Click Here To Receive FREE Email Updates!

Category: Chapter 13 BankruptcyRSS Feed for Chapter 13 Bankruptcy

Bankruptcy and Security Clearances »

So what happens to your security clearance if you file for bankruptcy protection?  Is it revoked? Will you be terminated from your job?  Will you be demoted?  Does your salary decrease?
While there are bankruptcy code provisions that regulate the public and private sector over discriminations in employment when one files for bankruptcy protection, most employers [...]

My Chapter 13 Bankruptcy Got Dismissed, What Do I DO? »

If you have received a dismissal in your Chapter13 you should immediately be in touch with your bankruptcy lawyer to go over your options.
The dismissal mean you have not completed your Chapter 13 and the court has dismissed your case. You are almost back in the same situation as you were before you filed bankruptcy. [...]

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.

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, [...]

Are Attorney Fees Still Recoverable in the 9th for Stay Violations? »

On October 1, 2009, the Ninth Circuit Court of Appeals issued its decision in Sternberg v. Johnston, No. 07-16870 wherein it affirmed a stay violation under 11 USC 362, yet held that attorney fees were only recoverable related to enforcing the automatic stay and remedying the stay violation, and not in the litigation of damages.  In [...]

Does the Payment in my Chapter 13 Plan Ever Change? »

As you may know the Bankruptcy Code provides that Chapter 13 plans must last at least three years but no more than five years.  As a practical matter, most of the Chapter 13 plans I file in my Atlanta area bankruptcy practice end up as five year plans (this is because the disposable income calculations [...]

What Is This Notice I Just Got From The Bankruptcy Court »

You just filed a bankruptcy.  You thought everything was under control.  Now you got a letter from the bankruptcy court.  Inside that letter is a notice from the court.  This notice contains all sorts of important things and you should read it.
What is in the notice? If you file a Chapter 7 Bankruptcy the notice [...]

Bankruptcy Exemptions in New York State »

When filing bankruptcy, a client’s first question often involves whether or not they can keep things they own, like their home, their car, or their 401(k).
These questions are important, and the answer to the question is two-fold:
1. Is there a lien against the property?
2. If no lien exists, what Bankruptcy Exemptions are available?
If there is [...]

What Types of Bankruptcy May I Chose? »

frequently asked bankruptcy questions
bankruptcy eligibility test changes November 1, 2009
converting from chapter 13 to chapter 7
I don’t qualify for chapter 13
chapter 13 may be your best option
video:  the six chapters of bankruptcy