Form 1099-C for Santa Clara California 2022-2025

Form 1099-C for Santa Clara California: What You Should Know

McBride.  (San Jose, CA)  The California Supreme Court has ruled that the trial court can override the bankruptcy judge's orders of the Bankruptcy Code and may in some cases require that a debtor take an extra payment before taking possession of his personal property, including vehicles, motorcycles, boats, and farm equipment. The court may also order a debtor to pay for the personal use of his boat or other personal property during the period of his bankruptcy. This provision has been called the “boatman clause.” The Bankruptcy Code provides: “After a bankruptcy is filed, and before the execution against the debtor is entered on the court's judgment, any judgment creditor may obtain a decree that a debtor may not: (a) Take possession of personal property or use personal property while the bankruptcy remains active. However, after the judgment is entered and the judgment is set for execution and the payment of the judgment debt has been made and the execution is issued, the personal property cannot be taken or used except as follows: (1) The personal property may be used by the debtor for a period of 5 years after his discharge from the estate or until he obtains a new judgment decree, whichever is longer. (2) Any judgment debt may be discharged pursuant to Article III or IV (commencing with Section 118400) of the Bankruptcy Code.” See Also: Chapter 8 Bankruptcy Cases: How the Court Rules — A Guide Mar 3, 2022. This information is provided as a public service of The National Bankruptcy Institute and is not a part of a professional practice. It is only available to the customer as part of the bankruptcy process. It is meant for informational and educational purposes.

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