The Federal Bankruptcy Code guides debtors (those who owe debt) and their relationship with creditors (those who lent the money through credit). When someone states that a case is in a certain “chapter,” that means that the debtor has filed a case under a certain part of the bankruptcy code. Each section of the code,...Read More
Individuals have the option of entering Chapter 7 or Chapter 13 bankruptcy. As discussed in an earlier post, Chapter 7 involves liquidation of the debtor’s assets meaning that most of the debtor’s assets are sold or returned to creditors to satisfy the bankruptcy. Alternatively, Chapter 13 bankruptcy involves a repayment plan in which the debtor...Read More
Filing bankruptcy can affect your assets in a variety of ways. It all depends on the specific asset, the amount, if any, owed on that asset, and the type of bankruptcy you choose. Cars and Homes Most people do not lose their vehicles or homes in a Chapter 7 filing of bankruptcy. You should do...Read More
Whether or not you keep your vehicle during a bankruptcy filing depends on several factors. There are ways to protect your vehicle, but it might mean making other sacrifices. The two most important factors that determine whether or not your car is protected include the type of bankruptcy you file and your current car ownership...Read More
When considering bankruptcy, many debtors will opt for court protection and reorganization of debt through a Chapter 13 filing. However, many of these debtors and even some lawyers are unaware of the debt limits that may keep them from being eligible for this particular process. As of April 1, 2013, limits on the amount of...Read More
If you car is worth less than what you owe, you are paying excessive interest and that is equal to your loan servicer ‘stealing’ from you. You can cut interest rates, reduce loan balance and significantly reduce your total loan amount by cramming down your auto loan in Chapter 13 bankruptcy. A cramdown puts Chapter...Read More
You may have reached a point where bankruptcy is your only real option. You are trapped by debt and you need a way to get out from under it so that you can begin making forward progress once again; bankruptcy gives you a chance to start over, to start fresh. However, are you afraid that...Read More
Individual financial problems tend to have an unfortunate ripple effect for many people, and a manageable financial situation may unravel quickly due to a single unexpected expense. Falling behind in mortgage payments may be one of the most stressful financial issues to deal with, and the creditor calls can leave any homeowner feeling overwhelmed. Paying...Read More
Dennis Rodman, the infamous NBA star, is going to get no help from the bankruptcy courts in discharging the nearly $100,000 he owes in back child support. Child support and other domestic support payments are two of the few things that are not discharged in a personal bankruptcy When people file bankruptcy, they need to...Read More
Completing a personal bankruptcy checklist prior to filing for bankruptcy can be an overwhelming. Navigating the petition can, however, is made much easier if it’s remembered that the information required in the petition can be divided into several easy-to-understand categories of figures. Assets A debtor’s bankruptcy filing has to list all assets so the extent...Read More