Whether a tax refund will be taken by the Trustee in a Chapter 7 bankruptcy will depend on several factors. As a general rule, the amount of taxes withheld from your pay are prorated over the entire year. This means that the portion of the tax refund for the time before the bankruptcy filing is property of [...]
Kevin Gipson
Filing a Chapter 7 or Chapter 13 bankruptcy can get your Driver’s License back for you when you have lost your license because of no have insurance! Many States require people that own cars to have motor vehicle liability insurance. These laws, often called compulsory motor vehicle liability laws, generally require that if you own a car, that [...]
When I meet with a married couple that are considering a Chapter 7 bankruptcy, one major consideration that needs to be addressed is whether or not to file for both, or only one of the spouses. I practice in Louisiana. Louisiana is a community property state. This means that all the assets acquired after the [...]
When you file a Chapter 7 bankruptcy you must list all of your assets and debts. Unsecured debts are discharged giving you what is often called a Fresh Start. Payday Loans are a form of unsecured debt, although many people believe that these debts are secured. In fact, since the borrower is required to turn over a post-dated check to [...]
A Chapter 13 Bankruptcy last a minimum of 36 months, and more frequently lasts for 60 months. During that 36 to 60 month time frame, the Debtor will be making monthly payments, known as Plan payments to the Trustee. So it should not come as a surprise that things can happen that can have an [...]
One of the hardest issues for a bankruptcy attorney to deal with is the issue of the Reaffirmation Agreement. When a person files a Chapter 7 bankruptcy he is given a rare opportunity: To start over fresh without his debts! This means that a debtor has the right to get rid of both his debts to unsecured creditors and secured [...]