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Ask For A Discharge After Making Last Chapter 13 Payment »

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 [...]

Statistics: Utah sees 56% increase in bankruptcy »

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 [...]

Practice Tip: Debt Relief Agency Notices »

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.  [...]

Disclose Debt Relief Payments And Attorney Fees On SOFA 9 »

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 [...]

Disclose Attorney Fees in Bankruptcy – Show Me The Money »

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 [...]

I Lost My Job and Cannot Make My Chapter 13 Payment »

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 [...]

Can I Keep My Favorite Credit Cards Off My Bankruptcy? »

“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 [...]

Practice Tip: Include Proof of Insurance on Schedules »

Lenders typically hire an attorney to send debtors a letter demanding proof of insurance coverage on houses and vehicles that secure debt.  Just about every written loan contains boilerplate language requiring the borrower to provide and maintain insurance protection over the collateral.  These letters threaten the debtor with a motion to lift the automatic stay [...]

May A Debt Collector Call My Neighbors »

A debt collector governed by the Fair Debt Collection Practices Act, 15 U.S.C. 1692, may only contact another person once to obtain location information about the person owing the debt, unless the contacted person expressly requests to be contacted or unless the debt collector reasonably believes the earlier response is erroneous or incomplete and the [...]

When Can A Debt Collector Call Me »

A debt collector governed by the Fair Debt Collection Practices Act, Title 15 U.S.C. 1692, can call you whenever you give permission to be called.  Otherwise, a debt collector may not call at a known inconvenient time.  A debt collector may assume it is convenient to call after 8 am and before 9 pm at your local time, [...]