Posts tagged with: "13"
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26 Sep 2011, 1:16 am by Norma Duenas
Student loan repayments can be overwhelming, especially when the monthly payment looks more like a mortgage payment. Many people who are graduating from school are finding themselves with huge student loans, and in jobs that do not offer enough income to meet their necessities and also cover the monthly student loan payments. Although there are [...] [read post]
29 Jul 2012, 5:13 pm by Russ DeMott
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Once we decide a Chapter 13 bankruptcy is in your best interest, the next question you’ll probably ask is, “how much will my Chapter 13 payment be?”  That’s understandable. You’ll be in Chapter 13 for three to five (and usually five) years. You want to know how [...] Related posts: Chapter 7 Bankruptcy: The Means Test (Part One) Bankruptcy and Your 401(k) Loan The Bankruptcy Means Test (Part Two) [read post]
29 Jul 2012, 5:13 pm by Russ DeMott
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Once we decide a Chapter 13 bankruptcy is in our client’s best interest, the next question from the client is usually, “how much will my Chapter 13 payment be?”  That’s understandable. You’ll be in Chapter 13 for three to five (and usually five) years. You want to [...] Related posts: Chapter 7 Bankruptcy: The Means Test (Part One) Chapter 13 Bankruptcy: Should You Buy a Car Prior to Filing? Means Test Car… [read post]
29 Jul 2012, 5:13 pm by Russ DeMott
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Once we decide a Chapter 13 bankruptcy is in our client’s best interest, the next question from the client is usually, “how much will my Chapter 13 payment be?”  That’s understandable. You’ll be in Chapter 13 for three to five (and usually five) years. You want to [...] Related posts: Chapter 7 Bankruptcy: The Means Test (Part One) Chapter 13 Bankruptcy: Should You Buy a Car Prior to Filing? Means Test Car… [read post]
29 Jul 2012, 5:13 pm by Russ DeMott
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Once we decide a Chapter 13 bankruptcy is in our client’s best interest, the next question from the client is usually, “how much will my Chapter 13 payment be?”  That’s understandable. You’ll be in Chapter 13 for three to five (and usually five) years. You want to [...] Related posts: Chapter 7 Bankruptcy: The Means Test (Part One) Chapter 13 Bankruptcy: Should You Buy a Car Prior to Filing? Means Test Car… [read post]
22C EXPENSE NOT PERMITTED ON SURRENDERED COLLATERAL In re Miller, Case No. 07-22927 December 2008, Judge Somers This decision ties to the concepts enunciated in the various Lanning decisions, i.e., to what extent may post petition changes in circumstances be considered in determining what is to be paid by an above the line debtor. Digest by Jan Hamilton, Trustee. Related posts:Means [...] Related posts: Means Test Form Controls Unless Significant Changes in Circumstances Deviation from Bankruptcy… [read post]
Chapter 13 bankruptcy debtors are responsible for making their plan payments to the trustee. No excuses. This is true even if your payments are supposed to be deducted from your paycheck. If no deduction is taken out of your check or if your employer does not remit the money to the trustee, you are still responsible [...] Related posts: New Rule: Chapter 13 Mortgage Payments Through Trustee New Address for KCK Chapter 13 Payments My Chapter 13 Bankruptcy Is Filed, Now What? [read post]
22 Dec 2009, 7:39 pm
PLAN MAY NOT PROPOSE EARLY PAYOFF BUT 1329 MAY ALLOW POST CONFIRMATION MODIFICATION In re Kidd, et al, Case No. 06-41232 August 2007, Judge Karlin The Court recognized changes in 1324(b)(4) and held that debtors may not propose an early pay off but may obtain the same in the right circumstances via 1329. Digest by: Jan Hamilton, Trustee [read post]
11 Oct 2012, 2:47 pm by Norma Duenas
If you are behind in your support payments, you owe a very special kind of debt. It may surprise you to hear that even this debt can be tamed through bankruptcy. California Law Enables Your Ex-Spouse to be Extremely Aggressive Your ex-spouse, or a support enforcement agency helping him or her, has very powerful means [...] [read post]
8 Mar 2013, 9:19 pm by admin
Many people are being faced with the horrible experience of receiving a foreclosure notice. It must be devastating and so your heart pounds in your chest, beads of sweat develop on your forehead and your hands start to shake. All this emotion and yet you knew it was coming. Knowing but not really understanding what to expect.  Many people I’ve found are in denial, rejecting the possibility anything bad will happen at all. Then you see an… [read post]
26 Jul 2011, 10:04 am
I'm glad you asked, Insolvency Breath! Chapter 13 is the most exclusive kind of bankruptcy. It is only available to actual human beings, who have "regular income", and who have debts below a statutory threshold. And since the Dodgers Baseball Team is not a "person" for bankruptcy definitional purposes, and since it's far above the threshold for bankruptcy cases, the Dodgers couldn't possibly file a Chapter 13 Bankruptcy. You can read all about it at 11 USC 109! [read post]
6 Jul 2012, 1:25 pm by fcoxwell
Filing Chapter 13 bankruptcy can be used to pay past due support over an extended period of time (max of 5 years within a single Chapter 13 plan) and yes, it can protect the debtor from going to jail for previously failing to pay what was due.  It’s important to note that you cannot discharge (wipe out) in any type of bankruptcy (Chapter 7, Chapter 11, Chapter 12, Chapter 13, etc) debts relating to child support, maintenance, alimony, and other domestic support obligations.  Not only will the… [read post]
19 Apr 2013, 1:26 pm by Norma Duenas
Coincidentally, two different sets of legal changes both became effective on April 1, 2013. One set of changes was to the state-by-state “median income” amounts. These affect whether or not you would qualify to file a Chapter 7 “straight bankruptcy” case, and also how long you would have to pay into a Chapter 13 “adjustment [...]The post Two Important Sets of Changes to Bankruptcy Dollar Amounts Just Went into Effect appeared first on California Bankruptcy Blog. [read post]
21 Apr 2013, 10:03 am by Norma Duenas
Coincidentally, two different sets of legal changes both became effective on April 1, 2013. One set of changes was to the state-by-state “median income” amounts. These affect whether or not you would qualify to file a Chapter 7 “straight bankruptcy” case, and also how long you would have to pay into a Chapter 13 “adjustment [...]The post Two Important Sets of Changes to Bankruptcy Dollar Amounts Just Went into Effect appeared first on California Bankruptcy Blog. [read post]
8 Mar 2013, 9:22 pm by admin
Filing for bankruptcy for many is the most difficult decision they will ever have to make.  It is something completely foreign and new to them.  Due to the fact that bankruptcy has such a stigma many people don’t discuss it and don’t really understand what bankruptcy is all about.  If you take the step in the direction of bankruptcy remember that if you are in a Chapter 13 you will need Court approval for certain things. This does not mean that you are not… [read post]
17 Apr 2013, 8:07 pm by Thomas McAvity
Until very recently Chapter 13 bankruptcy trustees in both Oregon and Washington would often object to Chapter 13 plans containing proposals to pay off “luxury items,” such as RVs, boats, high end motorcycles and the like in full while paying little or nothing to unsecured creditors. Trustees would describe such such plans as being made in “bad faith” because the money allocated to paying off a debtor’s big ticket items could have been used to pay more towards the pool… [read post]
8 Mar 2013, 9:16 pm by admin
When considering bankruptcy as a solution for your unmanageable expenses, it is important that you realize bankruptcy, Chapter 13  is supposed to alleviate the financial strain you are currently in.  You should leave your attorney’s office in a better position than when you walked in.  When considering to file Chapter 13,  it is essential that you take a step back and evaluate your financial position. Chapter 13 will not be a benefit to you and your… [read post]
7 Jul 2012, 1:31 am by fcoxwell
The “withholding, suspension, or restriction of a driver’s license, a professional or occupational license, or a recreational license, or the reporting of overdue support to a consumer reporting agency, or the interception of a tax refund” are actions that can be taken upon an individual as a penalty for failure to pay support.  These penalties are excepted from the Automatic Stay and can continue despite the initial filing for protection under bankruptcy. However, by filing a Chapter 13… [read post]
7 Jan 2012, 1:08 pm by Thomas McAvity
In the years after a Chapter 13 Plan is confirmed, circumstances, such as job loss, disability and long term illness, may arise that conspire to keep a debtor from completing the Chapter 13 Plan. When such situations arise, the debtor may request that the court to grant a “hardship discharge.” rather than force the debtor to complete an untenable plan. Normally a hardship discharge is available only where the following elements are present: 1.) The creditors have received at least as much as… [read post]
31 Mar 2012, 8:02 pm by michael
Bankruptcy Attorneys in Apache Junction   Bankruptcy attorneys in Apache Junction, Arizona are here to help individuals in need of debt relief in Mesa and Apache Junction, AZ.  Last year, More than 1.53 million Americans filed for bankruptcy  mainly because of a depressed housing market and long-termed high unemployment rates.  Arizona cities like Mesa, Apache Junction, Tucson, and Queen Creek weren’t able to escape the increasing bankruptcy rates as bankruptcy filing rates hit their highest… [read post]