The timeframe of filing for bankruptcy, going through bankruptcy proceedings, and exiting bankruptcy is different for each debtor in Pennsylvania. Preparing a bankruptcy petition can take a few weeks. This is because debtors must gather considerable information about their finances and outstanding debts. After you file, an automatic stay will take effect immediately, provided you are eligible to receive one. Debtors will have to choose liquidation exemptions when they declare bankruptcy. If you file for Chapter 13, you will have to design a repayment plan in the first two weeks of filing in Pennsylvania. How fast debtors exit bankruptcy will depend on a few factors. That said, debt can be addressed within a matter of a few short months or years when debtors file for bankruptcy in Pennsylvania. For a free case review from our Pennsylvania bankruptcy lawyers, call Young, Marr, Mallis & Associates today at (215) 701-6519. How Fast Can You File a Bankruptcy Petition in Pennsylvania? You can file for bankruptcy relatively quickly after deciding to gain control over your finances in Pennsylvania. That said, once you make that decision, you will need to prepare the necessary forms to file with the court. Once you choose to declare bankruptcy, the process is pretty quick. Our Bucks County bankruptcy lawyers can help you file a petition with the court as soon as possible. Preparing the initial petition will take some time, as it must include your financial information, such as your assets, monthly income, and expenses. You must also include estimates of your debt and a list of creditors. In the bankruptcy petition, you will also note the type of bankruptcy you plan on filing for. In Pennsylvania, most debtors will file petitions for either Chapter 7 or Chapter 13, depending on their financial status. Our attorneys will put your income to a means test to determine if you qualify for non-liquidation bankruptcy in Pennsylvania. Once you have gathered the necessary information to include on your petition, you can declare bankruptcy in Pennsylvania. How Fast Will an Automatic Stay Go into Effect After Filing for Bankruptcy in Pennsylvania? One of the perks of filing for bankruptcy in Pennsylvania is an automatic stay. In most cases, this will go into effect immediately after you file your bankruptcy petition. Most debtors are eligible to benefit from an automatic stay once they declare bankruptcy. This essentially pauses all debt collection efforts from creditors for the duration of bankruptcy proceedings. An automatic stay will take effect right away. Debtors who have filed for bankruptcy multiple times in a short period might not get to benefit from an automatic stay in Pennsylvania. How Fast Do You Have to Choose Bankruptcy Exemptions in Pennsylvania? There are certain forms that debtors have to complete and submit to the court when filing for bankruptcy in Pennsylvania. This includes forms for liquidation exemptions, which should be filed alongside the initial bankruptcy petition. There are many forms required to file for bankruptcy, which can be filed simultaneously to make the process smoother for debtors in Pennsylvania. An important form to be aware of is Schedule C, which allows debtors to note the liquidation exemptions they’d like to use during Chapter 7 bankruptcy. Debtors in Pennsylvania can use federal exemptions over state exemptions, which may enable them to protect important assets from liquidation, like their vehicles or homes. If you do not submit specific liquidation exemptions when you file for bankruptcy, the property you wish to protect might be vulnerable to liquidation. Because of this, it is important to identify which exemptions you wish to use when you initially file for bankruptcy in Pennsylvania. How Fast Must You Make a Repayment Plan for Bankruptcy in Pennsylvania? Debtors that file Chapter 13 bankruptcy must design a repayment plan that allows them to pay back creditors. Creating a repayment plan might take some time, depending on the size of your debt and the number of creditors you have. After assessing your debt, expenses, and income, our lawyers will submit a repayment plan to the court. The goal of this plan is to consolidate your debt under the same interest rate so that you can meet payments over a period of time. If a repayment plan is not agreeable to a creditor, they might contest it. Because of this, it might take several weeks to design a repayment plan that meets everyone’s needs in Pennsylvania. Typically, debtors must submit a proposed repayment plan within a couple of weeks of filing for bankruptcy. Then, a judge will assess it to determine whether or not it is appropriate. In some cases, the court will grant an extension, allowing a debtor more time to design a repayment plan for Chapter 13 bankruptcy in Pennsylvania. How Fast Will You Exit Bankruptcy in Pennsylvania? The speed with which you can exit bankruptcy will largely depend on the type of bankruptcy you file for. Chapter 7 is generally shorter, while Chapter 13 is longer in Pennsylvania. The average length of Chapter 7 bankruptcy in Pennsylvania is four to six months. This means that you can fully address your debt less than a year after you file the initial petition. During this time, the necessary assets will be liquidated to repay creditors. Dischargeable debts will also be erased, leaving you with no responsibility to repay them. Chapter 13 bankruptcy typically takes longer, as debtors have to make payments to repay creditors instead of liquidating their assets. For this reason, it may be between three and five years before you exit Chapter 13 bankruptcy in Pennsylvania. Despite the fact that Chapter 13 takes longer, it is preferable to many debtors who want to retain their assets during bankruptcy. Regardless of the type of bankruptcy you declare, once you exit it, you will no longer have any debt in Pennsylvania, allowing you to move forward and solidify your financial security. You Can File for Bankruptcy in Pennsylvania Now Call the Philadelphia bankruptcy lawyers at Young, Marr, Mallis & Associates at (215) 701-6519 to schedule a free evaluation of your case.

Bankruptcy Court Trustee Hearings Will Soon Be On Zoom Bankruptcy Trustee hearings are now telephonic. That started for the pandemic, effective April 9, 2020. They are moving to Zoom, soon. Associate Attorney General Vanita Gupta made that announcement Friday at the annual convention of the National Association of Consumer Bankruptcy Attorneys.  Colorado, Wyoming, and Utah […] The post Bankruptcy Trustee Hearings Will Soon Be on Zoom by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

Bankruptcy Court Trustee Hearings Will Soon Be On Zoom Bankruptcy Trustee hearings are now telephonic. That started for the pandemic, effective April 9, 2020. They are moving to Zoom, soon. Associate Attorney General Vanita Gupta made that announcement Friday at the annual convention of the National Association of Consumer Bankruptcy Attorneys.  Colorado, Wyoming, and Utah […] The post Bankruptcy Trustee Hearings Will Soon Be on Zoom by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

ABL Advisor's  is reporting that new Chapter 11 bankruptcy filings increased by 79% in March 2023.  The article can be found at https://www.abladvisor.com/news/36211/commercial-chapter-11-filings-rise-79-y-y-in-marchJim Shenwick, Esq  jshenwick@gmail.com  917-363-3391We held individuals & businesses with too much debt!

What Are Arizona’s Criminal Statutes Oof Limitations? A statute of limitations, in a criminal offense context, is the amount of time that the prosecution has to bring charges against the accused. Statutes of limitations can vary from state to state, and the statute of limitations could be longer if the crime is also considered a federal offense. Laws can change and retroactively extend a statute of limitations that has already expired. Additionally, the civil statutes of limitations for the financial damages surrounding the offense could differ from the criminal statutes of limitations. Read on to learn more about the statutes of limitations surrounding criminal offenses in Arizona. If you’re facing misdemeanor or felony charges in Arizona, call our firm for your free phone consultation at 480-448-9800.  Arizona Revised Statutes Section 13-107 Arizona’s statutes of limitations, or time limitations, are defined by A.R.S. § 13-107. If a prosecution is initiated against a defendant but dismissed, the state has 6 months to reinitiate the case or it will be considered expired.  No Time Limit Some offenses are so serious that the state doesn’t prescribe a statute of limitations to them. Homicide and conspiracy to commit homicide are both offenses without statutes of limitations in Arizona. Sexual offenses listed in Chapter 14 of the Arizona criminal code that is considered class 2 felonies also have no time limit. The same can be said for violations of Chapter 35.1, which covers sexual exploitation of children. Violent sexual assault as defined by A.R.S. § 13-1423 has no statute of limitations. Neither do violations of A.R.S. § 13-2308.1 (terrorism), A.R.S. § 13-2308.3 (unlawful use of an infectious biological substance or radiological agent), or A.R.S. § 13-3212 (child sex trafficking). The prosecution is also not bound by statutes of limitations for misuse of public monies or a felony involving falsification or attempt to commit falsification of public records.  Seven Years Most Arizona felonies -classes 2 through 6- have a seven-year statute of limitations. Class 6 felonies are the least serious, while class 2 felonies are the most serious besides capital offenses.  One Year Misdemeanor offenses have a one-year statute of limitations in Arizona.  Six Months Petty offenses have a six-month statute of limitations in Arizona.  Exceptions There are exceptions to A.R.S. § 13-107 that prosecutors can utilize to keep charges from being dismissed in court. Under this phrasing, a statute of limitations has not begun “running” if an exception applies. A statute of limitations doesn’t run when the accused flees the state or hides from investigation within the state. The statute of limitations doesn’t run for serious offenses when the perpetrator’s identity is unknown. Serious offenses are defined by A.R.S. § 13-706. Section 706 categorizes them into serious offenses and violent or aggravated felonies. Serious offenses include first- and second-degree murder, manslaughter, aggravated assault resulting in serious injury or using a deadly weapon, sexual assault, dangerous crimes against children, home arson, armed robbery, first-degree burglary, kidnapping, sexual conduct with a minor under 15 years old, and child sex trafficking. Violent and aggravated felonies include first- and second-degree murder, aggravated assault resulting in serious injury or using a deadly weapon, dangerous or deadly assault by a prisoner, committing assault with the intent to riot or participate in a riot, drive-by shooting, discharging a firearm at an occupied residential structure, kidnapping, sexual conduct with a minor that is a class 2 felony, sexual assault, child molestation, continuous sexual abuse of a child, violent sexual assault, first-degree burglary in an occupied residential structure, arson of an occupied structure, arson of an occupied jail or prison facility, armed robbery, participating in a street gang, terrorism, taking a child for prostitution, child sex trafficking, commercial sexual exploitation of minor, sexual exploitation of a minor, and unlawful introduction of a disease or parasite.  Other Defenses Against Serious Offenses If you’ve been charged with a serious crime, succeeding in a statute of limitations defense may be unlikely. It could be one challenge you present to the prosecution’s charges against you, but you will probably need more to avoid prison time.  Challenge The Admissibility of Evidence Older cases mean older evidence exhibits, which could be more susceptible to validity challenges in court. Evidence samples from older offenses may have been tested using technology that is now considered antiquated. If the form of testing previously used on the sample is now considered unreliable, the defendant should request retesting or testing by an independent laboratory. Eyewitness evidence from a crime that is years old is also known to be unreliable.  Fourth Amendment Violations The Fourth Amendment of the U.S. Constitution protects against unreasonable government searches and seizures. In general, the police must have reasonable suspicion to stop and investigate a suspect for a crime, and probable cause to place that suspect under arrest. If the police violated your constitutional rights while investigating you or arresting you for a crime, much of the evidence they obtained to use against you will likely be inadmissible in court, weakening the prosecution’s case against you.  Charge Reduction Convincing the prosecution that they don’t have a strong enough case to pursue it at its current level may be a key part of your defense lawyer’s strategy. If your felony offense is reduced to a misdemeanor, this could also reduce the statute of limitations. Even if it doesn’t get your case dismissed through the statute of limitations, the mandatory penalty ranges decrease greatly for less serious charges.  Alibi/Innocence Sometimes in the case of prosecution of older crimes, the wrong defendant can be charged. Without DNA evidence attaching the defendant to the crime, it can be difficult to disprove an alibi from years past. Witnesses’ memories can fade and other evidence can be lost or damaged. Don’t assume that you will be declared not guilty at trial just because it is the truth- hire a defense attorney who cares about your case.  Consider a Private Defender If You’re Facing Serious Time A criminal defendant in the state of Arizona is entitled to their choice of legal counsel, whether that be a public defender or an attorney they hire on their behalf. If your charges evade Arizona’s statute of limitations, there is a strong possibility you are up against significant time behind bars. It could take any combination of the defenses described above, as well as negotiation, plea bargaining, and other legal strategies to eliminate or mitigate the negative impact these charges can have on your life. There are plenty of public defenders who are intelligent and passionate about their cases, but you won’t get to browse through a catalog and read their reviews when the court makes an assignment. With all that’s on the line, you may want to at least see what other options are available in your choice of legal counsel.  At My AZ Lawyers, our experienced Arizona criminal defense attorneys are assertive and experienced when it comes to defending against criminal prosecution, even in the case of highly serious charges. Hiring a quality defense attorney could save you from an avalanche of life-altering repercussions that could come from a criminal conviction, or even an investigation or trial going on for too long. For your free phone consultation with a member of our defense team, contact us through our online form or call our office at 480-448-9800.      Arizona Offices: Mesa Location: 1731 West Baseline Rd., Suite #100 Mesa, AZ 85202 Office: (480) 448-9800 Email: info@myazlawyers.com Website: https://myazlawyers.com/ Phoenix Location: 343 West Roosevelt, Suite #100 Phoenix, AZ 85003 Office: (602) 609-7000 Glendale Location: 20325 N 51st Avenue Suite #134, Building 5 Glendale, AZ 85308 Office: (602) 509-0955 Tucson Location: 2 East Congress St., Suite #900-6A Tucson, AZ 85701 Office: (520) 441-1450 Avondale Location: 12725 W. Indian School Rd., Ste E, #101 Avondale, AZ 85392 Office: (623) 469-6603 The post What Are Arizona’s Criminal Statutes Of Limitations? appeared first on My AZ Lawyers.

 Bed Bath & Beyond ("BBB") filed for Chapter 11 Bankruptcy Protection. Individuals & businesses who are owed money by BBB should organized their business records & file a Proof of Claim when  notified by the Bankruptcy Court.Also & importantly, If a vendor delivered goods to  BBB in the 20 days before the Debtor filed bankruptcy, and those goods were delivered in the ordinary course of business, then you can get administrative claim status of the amount of the goods delivered. See 11 U.S.C. § 503(b)(9) and you should consult with a bankruptcy attorney as soon as possible.Jim Shenwick, Esq.  917 363 3391  jshenwick@gmail.comWe held individuals & businesses with too much debt!

The article can be found at https://www.cfo.com/credit-capital/bankruptcy/2023/04/chapter-11-bankruptcy-subchapter-v-epiq-commercial-filings-svb-financial-diamond-sports/

PLEASE NOTE THAT EFFECTIVE IMMEDIATELY, PLEASE USE 917 363 3391 TO CONTACT JIM SHENWICK, ESQ. ----------------- The New York Post recently had an article about a New York bankruptcy trustee who has ordered dozens of former sales reps at Worth Collection (an upscale, New York-based women’s apparel label that filed for chapter 7 bankruptcy three years ago) to return tens of thousands of dollars in commissions they earned shortly before the company’s bankruptcy filing. The article can be found at https://nypost.com/2023/03/30/bankrupt-nyc-fashion-labels-sales-reps-ordered-to-return-commissions/?utm_source=gmail&utm_campaign=android_nyp The article states that stylists who worked as independent contractors for Worth Collection  (which catered to professional women at trunk shows that were typically held at the stylists’ homes or showrooms) were ordered to repay  the earned commissions by a US Bankruptcy Trustee. In the way of background, when a company files for chapter 7 bankruptcy protection, a bankruptcy trustee is appointed to close the business, liquidate the business’s assets, and distribute those monies to creditors.  The bankruptcy trustee will review the company's financial statements, bank statements, check registers, and tax returns to determine if preferential payments or fraudulent conveyances were made. If  those payments occurred, then the bankruptcy trustee will commence lawsuit(s) (called Adversary Proceedings in bankruptcy parlance) to recover those monies. While not actually stated in the article, it is this author’s opinion that the bankruptcy trustee’s action against the stylists was for preferential payments, i.e., payments made to the stylists on account of antecedent debts (old debts) within 90 days of Worth Collection’s chapter 7 bankruptcy filing.  Additionally, unless the bankruptcy filing  was an involuntary bankruptcy filing, the company could have delayed their bankruptcy filing  by 90 days, to have prevented the bankruptcy trustee's preference actions against the stylists. For this reason, whenever we advise a company to consider filing for chapter 7 bankruptcy, we discuss preference issues with management and the owners, review bank statements, and check registers for preference issues.  Individuals or businesses with preferences can contact Jim Shenwick, Esq., for a consultation.   Jim Shenwick, Esq. 917 363 3391  jshenwick@gmail.com We help individuals and companies with too much debt!      

Paying Your Mortgage with Money Orders is a Bad Idea Handing somebody a money order to buy a car or something–that’s sometimes safer than cash.  But mailing a money order to pay your mortgage–that’s almost always a bad idea. Let me tell you about Norman.  Norman filed Chapter 13 bankruptcy with different lawyer.  He later […] The post Paying Your Mortgage with Money Order is a Bad Idea by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

Paying Your Mortgage with Money Orders is a Bad Idea Handing somebody a money order to buy a car or something–that’s sometimes safer than cash.  But mailing a money order to pay your mortgage–that’s almost always a bad idea. Let me tell you about Norman.  Norman filed Chapter 13 bankruptcy with different lawyer.  He later […] The post Paying Your Mortgage with Money Order is a Bad Idea by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.