By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7,Debt Collection & ForeclosureThis question comes up fairly regularly. Is it a good idea, or totally useless, to tell your creditors that you are planning on filing for Bankruptcy, have hired a Bankruptcy lawyer, or you are going to file for Bankruptcy at some point. There is really no firm answer either way as it depends on the… Continue Reading
By Scott Riddle Posted in Chapter 13,Chapter 7As we discussed in this prior post, the United States Trustee’s office will randomly audit Chapter 7 and Chapter 13 cases (as many as one in every 250 cases), and will audit other cases because there is something in the Schedules that makes that case stand out from the “average” Chapter 7 or 13 cases. … Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7If you find that your Bankruptcy case is being reviewed by the United States Trustee it is not necessarily a bad sign but it is something you will want to discuss with your lawyer. It might seem especially scary if the first you hear about it is a notice of a Rule 2004 Examination or… Continue Reading
By Scott Riddle Posted in Chapter 13,Chapter 7,Debt Collection & ForeclosureIf you have gone through the foreclosure process, maybe because you have decided to leave an expensive house and debt behind, and you are still living in the house, you are probably wondering how long you can stay in the house before you have to move. The answer is…it depends. Primarily, it depends on the… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7The Bankruptcy Code has specific code sections that list the requirements to be eligible to file a Bankruptcy case. What is not included in the list of requirements is that the individual is a United States Citizen, or even in the country legally. Generally, if you have a residence or business in the United States,… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7We have written quite a bit about student loans in this blog (which you can access with the student loan tag), and we will continue to do so. It is one of the biggest financial problems we have in this country. Recent data shows that it is not only young people who are burdened with… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7,Debt Collection & ForeclosureOccasionally we see loan agreement or other contracts that have a provision in them that says the borrower will not file for Bankruptcy or that the Borrower has waived their right to file for Bankruptcy. If you sign a contract with these terms, the other party may believe you are barred from filing a Bankruptcy… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7The title of this post is probably a little inaccurate, because we all know financial problems naturally lead to stress. Maybe it should be avoid “most” or “some” of the stress. Whether one is starting a plan to pay off their debt, following a Dave Ramsey plan, or they have to consider a Bankruptcy case,… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7No, you will not lose your family pet in a Bankruptcy case. Technically, pets are “personal property” that should be listed in Schedule B. Of course, most of us with pets view them more as members of the family than something like an end table. My goldens and labs have had the run of my… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7If one person files a Bankruptcy case, either Chapter 7 or Chapter 13, and receives a discharge of some or all of their debt, is their non-filing spouse protected for any joint debts discharged in the case? The answer is, unfortunately, no. Only an individual who actually files their own Bankruptcy case gets the benefits… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7A common question we often get is whether when one spouse files for Bankruptcy, the other spouse has to file too. The answer is no, unless there are other reasons the spouse needs to file. In most facets of Bankruptcy debtors are treated as individuals with their own debts and assets, even in joint cases… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7Occasionally, our clients are surprised with how much work that goes into filing a Bankruptcy case and with how much effort they need to put in to complete the initial filings. This is simply one of the unavoidable trade-offs for the benefits of a Bankruptcy filing. The Schedules that have to be filed in every… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 11,Chapter 13,Chapter 7The initial consultation with a good bankruptcy lawyer is a very informative and valuable experience for many reasons. It is an opportunity to “interview” the lawyer to see if you believe the lawyer is qualified and whether he or she will be easy to work with. It is also an opportunity to spend an hour… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13You know that in a Chapter 13 case you have to pay into a Chapter 13 Plan, usually for a period between 36 and 60 months. The amount of your payment is based on your disposable income. How are these payments made to the Chapter 13 Trustee? In the great majority of cases, they are… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7If you are required to file tax returns, it is very important that you make sure all returns are filed before you file for Bankruptcy, if at all possible. Surely there are times when it is not possible to catch up on prior returns, such as when a foreclosure is coming up soon, but even… Continue Reading
By Scott Riddle Posted in Chapter 13,Chapter 7,Debt Collection & ForeclosureVehicle title loans (or title pawns) are big business in Georgia and other states. A title loan is a loan transaction whereby the borrower hands over the actual title of their vehicle to the lender in exchange for a short term loan based on the value of the vehicle. For example, if the vehicle is… Continue Reading
By Scott Riddle Posted in Chapter 13,Chapter 7,Debt Collection & ForeclosurePayday loans are popular in the United States. By some estimates, there are more payday loan outlets than McDonald’s (and there are more than 14,000 locations of McDonald’s.). First, let’s define a payday loan. It is a relatively small loan usually intended to get the borrower to their next paycheck. These loans are usually unsecured,… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7A question that comes up surprisingly often on the various legal forums is whether a person could lose their security clearance if they filed a personal Bankruptcy case. It is certainly a great question, since the security clearance is often required for their job. The general answer is that it is highly unlikely. By many… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7,Debt Collection & ForeclosureMost consumer websites such as this one focus on Chapter 7 cases and Chapter 13 cases, with the occasional reference to individual Chapter 11 cases. The types of Bankruptcy are identified by the specific chapter in the U.S. Bankruptcy Code. What is a Chapter 20 case, since there is no Chapter 20 in the Bankruptcy… Continue Reading
By Scott Riddle Posted in Chapter 13As discussed in more detail in this post, junior liens may be stripped from a home if they are totally unsecured (i.e., the value of the house is less than the balance owed on senior liens). Typically, Bankruptcy lawyers will file a motion to strip the unsecured junior lien shortly after the case is filed,… Continue Reading
By Scott Riddle Posted in Chapter 13,Chapter 7,Creditor LawWhen completing Bankruptcy Schedules, we are asked to identify three categories of creditors: 1) Secured Creditors (Schedule D), 2) Unsecured Creditors (Schedule F) and 3) Priority Creditors (Schedule E). When creditors file a Proof of Claim, they have to state which category into which their claim falls. Here is a brief description of each of… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7,Creditor LawIf you are a party in a personal Bankruptcy case, you have probably come across references to a “Proof of Claim” form (sometimes simply referred to as a “claim”). Officially, it is known as Form B10, and you can view and complete the form on the U.S. Courts website. This form, completed by the creditor,… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13As discussed in our posts on the Chapter 13 Plan and Disposable Income to be paid in the Plan, we are able to include in our budget the “ownership expenses” of vehicles, which basically means the monthly payments due on the car loan or lease (and not “Transportation Expenses” such as gas and maintenance). In… Continue Reading
By Scott Riddle Posted in Chapter 13As we have discussed in other posts, the money that has to be paid into a Chapter 13 Plan is based on calculations of disposable income. Calculating disposable income is both a science and an art, and a good, experienced Bankruptcy lawyer will know how to propose a plan that is in the best interests… Continue Reading
