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Can I File Blank Bankruptcy Forms To Start My Case? »

When you file for bankruptcy you are required to file certain documents - your bankruptcy petition, bankruptcy schedules, and a host of other papers. These papers must all be completed accurately, honestly and completely.
You do not get the option of filing blank forms “just for now.” If you do, the bankruptcy trustee or [...]

Exemption Amounts Increased in Oregon (a small step) »

On Friday, June 26, 2009, Governor Ted Kulongski signed HB 2306, which provides increased protection for a debtor to protect his vehicle and his home from creditors.   Formerly, a debtor could protect $2150 in value of a motor vehicle.   The bill amends Oregon Revised Statute 18.345(d) motor vehicle exemption value up to $3000.    Oregon has [...]

Completing Bankruptcy Paperwork »

Preparing the paperwork to file a bankruptcy is, generally, the next step after you have hired an attorney, met with him to discuss your options, and provided him with all of the information requested.
The initial paperwork for a chapter 7 bankruptcy consists of the petition; the schedules and the statement of financial affairs.  Additionally, there [...]

Warranty Claims Against a Bankrupt Company »

You may have purchased something from a company now in bankruptcy, and you have to make a warranty claim.
If the company is in Chapter 11, it will very likely honor your claim for the good will it generates (you’ll tell your friends that it’s okay to do business with the company) even though the company [...]

Trustee Holds Feher Proceeds Until Completion or Dismissal of Chapter 13 »

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 [...]

What Happens to Insurance Proceeds for a Totaled Car in Chapter 13? »

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, [...]

What Documents Do I Need To Have To File For Bankruptcy? »

Filing for bankruptcy can be confusing, especially when you don’t have all of your documents prepared. Learn more about what documents you need to have on hand when you meet with your bankruptcy lawyer by listening to this audio segment.
[Audio clip: view full post to listen]
If you liked that post, then try these…$139.95? The [...]

Family Medical Leave and Chapter 13 Payments »

If your Chapter 13 payments are set by the Means Test and not only by mortgage and priority tax arrears, then a Family Medical Leave can reduce your payments.
The Means Test looks at your average monthly income for the six month period ending with the month before your filing.  If you have not yet filed [...]

San Diego: New Ruling Allows Student Loans to be Discharged in Chapter 13! »

The United States District Court located in San Diego recently issued an opinion on December 10, 2008, holding that student loans may be discharged in chapter 13 bankruptcy cases where the creditor fails to object after receiving proper notice.  Other cases around the country are also holding the same and the United States Supreme Court [...]

Chapter 13 And Unexpected Bills »

What happens when you cannot make your Chapter 13 payments due to unexpected bills?  A furnace goes, or a car breaks down, or you get sick or hurt.  What then?
There are a number of options.  None of them are “Keep this secret from your lawyer!”
You can ask for a suspension, or moratorium of payments and [...]