chapter 13
« Previous EntriesWhat if you forget to list a creditor in your bankruptcy?
Wednesday, September 23rd, 2009what happens if you accidentally omit a creditor from your bankruptcy filing?
Does Filing CH. 13 Bypass the Means Test?
Wednesday, September 16th, 2009Does filing Chapter 13 instead of Chapter 7 alleviate the requirement of the means test?
Are Student Loans Counted as Part of Chapter 13 Debt Limits?
Wednesday, August 26th, 2009An individual can file a Chapter 13 case if they have noncontingent, liquidated unsecured debts LESS than $336,900 and noncontingent, liquidate secured debts of LESS than $1,010,650. (these amounts are adjusted every few years)
Student loan debt, as with ANY debt, factors into the debt limits for Chapter 13 under 11 USC 109(e).
A client [...]
Attorneys Fees Awarded in Divorce: Are they Dischargeable?
Wednesday, April 22nd, 2009Are attorney’s fees awarded in a divorce dischargeable in a bankruptcy case?
New Bankruptcy Mortgage Modification Dropped
Thursday, April 9th, 2009The new bankruptcy mortgage modification plan has been, or is expected to shortly be, dropped from its agenda.
Debt Consolidation or Bankruptcy: Which is Better?
Wednesday, February 4th, 2009One of the most frequent questions bankruptcy attorneys are asked by potential clients is whether they should file bankruptcy, or use a debt consolidation company to make payments towards their debts. For those lucky debtors who qualify for Chapter 7 (which requires no repayment of debts but allows in most cases for discharge of all [...]
SB 61: Eliminate Mortgage Liens in Chapter 13
Friday, January 30th, 2009On January 6, 2009, Senator Dick Durbin (D, IL) introduced Senate Bill 61 called the “Helping Families Save Their Homes in Bankruptcy Act of 2009.” The bill has several provisions, which can be analyzed by following the above link, but the main purpose of the bill is to allow homeowners in a Chapter 13 bankruptcy [...]
Get things in writing and get receipts
Wednesday, November 26th, 2008If there’s one thing lawyers in general repeatedly see from their clients–in any field of law–it’s the lack of proof or evidence necessary to properly represent them or assist in solving their problems. This is as true for a contracts attorney whose client insists is the victim of a breach of an oral contract [...]
How much debt do you need to go bankrupt?
Tuesday, July 8th, 2008A question I have been repeatedly asked over the years from my potential bankruptcy clients is: How much debt do they need before they can declare bankruptcy? I have found that this question has different intent and meaning to different people. For example, some people think that there actually is a minimum [...]
Discharging consolidated debts in bankruptcy
Sunday, July 6th, 2008Another frequent question I get from potential clients is whether debts that they are making payments on as part of a “debt consolidation” program are dischargeable in a bankruptcy case. In fact, I’ve had numerous people think that those aren’t even debts anymore, once they are in a repayment program, or that [...]
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