Category Archives: Chapter 7
Can I eliminate debt recently incurred from gambling by filing chapter 7 bankruptcy?
29 December 2010 Generally, debt that arises from gambling is not per se treated any differently under the bankruptcy code than any other unsecured debt. But if you have recently incurred gambling debt, it depends. Some initial questions: How recent was the debt incurred? How much is the debt? What were the circumstances? How long […]
Chapter 7 Bankruptcy & Utility Bills—What Happens?
13 October 2010 Utility bills, in one way, are just like any other unsecured debt—they are discharged in a successful chapter 7 bankruptcy. So, relief from the outstanding amount at the time of filing for bankruptcy can occur. But that is where the similarity to other unsecured debts ends. 11 U.S.C. § 366. Usually, a […]
Want to hire a cheap lawyer, watch out!
23 August 2010 Frequently my office receives calls from people saying they are contacting all the bankruptcy lawyers listed in the phone book and inquiring: “How much do you charge for a bankruptcy?” The caller fails to realize that there are different chapters to file under, which are very different, including different amounts of time […]
How much will I have to pay each month in a chapter 13? What will my monthly chapter 13 payment be?
24 June 2010 The answer to this question is hard to predict until a proper analysis is completed. This analysis is based on applying the law to each person’s unique financial circumstances. Everyone’s payment amount is different. As I write, I am aware of one plan proposing to pay $78.00/month, another paying $130.00/month, and another […]
My ex-husband/ex-wife filed for bankruptcy, what do I do?
23 June 2010 There are many concerns that can arise when an ex-spouse files for bankruptcy —too many to address in one or even a few blogs— and every situation is different anyways. So, if you’re in this situation you should immediately meet with a competent bankruptcy lawyer who includes creditor representation as part of […]
What is feasibility in a chapter 13 and why is it important?
18 June 2010 In order to accurately understand the concept of feasibility, it is important to start with a discussion of the basics of filing a chapter 13 bankruptcy. In chapter 13, the debtor needs to present a plan for approval by the bankruptcy court. It is a personal reorganization plan so to speak. Generally, […]
What is good faith and why is it important in a chapter 13 bankruptcy?
17 June 2010 The term “good faith” is not defined in the bankruptcy code. Nonetheless, the code expressly requires that your chapter 13 petition be filed in “good faith” and that your chapter 13 plan be proposed in “good faith” (your petition is different than your plan); and your case may be dismissed if a […]
Should I file a chapter 13 plan by myself?
26 February 2010 No. The first reason is because a chapter 13 is a complex legal and financial arrangement. Generally, it is more complicated than a chapter 7. In fact, most lawyers would consider themselves unqualified to assist a client in filing a chapter 7, and even more a chapter 13, and they would be […]
My car was repossessed? Can I get it back if I file for bankruptcy?
Saturday 19 December 2009 It depends on whether the repossession company or creditor still has the car and hasn’t sold it. If the creditor still has the auto, it will most likely be deemed that it is still property of the bankruptcy estate (that means it is property subject to the bankruptcy court’s jurisdiction) and […]
Can I keep one of my credit card accounts even if I file for bankruptcy?
4 January 2010 It depends on whether the account has a balance when you file your bankruptcy petition, and, if there is no balance, how a creditor may react to the bankruptcy filing. If your account has a balance, the answer is no. The reason is that the chapter 7 bankruptcy petition, which is signed […]