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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 […]

Is the arbitration clause in my credit card agreement enforceable?

24 February 2010 It depends on where you live, how the card is used (commercial or personal), and what kind of claim you seek to bring. For example, if you live in Massachusetts (or otherwise Massachusetts law applies), use your card primarily as a consumer, and seek to bring a claim under the Massachusetts Consumer […]

Is it OK to file legal pleadings secretly prepared by an attorney?

11 February 2010 For the attorney, this is called ghostwriting. Whether it is allowed depends on the jurisdiction and the specific court. For instance, in Massachusetts it has been allowed in the probate and family court in certain counties since 1 November 2006. When this ghostwriting is done, the filing must state it was “Prepared […]

How do I find an ethical and reputable attorney?

11 February 2010 People usually hire an attorney without inquiring of others whether the attorney has a good reputation and simply assume that the attorney they end up speaking to is ethical. It is hard to learn of a bad egg partly because other lawyers are reluctant to state a negative opinion in fear of […]

Can I eliminate my student loans in bankruptcy?

28 January 2010 Probably not. Most unsecured garden variety loans can be wiped out, or “discharged” in a bankruptcy. This means that the bankruptcy court enters an injunction on the collection of the debt from your person. In other words, your personal responsibility for the loan is eliminated. (Creditors still may have their rights to […]

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 […]