disposable income” to repayment of your debts over the life of your Chapter 13 plan. Your disposable income first goes to your secured and priority creditors. Your unsecured creditors share any remaining amount.
What are prepetition claims?
Pre-petition debt is all debt that you have incurred prior to your bankruptcy case being filed. These debts will not be a part of your bankruptcy case and cannot be discharged. You are still liable on this debt and must pay for it. The bankruptcy cannot help you with post-petition debt.
What is prepetition interest?
Prepetition Payments means any payment (by way of adequate protection or otherwise) of principal or interest or otherwise on account of any prepetition Debt or other obligations or claims (including trade payables and payments in respect of reclamation claims) of Borrower or any Guarantor.
What are the bankruptcy laws in United States?
Some bankruptcy proceedings allow a debtor to stay in business and use business income to pay his or her debts. Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the Bankruptcy Code under its Constitutional grant of authority to “establish.
What is bankruptcy law?
In the past, companies were forced to file for bankruptcy when insolvent regardless of the reason. The worst part is, during that time, the companies were prohibited from trading which could lead to a fine. According to the new bankruptcy law however, businesses are allowed to defer paying creditors for an additional 12 months .
What is the United States Bankruptcy Act?
An Act to establish a uniform system of bankruptcy throughout the United States. The Bankruptcy Act of 1898 (” Nelson Act “, July 1, 1898, ch. 541, 30 Stat. 544) was the first United States Act of Congress involving bankruptcy to give companies an option of being protected from creditors.