Chapter 13
A Survey of the Local Form chapter 13 plans
The Final Report of the American Bankruptcy Institute Commission on Consumer Bankruptcy §4.02 addresses Nonuniform Court Practices. The background to the provision notes that “Local practices can deviate from the Bankruptcy Code or the Federal Rules of Bankruptcy Procedure. Perhaps...
Chapter 13 Debt Limits Increasing after April 1, 2019
Individuals who are considering seeking bankruptcy protection may benefit from the recent increase in the amount of debt you can have and qualify to file for a Chapter 13 bankruptcy reorganization. Debtors can only qualify for a Chapter 13 reorganization...
Post-Bankruptcy HOA Dues
Homeowners association dues aren’t usually at the top of the list of worries for someone struggling with an unmanageable load of debt. Compared to delinquent mortgage payments, credit card debt, and medical bills piling up, the monthly or quarterly dues a homeowner...
Cross-Collateralization Bankruptcy
Many people sign loan agreements without reading the fine print or understanding the consequences if the agreement contains a cross collateralization clause. Cross collateralization provisions in loan agreements can create unexpected complications for borrowers seeking to discharge debts by filing...
Duties of the Standing Chapter 13 Trustee
Because the Eastern District of North Carolina is altering the Chapter 13 confirmation process it seems like a good time to explore the role of the trustee in Chapter 13 bankruptcy proceedings. Since most Chapter 13 bankruptcy cases take approximately...
How Does Your Bankruptcy Affect the Filing of Your Tax Returns?
People who are over their heads in debt and considering bankruptcy have a number of decisions to make regarding bankruptcy and taxes. As bankruptcy attorneys, we often hear questions from clients like does bankruptcy affect tax return? And how bankruptcy will...
Trouble with Plan Payments, What Do You Do?
The story out of Pennsylvania about a chapter 13 debtor (and off-duty police officer) holding up a turnpike fare collection vehicle would have been rich comedic material if it hadn’t involved a real-life shootout and real-life fatalities. But just because...
How Debt Limits Impact a Bankruptcy
Typically, the menu of bankruptcy chapters presented to individuals is short: you’ve got chapter 7 and you’ve got chapter 13. Because the various flavors in which those two chapters can come is endless, though, it’s relatively rare that someone’s forced...
Chapter 13 Plan Payment Update
Great News for Chapter 13 Payments! The Trustee John F. Logan recently announced that electronic payments (epay) is now AVAILABLE!! The hassle of remembering to mail or drop off a check/certified fund every month to your trustee just got easier. If you still prefer to...
Vehicle Repossession Scenarios
Receiving calls about vehicle repossessions is not new to our office. A bankruptcy can help with repossessions in two different scenarios. .. … So as between the 2 scenarios, the 2nd option is simpler and cheaper. View our Filing...
