When an insurance policy pays a damage claim for a totaled car that is involved to a chapter 13, the bankruptcy trustee is required to hold excess money over the amount of the lender’s secured claim according to In re Feher, Southern District of Illinois case Bankruptcy Number 95-30444, Adversary Number 96-3133.  Consequently, the money [...]

In the Southern District of Illinois Bankruptcy Court, one option permits the insurance company to pay the money directly to the car lender.  Another option lets the debtor use the proceeds to purchase a substitute vehicle.
The insurance money is property of the bankruptcy estate under contractual terms that make the money payable to the debtor, [...]

GM Investors holding credit default swaps [CDS] may get a better return on their investment if GM files what would be history’s 4th largest bankruptcy.  A credit default swap is a derivative contract between two parties where one party pays the other party a fee and receives a payoff if the specified investment fails.  It [...]

You must request a discharge in Chapter 13 and certify your eligibility for that discharge or your case will be closed and your debts will remain collectable.
Your Chapter 13 Trustee will report when you have finished making your Plan payments.  You then have 20 days to file a Motion, under Section 1328 and Rule 2002f asking the [...]

Consumers in Utah filed bankruptcy in the first three months of 2009 at a rate 56% higher than the previous year.  The bulk of filings, 1395 in March, represent a 73% jump over March 2008 filings.  US Bankruptcy Clerk David Sime told Salt Lake City’s Deseret News it was the biggest increase seen in a [...]

The majority of courts that have considered the issue have found attorneys are debt relief agencies under the Bankruptcy Abuse Prevention and Consumer Protection Act.  Being a debt relief agency requires compliance by bankruptcy attorneys with Sections 342 and 527.  There are four debt relief agency notices a bankruptcy attorney must give a new client.  [...]

Debtors filing bankruptcy are required to disclose money paid to anyone, including attorneys, for debt consolidation, bankruptcy relief or petition preparation within one year before filing.  This disclosure occurs on the Statement of Financial Affairs at question number 9.  The question covers payments to debt relief or debt reduction companies, regardless of whether the effort [...]

A Bankruptcy Lawyer is required to inform the Court of how much money debtor has paid or will pay in attorney fees in contemplation of or in connection with a bankruptcy case.  The Disclosure of Compensation form is filed,  and signed by the attorney not by the debtor, in every case to identify payment received [...]

Illinois Bankruptcy Lawyer Andy Miofsky says, “A lack of income will be fatal to most chapter 13 cases.  If you are unable to fund your existing plan, that plan will no longer work.  You have six basic choices, some of which might offer assistance, while others will not solve the problem.”
First, you can ask the court to temporarily [...]

“No, you are required to include all of your debt, including credit cards, when you file bankruptcy”, says Illinois Bankruptcy Attorney Andy Miofsky.  Some clients ask whether they have to list one or two of their favorite credit cards.  They want to know whether they can keep using those cards after they file.  That does not work [...]