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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…
Losing Control in a Chapter 11 Case
When an individual files a chapter 7 or chapter 13 case, they are referred to throughout the case as “the Debtor.” When a corporation or LLC files a chapter 7 case, the company, likewise, is called, “the Debtor.” But in…
March 2014 Bankruptcy Statistics
March 2014 bankruptcy filings totaled 91,234 in the United States. According to the American Bankruptcy Institute, this is an 11% decrease from the 102,696 bankruptcy filings in March 2013. In comparison to last month, March 2014 filings increased approximately 26%…
Former NC State Football Star Koren Robinson Has 2nd Bankruptcy Case Dismissed
Koren Robinson was a wide receiver for NC State and played in the NFL for many years. He filed a chapter 13 on January 31, 2014 in the Raleigh Division of the Eastern District of North Carolina but it was…
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…
Bankrupt Debtor Who Own an Animal(s)
A debtor in bankruptcy is required to list animals as assets on the bankruptcy schedules filed with the court. In chapter 7 bankruptcy if the animal is not exempt then it is possible for the animal to be sold just as any other…
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…
Bankruptcy Exception to Paying Income Taxes on Cancelled or Forgiven Debt
When it comes to overwhelming debt, there are options to consider and bankruptcy is just one of those choices. A consultation with a bankruptcy lawyer should not feel like asking a barber whether or not you need a haircut. Depending…