The words Mortgage Modification and/or Mediation and Bankruptcy were never used in the same sentence because we all know that a debtor in Chapter 13 bankruptcy cannot use the Bankruptcy Code to modify a primary mortgage on their residence. However, in the wake of this economic challenge, the winds of change are blowing, and we [...]
Chapter 13 Bankruptcy
In Re Vandenbosch answers the question of whether a Chapter 13 Debtor must include their social security benefits in the determination of monthly income in Southwest Florida. In the past, debtors were required to use their social security to repay creditors claims in their bankruptcy plans. This was a very unfair practice in my opinion, [...]
Section 1322 of the Bankruptcy Code allows a debtor to assume an unexpired lease, such as for an apartment or car, in their Chapter 13 case. This right is subject to the provisions of Section 365 of the Code, which provide: If there has been a default in an executory contract or unexpired lease of [...]
2011 has been called “The Year of the Natural Disaster”. We have seen deadly tornadoes, massive floods, billion dollar blizzards, devastating drought, East Coast earthquakes, and Texas wildfires…oh my! Millions of Americans have had their lives seriously disrupted this year. Many of them were in Chapter 13 bankruptcy cases at the time of the disaster, [...]
There can be no more sickening feeling than to discover that your car or truck has been repossessed. In Georgia, where I practice, self-help repossession by vehicle lenders can occur quickly and with no prior notice. Specifically, in Georgia, lenders do not need to file any paperwork in court, nor do they need any permission [...]
I wrote about attorney fees as a means test deduction some time ago. BAPCPA’s provision, codified at section 707(a)(2)(A)(iv) of the Bankruptcy Code, says that priority claims are deducted from income. Priority claims include a Chapter 13 debtor’s counsel’s fees. See sections 507(2), 503(b)(2), and 330(a)(4)(B). Therefore, our attorney fees are a means test deduction. Oddly, the [...]
