The 2005 amendments to the Bankruptcy Code added 28 U.S.C. Section 1930(f)(1) which provides for the waiver of Chapter 7 filing fees. This provision is implemented through Bankruptcy Rule 1006(c). However, a debtor’s application requesting a fee waiver must be filed along with the voluntary bankruptcy petition. The debtor’s income must [...]

Popularity: 18% [?]

I recently received the following question from a reader of my Atlanta Bankruptcy blog:
In my research, I have found out that I should and have the right to file “Notice of Conversion” along with a maximum $25 court filing fee in order to have this done. I would like some direction or guidance to [...]

Popularity: 27% [?]

One of the things left intact by BAPCPA, the 2005 bankruptcy act, is the ability to convert from one chapter of the bankruptcy code to another. Thus, even though you filed a chapter 7 bankruptcy, you can convert it to a chapter 13 if you need to do so.
There are a number of reasons [...]

Popularity: 23% [?]

Frequently, cases in bankruptcy are converted from one chapter to another. Most commonly, is the conversion from Chapter 13 to Chapter 7. More and more chapter 13 cases are converting as a result of debtors realizing that it simply makes no economic sense to save their home in Chapter 13 in light of [...]

Popularity: 34% [?]

The bankruptcy law changed in 2005 to require that people who make over their state median gross income pay five years of disposable income to their creditors in a Chapter 13 Plan. Prior to the law change, Chapter 13 debtors who had disposable income were required to pay as much as they could [...]

Popularity: 38% [?]

Here is the Tagalog version of the U.S. Trustee Bankruptcy Information Sheet. You will be asked at your meeting of creditors (341 hearing) whether you have read this sheet and understand it. Read the information sheet and ask your bankruptcy any questions you have. According to Wikipedia, Tagalog (pronunciation: [tɐˈgaːlog]) is one of the [...]

Popularity: 36% [?]

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, BAPCPA, or more properly, the Act, does not apply to cases filed before the effective date of the Act, per statute found at Title 15 USC 1501(b)(1). This statement includes conversion from any one chapter to any another chapter.
Brett Weiss offers a concise analysis [...]

Popularity: 19% [?]

In October 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act. That Act changed the Bankruptcy Code rules about filing bankruptcies and imposed new restrictions. The new rule is that 8 years must pass inbetween Chapter 7 bankruptcies.
As a consumer bankruptcy attorney, I watch the court docket in Oregon. [...]

Popularity: 18% [?]

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 changed the timelines in the Bankruptcy Code. As of October 17, 2005, a debtor cannot get a discharge in a second Chapter 7 bankruptcy unless eight (8) years have passed since the filing of the first Chapter 7 bankruptcy. It does [...]

Popularity: 18% [?]

The decision of whether to convert a Chapter 13 bankruptcy case to a Chapter 7 bankruptcy case is not simple. There are many, many reasons why people convert their Chapter 13 to a Chapter 7. Once your case is converted, you may be concerned that you might lose your house or a car. You may [...]

Popularity: 23% [?]