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Eastern District Of Pennsylvania Bankruptcy

What Bankruptcy District Am I In

Pennsylvania courts Judgepedia

Your state and county of residence generally determine your bankruptcy district. Some states, such as New Jersey and Maryland, only have one judicial district. That makes it easy. On the other hand, states such as Pennsylvania and New York have multiple districts. So we must look to the county in addition to the state. Below, we will breakdown the bankruptcy districts for Pennsylvania, Maryland, New York, and New Jersey.

Knowing your bankruptcy district is important for determining where you should take your pre-filing course, where your bankruptcy petition should be filed, where your meeting of creditors will be held, and where any court appearances will be held. As a result, we analyze here the four states in which we have offices.

Business Master File Data

Below are some key data points from the Exempt Organization IRS Business Master File for this organization. Learn more about the BMF on the IRS website

Activities:

Discussion groups, forums, panels lectures, etc.

Foundation Status:

All organizations except 501

Affiliation:

Independent – the organization is an independent organization or an independent auxiliary .

What Are Pennsylvania Bankruptcy Exemptions

Bankruptcy exemptions allow debtors to hold on to certain property required to maintain a basic standard of living. Federal and state exemptions differ but generally protect assets to a specified degree. This protection prevents a trustee from liquidating certain assets to pay creditors.

Pennsylvania allows debtors to choose between federal and state bankruptcy exemptions. Debtors cannot choose both. Pennsylvania also states that persons filing for Bankruptcy must have resided in the state for at least 730 days to use the states exemptions. State law provides for the following exemptions:

Wild Card Exemption

Debtors can use the states wildcard exemption to protect personal property or cash. However, 42 Pa.C.S. § 8123 states that this exemption covers property and cash worth a maximum of $300. In contrast, the federal wildcard exemption allows up to $1,325 of any property.

Exemption of Particular Property

Under 42 Pa.C.S. § 8124 some property may be exempt in Pennsylvania. The law exempts the following properties in their full value:

  • Bibles and school books
  • Sewing machines owned by a seamstress or owned and used by a private family. This exemption does not include sewing machines for hire or sale

All unpaid wages, commissions, or salaries are exempt under 42 Pa.C.S. § 8127

Pensions and Retirement Accounts

Public Benefits

This includes veterans benefits, unemployment benefits, crime victims compensation, and workmans compensation

Insurance Benefits

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City Of Chester Pa Files For Bankruptcy Mainly Over 3 Underfunded Pension Plans

City of Chester, Pa., has filed a Chapter 9 bankruptcy petition due primarily to the extreme underfunding of its three pension plans.

Michael T. Doweary, receiver for the city since June 2020, filed the petition in bankruptcy court in the Eastern District of Pennsylvania in Philadelphia on Nov. 10, saying that the city lacks sufficient resources to pay its obligations.

The largest of those obligations is for the city’s three pension plans: the Police Pension Plan, the Paid Firemen’s Pension Plan and the Officers and Employees Pension Plan.

According to a declaration in support of the bankruptcy filed by Vijay Kapoor, president and owner of The Kapoor Company, who has served as Mr. Doweary’s chief of staff, the city has not made the minimum required contributions to the plans since 2013 and owes a total of $40 million in prior year contributions, which would represent about 69% of the city’s entire 2022 general budget. The city would also need to contribute an additional $87 million to fund the pension plans.

Mr. Kapoor noted the Police Pension Plan had only $4.6 million in assets as of Dec. 31 and did not note the asset sizes of the other plans.

In an earlier Receiver Recovery Plan from August 2020, Mr. Doweary said the police pension plan spends between $500,000 and $550,000 per month on monthly pension benefits to retirees.

Messrs. Doweary and Kapoor could not be immediately reached for comment.

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What Is The Downside Of Filing For Bankruptcy In Pennsylvania

11 best Miller v. Ettinger images on Pinterest

While it gives petitioners the opportunity for a fresh financial start, bankruptcy filings may also be detrimental to their financial future. The following are some disadvantages to filing for bankruptcy:

Damaged Credit Score

A bankruptcy filing substantially damages the petitioners credit score. This damage is also not short-lived and may remain for years.

High Interest Rates

As a direct consequence of a low credit score, interest rates skyrocket. Most types of debt, including personal loans and credit card allowances, become more difficult to pay back as interest rates rise above average.

Difficulty Obtaining Financial Aid

A low credit score makes it tedious to borrow money. Lenders are usually reluctant to offer credit facilities to persons who have previously filed for bankruptcy.

Employment Problems

Employers sometimes run credit checks on potential employees before presenting the qualified persons with job offers. In some specific cases, applicants that have filed for bankruptcy cannot receive certain licenses. Depending on the job, they may also be denied security clearances.

Debts May Linger

A bankruptcy filing does not immediately solve all financial problems. Unfortunately, filing a Chapter 7 bankruptcy to liquidate assets may have little to no effect on some non-dischargeable debts, including the following:

  • Alimony payments
  • Fines and penalties from criminal matters
  • Reaffirmed secured debt

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What Are The Other Types Of Bankruptcy In Pennsylvania

Pennsylvania also allows Chapter 12 bankruptcy filings for fishers and family farmers. Chapter 12 bankruptcy is similar to Chapter 11 as it also enables applicable businesses to repay and restructure their debt while the entity remains afloat. Examples of businesses in this category are horse farms, greenhouses, logging and timber outfits, etc. The following are eligibility requirements for Chapter 12 bankruptcy:

  • Total debts must not exceed $4,153,150 for farmers and $1,924,550 for fishing operations, as of 2020
  • At least half of the business’s annual income should be from fishing or farming
  • For farmers, farming operations must account for 50% of debt while fishing operations should make up 80% of debt for fishers

Data Sources: Irs Forms 990

The Form 990 is a document that nonprofit organizations file with the IRS annually. We leverage finance and accountability data from it to form Encompass ratings. .

Impact & Results

Not Currently Scored

EASTERN DISTRICT OF PENNSYLVANIA BANKRUPTCY CONFERENCE cannot currently be evaluated by our Impact & Results methodology because either it is eligible, but we have not yet received data we have not yet developed an algorithm to estimate its programmatic impact its programs are not direct services or it is not heavily reliant on contributions from individual donors.

Note: The absence of a score does not indicate a positive or negative assessment, it only indicates that we have not yet evaluated the organization.

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List Of Authorities For Question #1

11 U.S.C. § 542

Except as provided in subsection or of this section, an entity, other than a custodian, in possession, custody, or control, during the case, of property that the trustee may use, sell, or lease under section 363 of this title, or that the debtor may exempt under section 522 of this title, shall deliver to the trustee, and account for, such property or the value of such property, unless such property is of inconsequential value or benefit to the estate.

Except as provided in section 362 of this title, an entity that has neither actual notice nor actual knowledge of the commencement of the case concerning the debtor may transfer property of the estate, or pay a debt owing to the debtor, in good faith and other than in the manner specified in subsection of this section, to an entity other than the trustee, with the same effect as to the entity making such transfer or payment as if the case under this title concerning the debtor had not been commenced.

Subject to any applicable privilege, after notice and a hearing, the court may order an attorney, accountant, or other person that holds recorded information, including books, documents, records, and papers, relating to the debtors property or financial affairs, to turn over or disclose such recorded information to the trustee

11 U.S.C. § 362

the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title

Courts Analysis

How Do I Find Out If My Bankruptcy Case Is Closed In Pennsylvania

In re Clark Case Brief Summary | Law Case Explained

In Pennsylvania, the closing of a bankruptcy case means that the debtor has completed all actions, paid back all debts, and the court decides to close the case. Individuals who wish to inquire about their bankruptcy filing status can do so using any of the methods mentioned above, including PACER, McVCIS, or in-person with the clerk of court. If attorneys are involved in the case, the debtor can request this information from them.

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Eastern District Of Pennsylvania

Welcome to the United States Attorney’s OfficeEastern District of Pennsylvania

The United States Attorney’s Office for the Eastern District of Pennsylvania is responsible for one of the Nation’s largest districts covering about 4,700 square miles with over five million people residing within its nine counties. The District is unique in its diversity, evident not only in its environment but also in its population. From a large metropolitan city to country farm to mountain town, the Eastern District of Pennsylvania represents a microcosm of the Nation. Cultures from all parts of the world have migrated to this region and have established themselves as members of a Pennsylvania community.

With Philadelphia assigned as one of ten regional centers for federal agencies, federal resources within the District are abundant. As one of the Nation’s largest, the District Court has 37 sitting judges, 5 bankruptcy court judges and 11 magistrate judges. The U.S. Court of Appeals for the Third Circuit, with 19 judges, is also located within the federal courthouse in the city. In addition to its historical sites, Philadelphia is home to major Department of Defense buying commands, a bulk mail center, an Internal Revenue Service regional return center, and many other facilities.

Series Title List Pennsylvania

U.S. District Court for the District of Pennsylvania. 9/24/1789-4/20/1818

Series: Bankruptcy Act of 1800 Case Files, 1800-1803, Textual National Archives Identifier: 566750

U.S. District Court for the Eastern District of Pennsylvania. 4/20/1818-3/3/1901

Series: Bankruptcy Act of 1841 Case Files, 1842-1843, Textual National Archives Identifier: 569890

Series: Bankruptcy Act of 1867 Case Files, 1867-1878, Textual National Archives Identifier: 562747

U.S. District Court for the Eastern District of Pennsylvania. Philadelphia Term. 3/3/1901-

Series: Bankruptcy Act of 1898 Case Files, 1898-1970, Textual National Archives Identifier: 563314

U.S. District Court for the Middle District of Pennsylvania. Scranton Term. 3/2/1901-

Series: Bankruptcy Act of 1898 Case Files, 1901-1953, Textual National Archives Identifier: 563316

U.S. District Court for the Middle District of Pennsylvania. Wilkes-Barre Term. 5/13/1936-

Series: Bankruptcy Act of 1898 Case Files, 1/1/1959-12/31/1968, Textual National Archives Identifier: 66957031

U.S. District Court for the Western District of Pennsylvania. Erie Term. 7/28/1866-

Series: Bankruptcy Act of 1898 Case Files Transferred to the Pittsburgh Division, 1972-1976, Textual National Archives Identifier: 2838956

U.S. District Court for the Western District of Pennsylvania. Pittsburgh Term. 5/26/1824-

Series: Bankruptcy Act of 1841 Case Files, 1842-1843, Textual National Archives Identifier: 820113

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Citing Resources In The Web Archive

Citations should indicate: Archived in the Library of Congress Web Archives at www.loc.gov. When citing a particular website include the archived website’s Citation ID . Researchers are advised to follow standard citation guidelines for websites, pages, and articles. Researchers are reminded that many of the materials in this web archive are copyrighted and that citations must credit the authors/creators and publishers of the works. For guidance about compiling full citations consult Citing Primary Sources.

List Of Authorities For Question #2

Federal District Court Map California

11 U.S.C. § 108

If applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period within which the debtor may commence an action, and such period has not expired before the date of the filing of the petition, the trustee may commence such action only before the later of

the end of such period, including any suspension of such period occurring on or after the commencement of the case or

two years after the order for relief.

Except as provided in subsection of this section, if applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period within which the debtor or an individual protected under section 1201 or 1301 of this title may file any pleading, demand, notice, or proof of claim or loss, cure a default, or perform any other similar act, and such period has not expired before the date of the filing of the petition, the trustee may only file, cure, or perform, as the case may be, before the later of

the end of such period, including any suspension of such period occurring on or after the commencement of the case or

60 days after the order for relief.

Counties Contracting & Constr. Co. v. Constitutional Life Ins. Co., 855 F.2d 1054

Factual Background
Courts Analysis

In re Hric, 208 B.R. 21

Factual Background
Courts Analysis

In re Global Outreach, S.A., 2009 Bankr. LEXIS 993

Factual Background
Courts Analysis

In re 1075 Yukon LLC, 590 B.R. 527

Factual Background

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Are Bankruptcy Records Public Information

Yes, bankruptcy records are public information. Per The Pennsylvania Sunshine Act, 65 Pa. C.S. §§ 701-716, any member of the public can access another person’s bankruptcy records unless the court has sealed the case. There are three basic methods to access bankruptcy records in Pennsylvania: PACER, McVCIS, or in-person with the court clerk. PACER provides electronic records and paper records and charges a fee per document. McVCIS is entirely free, but there are no documents provided to view the information is spoken. To obtain certified physical copies of bankruptcy records, parties should visit the court clerk and submit a request.

Record seekers may also obtain bankruptcy records from third-party websites. These non-governmental data platforms often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because theyre independent of government sources. Most third-party sites require some information to process a search. Record seekers may need to provide:

  • A bankruptcy case number
  • The name of the debtor on record

What Is Chapter 13 Bankruptcy In Pennsylvania

A Chapter 13 bankruptcy filing allows the repayment of some debt so that others become discharged. Under this type of bankruptcy, eligible persons may create a repayment plan spanning three to five years to resolve all debt. This plan works by channeling disposable income towards debt reduction. Persons who have problems meeting creditors demands may file for Chapter 13 bankruptcy if the difficulty does not stem from a lack of income.

Eligibility for Chapter 13 depends on the amount of debt owed. As of 2021, the Chapter 13 bankruptcy debt limit was increased to $419,275 for unsecured debts and $1,257,850 for secured debts. The petitioner must submit a reorganization plan, similar to Chapter 11, which protects against foreclosure or repossession. In addition to this, the debtor must have a stable income that supports the repayment plan.

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What Are Pennsylvania Bankruptcy Records

Bankruptcy records are the official government documentation of bankruptcy filings. In Pennsylvania, all documents organized in a bankruptcy case are available for viewing by members of the public. Bankruptcy records typically comprise the initial bankruptcy claim, dates of each action, details regarding creditors, and the amount of debt owed. If a party is in debt and cannot pay creditors, they may submit a bankruptcy claim to the federal bankruptcy court. Depending on the type of bankruptcy a party claims, bankruptcy can involve payment plans, asset liquidation, and foreclosure. The federal courts that handle bankruptcy cases in Pennsylvania are:

  • Status and outcome of the case

Are Pennsylvania Bankruptcy Records Public

Order for Motion of Unclaimed Funds- ED of Virginia-Bankruptcy Court

Except for confidential details such as a social security number, Pennsylvania bankruptcy records are public records. According to 11 U.S.C. § 107, all court dockets and papers filed under a bankruptcy case are considered public. The law states that interested persons may examine records at reasonable times without charge.

However, a party of interest in a Pennsylvania bankruptcy case may file a request to make some information exempt from public disclosure. This information may include:

  • Confidential research or development
  • Details of persons related to defamatory or scandalous matters

A Pennsylvania bankruptcy court may also protect information that could cause undue risk of identity theft or other injury to a person or property. However, all parties should note that the police and other regulatory domestic governmental units may access protected information upon filing an ex parte application that demonstrates cause. In addition, §107 states that a bankruptcy administrator, auditor, trustee, or United States trustee may gain full access to bankruptcy records.

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How To Find Pennsylvania Bankruptcy Records

Members of the public may obtain Pennsylvania bankruptcy records using the following methods:

  • Online access via the Public Access to Court Electronic Records platform
  • Phone access using the Multi-Court Voice Case Information System
  • In-person access at the Clerks Office
  • Mail requests sent to the Clerks Office

PACER

The federal judiciary of the United States provides the PACER system for public online access to federal court records. To find Pennsylvania bankruptcy records on PACER, interested persons must complete a registration form on the website. Depending on available information, requestors may search a specific federal court or search a nationwide index of federal court cases.

Information obtainable on PACER costs 10 cents per page. For instance, searching a debtors name with three result pages costs 30 cents. A single document costs $3 with access to 30 pages. This access provides requestors with information such as a docket report, claims register, and a creditor listing. All persons should note that users are still charged the per-page fee if the inputted information yields no results. The PACER fee schedule also describes charges for audio files and other service center fees. Charges are waived for account holders whose search activity costs a maximum of $30 in a quarter.

McVCIS

Mail and In-Person Requests

Phone: 533-4246

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