Attorney At Law
Robert J. Spitz
204 North
San Antonio Avenue
Ontario, CA
91762
909.395.0909
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Proud
member of:
American
Bar Associations
State Bar of California
Association of Trial
Lawyers
of America
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| Bankruptcy
Law Primer |
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The
Law and It's Language
Bankruptcy in the United States seeks to benefit
both debtors and creditors by seeing that debtors
get relief from debts they can't pay, and that
creditors get paid from whatever assets the
debtor does not need to live going forward.
The presumption in favor of relief for the debtor
has been hedged by the provisions of the 2005
amendments to the Bankruptcy Code, which introduce
a means test to determine who is eligible for
the most expansive relief.
Bankruptcy is governed by
the federal law found in Title 11 of the United
States Code. As federal law, it supercedes
any conflicting state law by reason of the
Supremacy Clause of the Constitution. With
the exception of exemptions, it is the same
from state to state.Bankruptcy cases are governed
by the law that was in effect when a case
was filed. Cases filed before 10/17/05 are
controlled by the law prior to the 2005 Amendments.
The amended law applies to cases filed on
or after that date.
Bankruptcy Chapters
There are four kinds of bankruptcy proceedings.
They are referred to by the chapter of
the federal Bankruptcy Code that describes
them.
CONTINUE
BANKRUPTCY PRIMER>>>
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| Note:
Robert Spitz is unable to respond to any questions
or inquiries by phone, fax, letter, or email
from individuals who are not existing clients.
Mr. Spitz offers Free Consultation for approved
contingency fee cases and Probates. Please contact
the office to schedule an appointment. |
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