Chapter 13 Bankruptcy

29 Oct Chapter 13 Debtor Not Required to Include Monthly Social Security Benefits in Chapter 13 Plan as Projected Disposable Income

The U.S. Court of Appeals, Tenth Circuit, recently held that a bankruptcy debtor's chapter 13 plan is not required to take Social Security benefits into account in calculating monthly"projected disposable income" under section 1325(b)(1). The court also held that it was not bad faith to...

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26 Oct Should I Be Worried About Going To My Meeting of Creditors?

After you file a bankruptcy case, you are required to attend a meeting of creditors. This is scheduled for about a month after your petition is filed, and is usually the only appearance you will need to make during the bankruptcy process. Should you be...

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15 Oct Bankruptcy is the Ultimate Protection from Florida’s Corrupt Foreclosure System

For Floridians, Federal Bankruptcy Court is proving to be a far superior avenue for actually saving homes than our state court judicial system.

The homeowner, with the help of a qualified bankruptcy attorney, can encapsulate and protect as much of his assets as possible while eliminating the uncertainty created by a failed foreclosure system. Homeowners are often emerging from Bankruptcy Court with the meaningful mortgage modifications that elude them in Florida’s state courts. Floridians shouldn’t have to seek refuge from our state courts, but be grateful there is an alternative, especially if you live in the Middle District of Florida.

Who runs Florida’s Foreclosure Courts? Why the banks do, of course. Just ask judges, prosecutors and the Florida Bar.

Retired senior judges regularly bend the rules for banks and their often inept lawyers prosecuting foreclosures, and they have been turning a blind eye to the bankster fraud in their courtrooms for years. For years, these retired judges have been paid for results – reducing the number of open foreclosure cases specifically – and they have been too willing to ignore the rule of law to make sure they “hit their numbers.”

Most retired judges create their own special set of rules they apply in foreclosure cases to tilt the playing field in favor of mortgage companies. They justify this unequal treatment because “homeowners aren’t making mortgage payments,” but they refuse to hear the hundreds and thousands of stories from homeowners describing their failed attempts to work directly with the mortgage industry to make their mortgage payments and avoid foreclosure.

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