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Archive for February 10th, 2008

I’m Still Being Collected Upon By A Discharged Debt. Now What? »

Collecting upon a discharged debt is a violation of the Discharge Injunction under 11 USC 524. In the Ninth Circuit, it is punishable by contempt. In the Southern District of California Bankruptcy Court, up until this last week, a lawsuit, called an Adversary Proceeding, could be filed in the Bankruptcy Court to sue the [...]

The Ninth Circuit BAP Has Ruled No More Ride Thru »

On February 6, 2008, the Ninth Circuit Bankruptcy Appellate Panel issued its ruling confirming the Bankruptcy Courts decision that Ride Thru no longer exists as a result of the new Bankruptcy Laws that went into effect on October 17, 2005. So what does this mean?
If you liked that post, then try these…New Median Income and [...]

Can a Vehicle Lender Refuse to Reaffirm My Loan? »

Can a car lender refuse to reaffirm?  I received this question from a Utah reader of my Atlanta Bankruptcy blog:
We had our car loans lumped together into one loan for both cars. Both vehicles are worth about 14,000 together and we only owe 6,500. If we’re filing a chapter 7 will the bank try to [...]

What Is The Difference Between A Chapter 7 And A Chapter 13 For Consumers? »

Last year, my friend and colleague, Susanne Robicsek, wrote a great comment on the different types of bankruptcies. Susanne covered all the types of bankruptcies, but what I want to do is outline the basic pros and cons between a Chapter 7 and a Chapter 13.
First of all, a chapter 7 is the basic, so-called [...]

Means Test: Don’t Give Up, Even If You Think You’ve Flunked It, Part 11 »

Having an expense account means that money you spend in the course of your employment is returned to you by your employer.  That’s a sensible business move that keeps an employee happy — usually.  However, expense account reimbursements can create a problem for someone filing bankruptcy, because the U.S. Trustee considers such payments as being “income” [...]