chapter 13

Chapter 13 Cram Down Of Investment Mortgage Unfair To Unsecured Creditors

02/19/12

Chapter 13 bankruptcy provides debtors the ability to cram down mortgages on their investment property provided that the investment mortgages be paid in full during the Chapter 13 plan. The cramdown opportunity is designed to help the debtors save their investment real estate as part of a reorganization, but the opportunity requires good faith and fairness to other creditors. 

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Chapter 13 Wage Deduction Order For Defense Industry Employees

02/01/12

Chapter 13 plans have a very high completion rate when debtors agree to pay using a wage deduction order. Payment is more likely when deducted from your paycheck as opposed to having to discipline yourself to give the Chapter 13 payment priority over other household expenses. 

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How to Address Apparent Racial Disparity in the Consumer Bankruptcy System

01/21/12

The article discussed in the N.Y. Times story today is heavily empirical. It is also deliberately light on the prescriptive.

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Race and Chapter 13

01/21/12

As Adam noted in his kind post, the New York Times today featured our study, "Race, Attorney Influence, and Bankruptcy Chapter Choice." My co-authors are Credit Slips blogger Jean Braucher, a law professor at the University of Arizona, and Dov Cohen, a professor at the University of Illinois who holds a cross appointment in psychology and law. And, we all express many thanks to the NYT reporter, Tara Siegel Bernard, who spent a lot of time slogging through the statistics and legal intricacies in our study.

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Chapter 13 Plan Payments And Increases In Debtor's Income

12/26/11

Most people are optimistic about their future including most of my clients who file Chapter 13 bankruptcy. People believe, or hope, that bankruptcy’s protection will lead them to increase their future salary or business profits. A common question is whether a Chapter 13 debtor’s increased future income will make their Chapter 13 plan payment increase.

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