chapter 13
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 [...]
Can You Only Bankrupt Certain Debts and Keep Others?
Wednesday, July 2nd, 2008Whether you can discharge (bankrupt) specific debts and keep others is a question that over the years I get asked repeatedly. Actually, strangely enough, clients don’t ask it as a question. They state it as if it were completely possible. “I want to get rid of my large debts and keep the [...]
The Warning Signs of Bankruptcy
Wednesday, July 2nd, 2008Since the vast majority of people who seek to file bankruptcy wait too long before obtaining legal advice, it is important to know what some of the warning signs are that should prompt one to at least have a consultation with a qualified bankruptcy attorney.
The following are some guidelines set forth by the Association of [...]
How Much Will This Chapter 13 Cost You?
Saturday, June 28th, 2008I often get asked this important question by concerned potential clients. It is very difficult, if not impossible, to answer how much the attorneys fees for any bankruptcy will be before having a consultation and getting all the relevant information. It’s even more difficult to do in a Chapter 13 bankruptcy case.
Why?
Let’s [...]
Ninth Circuit Rules that Means Test Controls Chapter 13 Plan Length and Payment
Friday, June 27th, 2008Earlier this month, the Ninth Circuit Court of Appeals in Maney v. Kagenveama (In re Kagenveama), 527 F.3d 990 (9th Cir. June 2008) held that where an above-median chapter 13 debtor has negative “disposable income” per the means test but a monthly surplus per schedules I and J, the debtor is NOT [...]
Bankruptcy Can Remove Liens Against Your Home
Wednesday, June 25th, 2008Under certain circumstances, in California, junior liens (deeds of trust) can be removed from your home in a Chapter 13 bankruptcy case. This is known as “lien-stripping.” The way it works is: If the fair market value of your home is less than the amount owed on your first mortgage, you [...]