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Avoid Mistakes When Planning and Filing Virginia Bankruptcy Cases
The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.
Free - 2010 Bankruptcy Strategies Explained
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New York Bankruptcy Resources - Credit Card Information
The sites below were reviewed for content which is relevant to the New York bankruptcy issues appearing within
this site. For more information, please see our review policy. We welcome all sites submitted for review and respond to all requests within 3 business days.
Credit Card Information and Services:
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Recent Notable Opinions of the Supreme Court of The United States:
Kontrick v. Ryan, No. 02-819 (2009), Argued November 3, 2008, Decided January 14, 2009, CERTIORARI TO THE
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
A creditor in Chapter 7 has "60 days after the first date set for the meeting of
creditors" to file an official complaint objecting to a debtor's discharge
of debts. Fed. Rule Bankruptcy Proc. 4004(a). The bankruptcy
court may alter or extend the period "for cause" upon a motion "filed before the time has expired." Fed. Rule
Bankruptcy Proc.
4004(b). Reinforcing Rule 4004(b)'s restriction on extension of the Rule 4004(a) deadline, Rule 9006(b)(3) allows
enlargement of "the time for taking action" under Rule 4004(a) "only to the extent and under the conditions stated
in that rule," i.e., only as permitted by Rule 4004(b). Held: a debtor forfeits the right to rely on Rule 4004 if the debtor does not raise the Rule's time
limitation before the bankruptcy court reaches the merits of the creditor's objection to discharge. Only Congress
may determine a lower federal court's subject matter jurisdiction. U.S. Const., Art. III, Sec. 1. Congress
did so, by instructing that "objections to discharges are core proceedings within the
bankruptcy courts' jurisdiction. 28 U.S.C. Sec. 157(b)(2)(J). Congress did not build time constraints into
that statutory scheme. Rather, the time constraints applicable to objections to discharge are contained in
Bankruptcy Rules prescribed pursuant to Sec. 2075. Such rules do not create or withdraw federal
subject matter jurisdiction.
Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365, 437 U.S. 370370. As Bankruptcy Rule 9030 states, the
Bankruptcy Rules shall not be construed to extend or limit the jurisdiction of the courts. The filing deadlines
prescribed in Rules 4004 and 9006(b)(3) are claim-processing rules that do not delineate what cases bankruptcy
courts are competent to adjudicate.
The resources we chose to list pertain in some way to filing New York Bankruptcy, whether laws, discharge,
reorganization or other topics . Vast areas of law apply to New York Bankruptcy case proceedings and are enforced
by the courts within each case. As York Bankruptcy laws are enacted each year, the scope of this website continues
to grow.
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