Chapter 13 Bankruptcy

Deciding Which Bankruptcy Chapter Is Appropriate

10/29/11

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 the two types of bankruptcy differ greatly. ATampa bankruptcy attorneycan explain the differences between the two [...]

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In re: Rankin, No. 10-62340-13

10/25/11

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 order to be approved by the court and put in [...]

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Bankruptcy Reform

10/22/11

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 the mortgage foreclosure crisis.  Last year the House of Representatives passed H.R. 1106: The Helping Families Save Their Homes Act [...]

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How A Bankruptcy Lawyer Can Help Clients Discharge Debts

10/13/11

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 current bankruptcy law, creditors included in the bankruptcy may not initiate or continue any legal or other [...]

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Right to convert from chapter 13 to chapter 7

10/03/11

In a recent case decided by the 9th circuit (In re Defrantz), the court ruled that the debtor has an absolute right to convert his chapter 13 case to a chapter 7 case. The creditor argued that the court should have considered the creditor’s motion to dismiss before converting the case and that the right [...]

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Chapter 13 Plan Payments

10/03/11

Now you may not have a lot of available money outside of that Chapter 13 payment that you can take home, but that is the price you pay when you enter into a Chapter 13 repayment plan.  All of your disposable income, not including your necessary expenses, but all of your disposable income must go [...]

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The “341 Hearing” – What Should I expect?

10/02/11

The creditors’ meeting, otherwise known as 341 meeting, is a procedural step in every Chapter 7 and Chapter 13 bankruptcy. In a typical 341 meeting, the debtor will be asked questions under oath by the bankruptcy trustee with respect to his or her financial affairs. Most debtors are apprehensive of the 341 meeting. While 341 [...]

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