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Archive for October, 2009

Median Family Income For Louisiana Changes! »

A change in the Median Family Income used to determine eligibility to file a bankruptcy changes on November 1, 2009.
The Median Family Income for Louisiana beginning November 1, 2009 is as follows:
One Person:       $37,464.00
Two Persons:     $48,287.00
Three Persons:  $53,461.00
Four Persons:    $66,256.00
For each additional person in the household and additional $6,900.00 is allowed.

Is Church Tithing Allowed in Bankruptcy? »

Sections 707(b)(2) and 1325(b) of the bankruptcy code allow a chapter 7 or chapter 13 debtor to claim an expense for charitable contributions, including tithing to a religious organization.  This has the possible effect of allowing a debtor to qualify more easily for chapter 7, or allowing a chapter 13 debtor to pay less money [...]

Beware of Refinancing and Bankruptcy »

Refinancing can be a fraudulent transfer in bankruptcy

If I don't pay my debt, can I go to jail in Texas? »

NO!  Despite what a bill collector may tell you.  You will not be arrested or placed in jail for non-payment of a debt.  If a debt collector tells you that you can be, contact a lawyer immediately as that bill collector has violated the Fair Debt Collection Practices Act (FDCPA).

How Does A Chapter 13 Bankruptcy Trustee Get Paid? »

A Chapter 13 is a bankruptcy reorganization for individuals–a payment plan, in other words.  The bankruptcy court appoints a trustee (there are standing trustees who serve that function in each district) and the trustee collects payments from debtors, and distributes that money to creditors. So, how does the Chapter 13 trustee get paid?
The Chapter 13 [...]

Rhode Island Court Endorses Hybrid Plans »

Rhode Island Bankruptcy Court gives key support to certain mortgage modifications.

Tell the Truth in Bankruptcy »

Be sure to tell the truth, the whole truth and nothing but, when it comes to advising your attorney about your financial picture.
When meeting or speaking with your attorney you will often be asked a number of questions. Each question asked by your attorney, is being asked because it is relevant to your bankruptcy case, [...]

Individual Chapter 11 fact: You can always cram down your car »

In Chapter 13, if you want to retain your vehicle, you cannot alter the principle amount owed on the vehicle if you bought it within 910 days of the filing of the bankruptcy petition.   This is notoriously known as the “hanging paragraph” of Bankruptcy Code § 1325(a).
However, as Jacksonville Chapter 11 attorney Brett Mearkle explains, [...]

I Can’t Make It to My Creditors Meeting — Now What Do I Do? »

There really are few reasons which are good enough to justify rescheduling a bankruptcy meeting of creditors (or section 341(a) meeting).  After all, the bankruptcy filing amounts to “making a federal case out of things,” and it just doesn’t seem right for the debtor to fail to make room in his or her schedule to [...]

What are avoidance powers in bankruptcy? »

Bankruptcy relief accomplishes three main goals: i) for the debtor, provides the necessary “breathing room” to propose a debt adjustment plan or reorganization plan; ii) for the debtor’s creditors, ensuring property of the estate (which includes wages earned post-petition) is distributed in accordance with priorities set forth under the Bankruptcy Code; and iii) preservation and [...]