Chapter 13 Bankruptcy

Eligibility to File Chapter 13 Bankruptcy

02/12/14

In order to be eligible to file for Chapter 13 Bankruptcy one must be an individual with "regular income." Corporations, partnerships, estates, and trusts are not eligible to file for Chapter 13.  But individual operating their own business as a sole proprietorship (unincorporated) are generally eligible to file chapter 13 to deal with their personal and business debt.

A husband and wife can file a joint Chapter 13 case. The filing of a joint petition does not automatically result in the substantive consolidation of the two debtors' estates.

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Chapter 13 Post-Confirmation Property

02/12/14

In the case of In re Foreman, 378 B.R. 717 (Bkrtcy.S.D.Ga. 2007) a wrongful death claim arose post-petition. The Court held this claim not to be property of estate as it arose post-confirmation and that a debtor has no ongoing duty to disclose assets acquired post-confirmation that are not property of the estate.

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Running on Empty: “What If I Can’t Make My Chapter 13 Payments?”

12/03/13

Chapter 13 bankruptcy is about payments. After all, it’s a “payment plan bankruptcy.”  But what if you just can’t make the payments?Chapter 13

A moratori…what?

A motion for moratorium of payments is a motion you can file to suspend your plan payments for a period of time.

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