BankruptcyLawNetwork

Court Says Chapter 7 Debtor May Not Have Two Cases Pending at Same Time

12/12/16

Despite a lengthy delay in her chapter 7 proceeding, amounting to nearly two years, the fact that her chapter 7 case was still open prevented a West Virginia woman from filing a chapter 13 case.  In re Lynch, Nos. 5:14-bk-50001, 5:16-bk-50272 (S.D.W.Va. Dec. 2, 2016) (Volk, J.).

The debtor filed a chapter 7 case on January 7, 2014.  The trustee had filed a no-asset report on June 25, 2015, but the case remained open and no discharge of debts had been granted.

[more]

Resistance is Futile… Or so the Creditors Think.

12/07/16

Resistance is Futile.The holiday season has rolled around once again and regardless of whether you are in bankruptcy, this season tends to be a season of stress instead of joy. Americans continue to focus on purchases geared towards their wants instead of their needs.

[more]

What Happens to My Inheritance in Bankruptcy?

12/02/16

It doesn’t happen very often, but sometimes a client who needs to file bankruptcy is also in line to receive an inheritance.  Like a lot of things, what will happen to that inheritance in a bankruptcy case depends on the timing.

[more]

Eastern District of North Carolina Issues Order in Wake of Hurricane Matthew

10/14/16

hurricane-floodinghttp://www.bankruptcylawnetwork.com/wp-content/uploads/Hurricane-Floodin... 539w, http://www.bankruptcylawnetwork.com/wp-content/uploads/Hurricane-Floodin... 620w" sizes="(max-width: 300px) 100vw, 300px" />The Bankruptcy Court for the Eastern District of North Carolina has issued an order est

[more]

Chapter 7 Can Be a Disaster Without a Good Bankruptcy Attorney

07/16/16
Don't Let This Be You!

Willy Stöwer, 1912

Chapter 7 is the chapter under the Bankruptcy Code that most consumers file. It is seen as simple, fast, and, by some, “just filling out a few forms.”

[more]

Defining the Term “Mortgage Arrearage”

07/07/16

Have you wondered what is meant by the term “mortgage arrearage?” As Bankruptcy Law Network member Jonathan Ginsberg explains, a mortgage arrearage simply refers to any missed mortgage payments.

If, for example, you did not pay your mortgage in January and February, those two months would be in arrearage.

[more]

“How Is My Chapter 13 Plan Payment Determined?”

06/16/16

man asking holding question markThe most important thing my Chapter 13 clients want to know is how much their Chapter 13 Plan payment will be. They ask this question at our initial meeting, before their case is filed, and during the period before their Chapter 13 Plan is confirmed. Of course. It is probably the most important factor in whether their case will be a success.

[more]

How Chapter 13 Stops a Pending Mortgage Foreclosure

06/06/16

Chapter 13 is widely known as the fastest and most effective legal action you can use to stop a foreclosure – even a foreclosure scheduled for the next few days.

[more]