In my bankruptcy alphabet, T stands for Tension. I’m not talking so much about the tension the person filing bankruptcy feels, though that is real and not to be discounted. I’m talking about the tension in the law that balances the interests of creditors with the interests of debtors. Bankruptcy law in the US recognizes […]
The Government Loans That Bankruptcy Wipes Out
Believe it or not, certain unsecured loans from government entities are dischargeable in bankruptcy. This includes SBA loans, and loans made through The Department of Veteran’s Affairs (VA), Department of Housing and Urban Development (HUD) and others. That’s the good news. What is CAIVRS and How is it a Problem? The bad news is that […]
Bankruptcy Alphabet: D is for Discharge
“D” is for discharge in my bankruptcy alphabet. Getting a discharge of debts is the goal of most bankruptcies. The discharge is the court order, issued at the conclusion of a case, that wipes out the filer’s personal liability for most debts that existed when he began the case. Not everything is discharged. The Bankruptcy […]
Drive-in bankruptcy?
We got a call about three o’clock the other afternoon from someone who wanted to come in that afternoon and file bankruptcy that day. When my partner hesitated, the caller responded, “Well , you are open now aren’t you?” I had a mental image of one of those parking lot, drive up coffee vendors, selling […]
Bankruptcy Alphabet: F is for First
In my Bankruptcy Alphabet, F is for First meeting of creditors. Lots of rumors exist about the first meeting; it garners a level of notoriety that it cannot sustain on closer look. Let’s check it out. The first meeting of creditors is often the only time a debtor has to appear in public in connection […]
Discharged Debts Don’t Bar Chapter 20 Lien Strip
Underwater liens that linger after an earlier bankruptcy don’t count in Chapter 13. At least, they don’t count against the unsecured debt limit that restricts entry into Chapter 13, says the 9th Circuit Bankruptcy Appellate Panel in Free. Great news for homeowners for whom Chapter 13 was not initially available because they exceeded the debt limits. […]
Means Test & Taxes: Look Backward Or Forward
One of the mysteries of the universe (well, sorta) was answered for me by my least favorite authority. The United States Trustee wanted to adjust the taxes incurred on the bankruptcy means test form to be taxes as they were projected to be in the future. Fine by me. My position has always been that current […]
Bankruptcy Alphabet: S is for Strip
S is for Strip in my Bankruptcy Alphabet. Bankruptcy lawyers delight in stripping liens from people’s homes. In any chapter of bankruptcy, a debtor can void judgment liens that have attached to assets that would otherwise be exempt. In Chapter 13, tax liens and other statutory liens can be stripped off the asset if there […]
Keep Your Tax Refund Despite Filing Bankruptcy
Usually, we’re touting pre bankruptcy planning: know what’s exempt, what debts will survive bankruptcy, and arrange your affairs to lose as little as possible to a bankruptcy trustee. There’s one bit of tax and bankruptcy planning that you can do after you file bankruptcy. That’s despite the fact that bankruptcy is generally a snapshot of […]
Tugging On Superman’s Cape
When a Chapter 13 trustee complains that the means test is not easy to administer when only one spouse files, should I be sympathetic? After all, Chapter 13 confirmation is often a negotiation on disputed issues between the trustee and debtor’s counsel. Here’s what I said recently at ConsiderChapter13.org on that issue. Come on, Madame […]
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