This essay attempts a simple outline of the different types of bankruptcy available under the banruptcy code for American debtors, and the basic procedures and process involved in a debtor filing for personal bankruptcy for legal discharge of his or her debt.

BANKRUPTCY AS A CONSTITUTIONAL RIGHT.

Personal bankruptcy is a fundamental Constitutional right. Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies” for the benefit of debtors who are United States citizens. Under this grant of authority, Congress enacted today’s “Bankruptcy Code,” last significantly revised or amended in 2005. The Bankruptcy Code, which is codified as title 11 of the United States Code, is the uniform federal law that governs all bankruptcy cases. Hence, bankruptcy being a fundamental Constitutional right, debtors need a cheap low-cost alternative bankruptcy system to high lawyers fees, and need to be able to afford bankruptcy without lawyers, or with lawyers. The point is that the cost and fees of filing for bankruptcy should never be made to be so high as to be a bar or hindrance for qualified American debtors who need to file for bankruptcy. Could that mean having to file bankruptcy with no bankruptcy attorney – to assure it will be low-low cost bankruptcy? Yes, maybe. Atimes, when the circumstances warrant that to make it practicable for a debtor to be able to excercise or enjoy that fundamental citizenship right.

THE BASIC PROCEDURES OF THE BANKRUPTCY PROCESS

The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure (often called the “Bankruptcy Rules”) and the local rules of each bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules (and local rules) set forth the formal legal procedures for dealing with the debt problems of individuals and businesses.

There is a U.S. bankruptcy court for each “judicial district” that has been set up in the country. Each state has one or more districts, and there are 90 bankruptcy districts all across the whole country, with each of the bankruptcy courts generally having its own Clerk’s offices.

The court official with decision-making power over federal bankruptcy cases is the United States bankruptcy judge; he or she is the judicial officer who presides over the given United States district court. The bankruptcy judge may decide any matter connected with a bankruptcy case, such as eligibility to file or whether a debtor should receive a discharge of debts. In realistic and practical terms, however, much of the bankruptcy process is really not “judicial” or “legal” or even “financial” at all. But is, rather, merely ADMINISTRATIVE, both in nature and content, and is conducted, in fact, completely away from the bankruptcy courthouse. In deed, in cases dealing with the chapters 7, 12, or 13 types of bankruptcy (meaning largely the personal types of bankruptcy, as opposed to corporate or business types), and sometimes in chapter 11 cases, this administrative process is carried out by someone known as a “trustee” – a person who is not a bankruptcy judge or a court officer, but merely contracted by the court is to process and oversee the case.

Under the bankruptcy process, a debtor’s involvement with the bankruptcy judge is usually very limited. If you are a chapter 7 debtor (see below), for example, you typically will not appear in any bankruptcy court or judge’s courtroom, nor will you ever see the bankruptcy judge – unless, say, an objection is raised in your case by one of your creditors, an occurrence that is very uncommon. If you are a chapter 13 (see below) debtor, you would only have to appear before the bankruptcy judge at one point, only at a hearing as to the confirmation of your repayment plan. Generally, whether in a chapters 7, 12, or 13 type of case, the only formal proceeding at which a debtor is required appear or be personally present in a case, is what is called “the meeting of creditors.” Informally called the “341 meeting” because it is Section 341 of the Bankruptcy Code that mandated it, this meeting is held principally and primarily just so that the debtor’s creditors can question the debtor about their debts and property. This meeting is usually held, not in the court house or any judge’s chambers, but at usually at the offices of the U.S. trustee.

THE “FRESH START” MISSION AND GOAL OF THE BANKRUPTCY LAW & SYSTEM

Consistent with the original mandate of the U.S. Constitution that bankruptcy is a fundamental constitutional right, probably the single most fundamental goal and mission for which the federal bankruptcy laws are enacted by Congress, is to give debtors a financial “fresh start” from the burden of crushing debts. The U.S. Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision:

[I]t gives to the honest but unfortunate debtor…a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt. [Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934)].

For the debtor, this fundamental goal and mission becomes basically accomplished through being granted the bankruptcy discharge by the bankruptcy court, and this releases the debtor from personal liability from specific debts and prohibits creditors from ever taking any action against the debtor to collect those debts.

HOW DO YOU FILE FOR BANKRUPTCY? CAN YOU AFFORD IT?

Before we get to the basic types of bankruptcy that may be open to you under the bankruptcy law, just a few words about this vital issue: HOW DO YOU FILE FOR BANKRUPTCY AFFORDABLY, IF YOU WERE TO WANT TO DO SO? And secondly, as a debtor contemplating it, how can I AFFORD BANKRUPTCY? Actually, under the bankruptcy law, you’re given essentially three basic options: either take a do-it-yourself approach and prepare and file the bankruptcy papers (if you know the procedures) yourself; or, if you prefer, hire a knowledgeable bankruptcy attorney (not every attorney necessarily knows squat about bankruptcy!) to file the bankruptcy for you; or, the third option, you may hire a competent Debt Relief Agency or Agent (also called a Bankruptcy Petition Preparer or BPP) to prepare the same bankruptcy papers for you, but at a far lesser and more affordable cost for the bankrptcy filing than the attorney’s. Hence, a debtor, should he or she so prefer, may very well have bankruptcy with no bankruptcy attorney. With the help of either a bankruptcy lawyer or a BPP (depending on which one of the methods you prefer to go with), you’ll basically need to file a petition with the court that details your creditors and how much you, or if applicable, your business, owes to them. Then, a “trustee” is appointed by the bankruptcy court to oversee your case, and he then is responsible to administer the entire process till you get your court discharge from your debts in a Chapter 7 type of bankruptcy, and/or you repay the debts, say, in a Chapter 13 type of case.

THE BASIC TYPES OF BANKRUPTCY CASES

There are six basic types of bankruptcy cases provided for under the U.S. Bankruptcy Code – Chapters 7, 11, 13, 12, 9, 15. These designations derive from the names of the chapters of the Code that describe them. The following are a brief description of each of these.

CHAPTER 7. This is often called “liquidation” bankruptcy. This type of bankruptcy primarily contemplates an orderly, court-supervised procedure by which a court-appointed “trustee” takes over the assets of the debtor’s estate (to the extent that he or she has any, if at all), “liquidates” or reduces them to cash, and makes distributions of such recovered funds to creditors. The debtor is allowed to retain certain “exempt property” that will allow him the bare necessities to enable the debtor to live on even after bankruptcy. In practice, however, there is usually little or no nonexempt property left in most chapter 7 cases, and hence, there is generally NO actual “liquidation” of the debtor’s assets in the average case. These cases are called “no-asset cases.”

For the most part, in chapter 7 cases, the debtor who is an individual, receives a court discharge that releases him or her from personal liability for certain dischargeable debts. Discharge occurs usually just a few months after the debtor files his or her petition for.

You should note, however, that in 2005, certain amendments which were made to the Bankruptcy Code in 2005, called the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, require the debtor first takes a financial “means test” which is now the basic determinant of whether the individual consumer debtor qualifies to file for relief under chapter 7. If such a debtor’s income is exceeds certain income thresholds, the debtor may not be eligible to file for bankruptcy relief under chapter 7.

CHAPTER 13. This is often called the “adjustment of Debts” bankruptcy for an individual with a regular income. This type of bankruptcy is designed for an individual debtor who has a regular source of income. Chapter 13 is usually preferred to chapter 7 by debtors who have some valuable asset that they need to keep, such as a house, because this type of bankruptcy enables the debtor to propose a “plan” to repay creditors their debts over time – usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief because they do not meet the “means test” requirements. Basically, in a Chapter 13 case, the debtor works up a “repayment plan” by which he or she is to repay the debt, in part or in whole. There is then a confirmation hearing held by a judge on the proposed plan; the court then either approves or disapproves the debtor’s repayment plan, depending on whether it meets the Bankruptcy Code’s requirements for confirmation.

Chapter 13 is very different from chapter 7 in a few ways. The chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor’s anticipated income over the life of the plan. Unlike chapter 7, the debtor does not receive an immediate discharge of debts. The debtor must complete the payments required under the plan before the discharge is received. In return, the debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect. The discharge is also somewhat broader (i.e., more debts are eliminated) under chapter 13 than the discharge under chapter 7.

CHAPTER 11. This is often called the “Reorganization” bankruptcy. Ordinarily, it is meant for and primarily used by commercial enterprises that desire to continue operating a business and to repay creditors concurrently, through a court-approved plan of reorganization. The chapter 11 debtor usually has the exclusive right to file a “plan of reorganization” for the first 120 days after it files the case and must provide creditors with a disclosure statement containing information adequate to enable creditors to evaluate the plan. The court ultimately approves (confirms) or disapproves the plan of reorganization. Under the confirmed plan, the debtor can reduce its debts by repaying a portion of its obligations and discharging others. The debtor can also terminate burdensome contracts and leases, recover assets, and rescale its operations in order to return to profitability. Under chapter 11, the debtor normally goes through a period of consolidation and emerges with a reduced debt load and a reorganized business.

CHAPTER 12. This is often called the “Adjustment of Debts” bankruptcy for a Family Farmer or Fisherman with Regular Annual Income. It provides debt relief to family farmers and fishermen with regular income. The process under chapter 12 is very similar to that of chapter 13, under which the debtor proposes a plan to repay a debtor’s debts over a period of time – no more than three years unless the court approves a longer period, not exceeding five years. There is also a trustee in every chapter 12 case whose duties are very similar to those of a chapter 13 trustee. The chapter 12 trustee’s disbursement of payments to creditors under a confirmed plan parallels the procedure under chapter 13. Chapter 12 allows a family farmer or fisherman to continue to operate the business while the plan is being carried out.

CHAPTER 9. This is Adjustment of Debts of a MUNICIPALITY; it provides essentially for reorganization, much like a reorganization under chapter 11. Only a “municipality” may file under chapter 9, which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts.

CHAPTER 15. The purpose of Chapter 15, which is entitled “Ancillary and Other Cross-Border Cases,” is to provide an effective mechanism for dealing with cases of cross-border insolvency. This Chapter 15 largely applies where a debtor or its property is subject to the laws of the United States and one or more foreign countries.

Finally, in addition to the above outlined basic types of bankruptcy cases, there is also the SERVICE MEMBERS’ CIVIL RELIEF ACT. This is the law and process of bankruptcy filing which, among other things, provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors. And there also a liquidation proceedings that comes on under the Securities Investor Protection Act (“SIPA”). True, the Bankruptcy Code provides for a stockbroker liquidation proceeding. However, it is still far more likely that a failing brokerage firm will find itself involved in a SIPA.  How? Under the SIPA procedure, investors securities and cash left with failed brokerages are returned to the investors. Since its establishment in 1970 by Congress, the Securities Investor Protection Corporation has protected investors who deposit stocks and bonds with brokerage firms by ensuring that every customer’s property is protected, up to $500,000 per customer.

FURTHER INFORMATION & HELP ON FILING BANKRTCY.

What to do when and if swimming in debt!? To learn more details about the requirements, qualifications and procedures, involved in each of the different types of bankruptcy discussed in this essay? Or, to get more specific information on how to actually file for cheap, low cost alternative bankruptcy system to high lawyers legal fees that you can well afford? Simple visit this site: www.afford-bankruptcy.com

 

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Putting prescriptive morality aside, I contend that the self-interestedness supported by pro-selfishness philosophers does not necessarily conflict with the kindness supported by pro-selflessness philosophers.

The two philosophical viewpoints appear to directly oppose each other, but that appearance stems from the use of divisively confusing terminology.

Firstly, let’s look at the use of term selfish. Generally speaking, what most pro-selfishness philosophers call “selfishness,” I would just call self-interestedness. To most people, ‘selfishness’ generally refers to acting upon especially greedy, uncompassionate or narcissistic motivations. In contrast, ‘self-interestedness’ can simply refer to acting out of one’s own interests, including indirect interests. Many people, including myself, argue that all people are inherently self-interested because, by definition, a person desires and values what he or she desires and values. Those desires and values also develop into goals, and the person makes their decisions in an attempt to most fulfill those desires, values, and goals. While everyone is self-interested, the label ‘selfish’ is usually reserved only for people whose interests are more greedy, uncompassionate or narcissistic than other people’s interests.

Now let’s look at the use of the term selfless. Generally speaking, what most pro-selflessness philosophers call “selflessness,” I would just call kindness or compassion. Using the term ‘selflessness’ seems to absurdly suggest that an allegedly “selfless” person does not have any desires, values or goals or at least that the person does not try to act out of his or her desires, values or goals at all. But that is probably not what most pro-selflessness philosophers mean. When they call a person “selfless,” they probably just mean that the person has compassionate desires, values and goals, in that the person likes to help other people and other people’s happiness makes the person happy. In contrast to the misnomer ‘selfless,’ referring to such people as kind and compassionate more accurately portrays that the people each have kind and compassionate interests which they each act out as opposed to not having interests or not acting out of their interests.

In conclusion, so-called “selfishness” and “selflessness” can actually be compatible because the former can mean ‘self-interestedness’ and the latter can mean ‘kindness.’ And self-interestedness is compatible with kindness. In fact, I believe it is in most people’s self-interest to help others, not only because others may return the favor, but also because we naturally love each other. We empathize and sympathize with each other. We feel good when we observe others feeling good. We feel bad when we observe others feeling bad. We feel enjoyment and satisfaction by helping other people and by making other people feel happy.

Scott Hughes has written many philosophy articles, which you can read and discuss at the Philosophy Forums. The forums are a great place to discuss philosophical topics including morality, religion, metaphysics, politics and more. Join today at OnlinePhilosophyClub.com. It’s completely free, and all viewpoints are welcome.

Situated in North East Africa, bordering Israel and the Gaza Strip to the north-east, Jordan to the east, Sudan to the south and Libya to the west, Egypt is flanked by the Mediterranean Sea as well as the Red Sea, and is dominated by the Nile River and its fertile valley as well as the Eastern and Western deserts. Geographically, this makes Egypt one of the most fascinating and varied destinations, with a host of contrasting landscapes to be enjoyed alongside its many attractions and famous landmarks.

Ramses IIEgypt overland tours showcase the country’s fascinating history and ancient cultures, giving the chance to explore one of the oldest civilisations in history dating back as early as 3200 BC. Some of the key highlights to enjoy on an Egypt backpacking tour include the following:

u>Cairo
The thriving capital city of Egypt is a blend of modern living and classic Egyptian culture, with a host of things to see and do in and around the city from mesmerising markets (souqs) to delicious local cuisine, world-class shopping centres, beautiful Islamic architecture, one of the oldest and largest music and film industries in the Arab world and plenty more besides. As one of the largest cities in Africa and the Middle East, a visit to Cairo is not to be missed.

Giza Pyramids
Famous all over the world and for very good reason, the pyramids of Giza are arguably one of the most popular aspects of any Egypt budget travel adventure, bringing thousands of travellers to this ancient landmark each year to explore these ancient tombs by camel or by foot. The Pyramids of Khufu, Khafre and Menkaure are one of the last remnants of the Seven Wonders of the Ancient World, and are simply out of this world!

Sphinx
Another not-to-be-missed landmark is the iconic Sphinx. Standing under the shadow of the Giza Pyramids, the Sphinx guards the entrance to the pyramids as it has done for thousands of years. Despite a bit of wear and tear (and the loss of part of its nose), this Pharaoh’s head on top of a giant lion’s body remains one of the most instantly recognisable icons of Egypt, immortalised on postcards and posters everywhere. No Egypt overland tours are complete without a visit to the Sphinx.

Red Sea
The beautiful Red Sea is one of the most coveted scuba diving destinations, bringing huge droves of dive enthusiasts to the warm waters of this region to explore the rich marine life and coral reefs that lie below. Many dive schools can be found in this region, offering resort courses as well as full diving courses. Marine life to be found includes over 1000 species of fish as well as stingray, eels and dolphins, not to mention an abundance of coral reefs. This Egypt budget travel adventure is ideal for adventure-seekers who want to explore the area’s underwater delights.

Valley of the Kings & Queens
Yet another must-see on your Egypt backpacking tour is the Valley of the Kings & Queens. Situated on the west bank of the Nile River opposite Luxor, this is where tombs and temples of the ancient kings and queens of the 20th Dynasty or approximate era can be found – Tutankhamun’s un-robbed tomb is just one of the more recent discoveries that have been found here, along with many other undiscovered wonders. For a glimpse into the fascinating past of exotic Egyptian kingdoms, this is an absolute must-see on any Egypt overland tours!

For all Egypt budget travel options and Egypt overland tours, contact the team at OverlandingAfrica.com or post your comments below.

The internet has changed the entire way of shopping, entertainment, conversation and much more. The recent technological improvement can be seen through the internet faxing facility. Earlier, you were able to send and receive a document through the facsimile machine which was very complicated and time consuming process. But now, the internet fax has made the job of sending faxes effortless and more convenient. The best part is that you can use the Google fax service to send documents through your email.

The Google fax is beneficial in many ways. It saves your valuable time and money which you would have spent otherwise on the facsimile machine. It also saves you from spending a huge amount on the cartridges and ink. Even the Google fax is handy to reduce huge cost on electricity bills that would have generated with these outdated machines. Meanwhile, to avail the facility of this modern fax technique, you should have a Gmail account.

Though you require the Google mail to avail this fax facility, you should remember that Google doesn’t offer this service directly. You must hire a suitable internet faxing service that can serve you email faxing as well. Meanwhile, the cost of this kind of service is different from one website to the other.

Using the Google fax service is not that much difficult as you think. All you need to do is to set up a new Gmail account which is freely offered by Google. After that just log in the account and compose a mail with the attachment of a document that you want to send. At the end, type out the sender’s fax number and press the send button; your fax will be sent immediately.

Well, sending the internet fax is a simple procedure. Finding the authentic website is really difficult as there are many website present on the World Wide Web offering the fax service through Google.

Firstly, you should look for one where sending fax through Google is an inbuilt feature. These kinds of sites provide all kind of advanced feature in comparison to the outdated fax machines. Second thing is that the fax sending procedure should be simple. It is equally vital as many customers find it difficult to understand the steps. Hence, you have to ensure that the procedure should be general and doesn’t contain any technical steps. Comparing the rates will be a good option to find the best Google fax service provider.

The benefit of a reputed service is that it gives a suitable assistance to its clients. If you get stuck in-between while sending or receiving a fax, you can ask for a help to these professionals. 

Meanwhile, the Google fax service is perhaps the best recent technology that has changed the way of sending and receiving a fax. With every passing day many small scale industries are turning towards this type of email fax for business use. It is advisable for the personal use as well.

]]> http://laminatewoodfloorings.com/google-fax-service-a-preferable-option-to-save-time-and-money/feed 0 http://laminatewoodfloorings.com/know-few-simple-things-on-the-payday-loans http://laminatewoodfloorings.com/know-few-simple-things-on-the-payday-loans#comments Sun, 20 May 2012 06:05:00 +0000 http://laminatewoodfloorings.com/know-few-simple-things-on-the-payday-loans Continue reading →]]> You might have often heard about the payday loans, but you might not have the basic information on these loans. Therefore, being a resident of UK it is very essential for you to know about these loans because you never know when you might also require a similar loan. These loans can often be referred to as the fast cash, or next day loans. These are named so because these loans are available very easily within a very short period of time. In fact, you might often get these loans right on the day of the application because these are exclusively designed to meet the immediate financial crisis.There are many lenders that provide these payday loans. Therefore, if you are successful in finding out a good financial institution, you can get the loans sanctioned. The greatest benefit of these loans is that you would not have to be worried about your poor credit history while applying for these loans because while granting these loans, the money lenders do not take into account your credit details. Instead, they take few personal details and you banking details. Therefore, you can be assured of the fact that the availability of these loans would not be a problem, at all.You might require these payday loans for any financial crisis. However, unlike any other form of loans, any questions in association with the loan would not be asked to you by the lending institution. Therefore, you would be able to use the loan for any purpose, provided the fact that you take the responsibility of repaying the loan back at the right time. This would also prove to be beneficial for you because in this case the rate of interest along with the principal amount would not be a burden for you.The process of finding out a lender for the payday loans is indeed very simple and easy. At the same time, if you make up your mind to search online, it would be less time consuming, as well. As soon as, you get hold of a good lender, you can apply for the required amount, and no sooner than your expectation would the loan reach your account. This clearly gives an indication of the fact that the procedure for application is also quite simple, and free from any form of hassle.When you search the lender for the payday loans online, you would have wide varieties of options. Not only would you be able to know about the specific requirements of the different companies, but at the same time, you would also know the rates that they would charge. If you want, you would also be able to make a comparison of the rates, before you apply for the one. On the contrary, it would be very time consuming and difficult for you to make the same comparison offline. Therefore, without any second thought like looking for the loan company online. You would benefit.