Chapter 13
Keep Vehicles Insured in Chapter 13 Bankruptcy Cases
This blog post concerns the very practical topic of keeping motor vehicles insured, especially during a pending Chapter 13 bankruptcy case. Of course, it is always appropriate to maintain collision insurance on a motor vehicle, but the local rules of...
Marital Status and Bankruptcy Filings
A debtor who is married is permitted to file bankruptcy individually or with a spouse. No individual is required to file a voluntary bankruptcy simply because their spouse files. A couple who is separated can still file a joint bankruptcy...
Bankruptcy Court Filing Fee Increases Effective June 1, 2014
Effective June 1, 2014, the court filing fees will increase as follows: The Chapter 7 court filing fee will be raised from $306.00 to $335.00 The Chapter 13 court filing fee will be raised from $281.00 to $310.00 The Chapter 11...
Definition of "Residence" for Claiming North Carolina's Homestead Exemption
What is your residence? For most individuals, answering that question probably takes little thought. It can be an extremely important question, though, for someone who holds equity in property when filing a bankruptcy case. An individual person, as opposed to...
Chapter 13 Bankruptcy Cases: The Applicable Commitment Period is a Temporal Requirement
In a case just decided March 28, 2014, the Court of Appeals for the Fourth Circuit issued its opinion in Pliler v. Stearns (In re Pliler), No. 13-1445, 2014 WL 1259569 (4th Cir. Mar. 28, 2014), holding that the Applicable...
Nondischargeable Debt: Defalcation or Breach of Fiduciary Duty
Bankruptcy can be daunting, especially when dealing with nondischargeable debt. Not everything is lost, though. If you’re in North Carolina, take some time to learn about the concepts of defalcation and breach of fiduciary duty to learn what you can...
The Importance of Disclosing Transfers
The bankruptcy forms require that the debtor list all property, other than property transferred in the ordinary course of business or financial affairs of the debtor, transferred either absolutely or as security within two years immediately preceding the commencement of...
Refiling Chapter 13 Bankruptcy
Chapter 13 cases can run up to five years. During that five year period it is very common for a debtor to experience a financial setback (e.g. job loss, health problems, vehicle repairs, domestic problems etc.) and be unable to...
Childcare Expenses and the Means Test in Bankruptcy
The purpose of the means test in Chapter 13 bankruptcy cases is to determine the minimum amount that an above-median debtor has to pay back to general unsecured creditors (e.g. credit cards, medical bills, etc). The purpose of the means...
How a Bankruptcy Filing Impacts a Foreclosure
Many debtors facing foreclosure in North Carolina turn to bankruptcy as an option. One of the main reasons debtors facing foreclosure file for bankruptcy protection is to take advantage of the automatic stay, which prohibits most collection attempts, including a...
