Category Archives: chapter 13

chapter 13 issues

“K”: Dangers of borrowing against 401k plans

What are some of the dangers of borrowing against your 401k or retirement plans? How does this affect your ability to file for bankruptcy protection?

H is for House and How to Keep it in Bankruptcy

Your House: Can you keep it in bankruptcy? And if so, what other options are available? How to calculate equity.

Bankruptcy Filing Fee Increase

bankruptcy filing fees are increasing November 1, 2011

How Do I Know Which Debts Were Discharged In Bankruptcy?

Once you get to the promised land in a bankruptcy case–the date your discharge is granted–there is frequently confusion among many as to which of their debts were in fact discharged.   The confusion stems from expectations that there is some official specific ruling as to each debt.   That would be nice, but it’s not the…

Chapter 7 Qualifications: Credit Card and Student Loan Payments Don’t Count

Credit card and student loan payments do not factor in to the analysis for determining Chapter 7 eligibility.  It seems not a day goes by that I’m not trying to explain to a potential client why their payments to debts owed to unsecured creditors do not count in their budget in determining eligibility to file…

Bankruptcy Doesn’t Affect Co-Signers’ Obligations

The bankruptcy of one party does not affect the liability of another party, whether they be a co-signer or co-obligor on the debts. Bankruptcy discharges the obligation to pay on a debt; it does not eliminate the debt itself.

Failure to File Financial Management Course Form 23 in Bankruptcy

Reopening your case if your bankruptcy case is closed without discharge due to failure to file the required Financial management course certificate.

Automatic Stay in Bankruptcy: BAP Clarifies Scope

The 9th circuit BAP recently clarified the scope of the automatic stay relating to increasing mortgage escrow payments after a bankruptcy case is filed.

Bankruptcy: Waiting Too Long to File Your Case

Waiting too long to file bankruptcy can have dire consequences.

What if you forget to list a creditor in your bankruptcy?

what happens if you accidentally omit a creditor from your bankruptcy filing?