News Topic: Chapter 13 Bankruptcy

How Can Bankruptcy Turn the Tables for the Debtor When people consider filing for bankruptcy, their first concern is usually what negative consequences may stem from their decision.  Making the decision to file for bankruptcy is an important one, and one ... Read full article

Believe it or not, the vast majority of bankruptcy lawyers, I would say 95% or higher, take their ethical obligations very seriously. We value the oath that we took when we received our license and honor it daily by dispensing advice in the best interests ... Read full article

If you are overwhelmed with debt, filing for chapter 13 bankruptcy may provide some relief. Chapter 13 provides debtors with an opportunity to restructure their outstanding debt and restore their financial health. Furthermore, in some situations chapter 13 ... Read full article

Bennett v. Bennett (In re Bennett), No. 09-44442-BDL (Bankr. W.D. Wash., January 19, 2011). When you file for bankruptcy, any “interested” party can ask the court to dismiss your case.  If the court finds that you abused the bankruptcy laws, by lying or ... Read full article

 In re: Moser, No. 09-11945 (Bankr. N.D. Calif., May 18, 2011). In your interactions with the bankruptcy court, it is important to be as kind and respectful, and honest as possible.  The bankruptcy court has a lot of discretion in making important ... Read full article

Some Believe Bankruptcy Laws Exacerbated Housing Market Crisis in Arizona   Could laws changing the requirements for filing bankruptcy worsen or even cause the housing crisis we have seen in the United States over the last three years?  Some believe so, ... Read full article

When people are current with their utility bills, utilities rarely become an issue in bankruptcy.  That is because Section 11 U.S.C. § 366(a), prohibits utility companies from discriminating against people based solely on bankruptcy filing.  However, often ... Read full article

When Your Employer Files Bankruptcy… In today’s economic climate, it’s not enough to be careful with your own finances – you may face the bankruptcy of your employer.  Then what?  Does your employer have to continue to pay you, and give you health and ... Read full article

If you are overwhelmed with debt filing for Chapter 13 bankruptcy may provide some relief. Chapter 13 allows a debtor to restructure his debt, which can significantly improve a debtor’s financial position. However, there are many consequences, which can ... Read full article

What is a Lien strip? A Lien strip is possible only in a Chapter 13 bankruptcy and only if the fair market value of the property is less than the total amount of money due on the first mortgage. In that case a second and third mortgage if any can be ... Read full article

Bankruptcy Filings Lower in Tucson, Arizona and Phoenix, Arizona Than Last Year   Arizona bankruptcies have been declining in number for the last 9 months.   Statewide filings fell 23 percent in October of 2011, and overall bankruptcy filings are down 13 ... Read full article

Written by Craig D. Robins, Esq.         With relatively little notice, bankruptcy court filing fees have increased. ... Read full article

Avoiding a Second Mortgage in Bankruptcy As a consequence of the decline in the real estate market many clients are asking about the status of their second mortgages. It is not understood by most lay people under what circumstances a second mortgage can be ... Read full article

Bankruptcy may provide some relief to a borrower under financial stress and overwhelmed with debt. Typically, there are two types of bankruptcy available to a debtor, Chapter 7 bankruptcy and Chapter 13 bankruptcy. The requirements and benefits offered by ... Read full article

In re: Rankin, No. 10-62340-13 (Bankr. D. Mont., January 21, 2011).   When you file for Chapter 13 bankruptcy, you propose to the bankruptcy court your plan to repay what you owe to your creditors.  There are many requirements that each plan must meet in ... Read full article

People who are facing mortgage foreclosure routinely ask me if they can get their house payment lowered by filing bankruptcy.  This question highlights a common misconception of bankruptcy law, and may be the result of news articles dealing with ... Read full article

Chapter 13 bankruptcy may provide some relief to borrowers overwhelmed with debt. Often, the most significant benefit that bankruptcy offers is the discharge of debt. The discharge releases the debtor from all debts included in the bankruptcy. Under ... Read full article

Written by Craig D. ... Read full article