When people are in a Chapter 13 bankruptcy and hit a snag in their case, often they request a hardship discharge. The name alone should indicate that this type of discharge is not given upon a mere request. There are specific requirements that must be met before you can even be considered for this type [...]
Chapter 13 Bankruptcy
As a Consumer Bankruptcy Attorney, I really enjoy explaining the benefits of Chapter 7 Bankruptcy and Chapter 13 Bankruptcy to a potential client. Bankruptcy is a financial planning tool, plain and simple, kind of like a Swiss Army Knife. Inside this one tool, you have many different options. I enjoy watching their faces light up [...]
The Bankruptcy Appellate Panel for the federal Eighth Circuit Court of Appeals has added its voice to the other nine circuits that have have ruled in favor of wholly unsecured second mortgage lien stripping in chapter 13. This means that debtors in the Eighth Circuit (Minnesota, North Dakota, South Dakota, Iowa, Missouri, Nebraska, and Arkansas) are [...]
It is becoming more common for debtors to receive notification of a proof of claim in their bankruptcy from a party they have never even heard of, let alone dealt with. This often takes the form of a company claiming to have purchased credit card debt from the credit card company after the debtor filed [...]
Before I begin my rant on Chapter 13 and the way I see things turning against some debtors ( not all debtors), I would like to start by saying that I honestly believe that Consumer Bankruptcy is Financial Planning for the Future. Also, I still believe in the concepts of a “Fresh Start” and the [...]
It is generally unwise to break the rules and disobey a court order. This appears to be true for debtors in a Chapter 13 plan as well. In Standiferd v. United States Trustee the 10th Circuit Court of Appeals upheld denial of discharge for two debtors who failed to comply with the court order confirming their plan [...]
