January 2008

When Your Chapter 13 Is Finished

by Dana Wilkinson, Attorney at Law

Completing a Chapter 13 Plan is quite an accomplishment for anyone, and it’s something to be proud of, no matter the circumstances. I recently discovered that one of my clients had not only completed her Chapter 13 Plan payments (which totaled more than $1000 per month for 60 months) but that she had never been [...]

Means Test: Don’t Give Up, Even If You Think You’ve Flunked It, Part 10

by Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

Child support you receive is counted as income for purposes of the “means test” in both chapter 7 and chapter 13 cases.  In a chapter 7 case, there is little that can be done if the inclusion of child support income causes your means test income figures to become too high to file under that chapter.  [...]

It’s Confirmed, Foreclosures Are Up!

by Eugene S. Melchionne, Connecticut Bankruptcy Lawyer

Like the news media, statisticians are catching up to what we all have known for months: The number of new foreclosures filed in that last 12 months have increased nationally by at least 75%. In the State of Connecticut, that number is 100% meaning that new cases have doubled and in the inner cities, that [...]

If you crank up your computer this morning to the MSN homepage, you see a featured article called “facing foreclosure – 9 options” written by MSN’s money writer Liz Pulliam Weston. Her 9 options include: Make a budget; consider getting help; check your refinance options; be realistic; get organized. And if a loan modification or [...]

Mortgage Modification Bill: Mortgage Bankers Don’t Get It

by Wendell Sherk, Missouri Bankruptcy Attorney

Pending bankruptcy legislation would allow bankruptcy judges to modify mortgages in Chapter 13 in order to slow down the foreclosure crisis in this country. Mortgage bankers oppose the bills even though it could ultimately benefit their industry. Today, they rolled out former Republican Congressman Dick Armey in the Wall Street Journal to attack former Republican [...]

No lingering liability among ex-spouses

by Cathy Moran, California Bankruptcy Lawyer

Marriage, or a former marriage, does not make one spouse personally liable for the debts incurred by the other. Yet I’ve had a round of clients reporting that debt collectors have told them “it’s the law” that they are responsible for the debts of an ex. Not so, in California anyway. Californians seem to be [...]