Will the Federal Government shutdown on October 1, 2013?  If so, how will it effect the Bankruptcy Courts? In the movie “Mars Attacks”, after the Martians use their Ray Guns to blast both Houses of Congress (a possible solution to Congressional gridlock?), President Dale (Jack Nicholson) states:  “I want the people to know that they still have 2 […]

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) enacted by Congress in 2005 imposed a Means Test calculation that is used to determine whether a consumer debtor must file a Chapter 13 bankruptcy, or whether the individual can proceed in a Chapter 7. However, there are times where even if a consumer is not […]

One of Benjamin Franklin’s most famous quotes is:  “Certainty? In this world nothing is certain but death and taxes.” With the certainty that is death, it is not surprising that occasionally, after a bankruptcy is filed, a Debtor will die. However, the death of a Debtor does not automatically meant the death of his or her case. […]

You filed for Chapter 13 bankruptcy.  Your Plan finally got confirmed, and you’ve been cruising along blissfully ever since.  But what happens if there’s a bump in the road and you need to change course midway through your case? Your Chapter 13 Plan is a living, breathing instrument.  It’s filed and confirmed, but that doesn’t […]

The Bankruptcy Code requires Chapter 13 debtors to make their first plan payment within 30 days of filing their case, but they should make their first payment as early as possible. If you file Chapter 13, you are required to make your first payment within 3o days of filing your case.  But pay it as […]

Rule #1, Have a personal financial goal and a plan to achieve it. The pressures of bills and getting the income to pay them typically cause you to lose sight of your personal financial goals. The second thing I ask a new client is, “If I could wave a magic wand to make it happen, […]