How do I make a Chapter 13 plan that succeeds? That’s important because a successful Chapter 13 lets you keep your assets, keep control of your income, and discharge more debts than any other form of bankruptcy. Yet a distressing number of Chapter 13’s fail before they reach the finish line. Debtor writes the plan […]
Means Test As Three Dimensional Chess
Means test issues in bankruptcy extend far beyond how much income you have. The allowable expense deductions for your life after filing bankruptcy count, too. After an hour long initial consultation with a client, these complexities became clear when the client tagged the means test with incredible clarity. It’s like playing three dimensional chess Pretty […]
Where Do I File My Bankruptcy Case?
Remember the kid’s geography game, Where in the World is Carmen Sandiego? Clues took players all around the world to stop a gang of thieves. When it’s debt you want to stop, if you’ve moved around in the past two or three years, the rules of the game are not child’s play. Two issues are […]
Why Bankruptcy Cases Go Down The Drain
I watched dozens of Chapter 13 bankruptcy cases get dismissed in a single afternoon in court recently. Dismissed. Tossed out. Ended. The usual reason was that the debtor had not taken seriously the requirement that all their tax returns be filed within 45 days of the commencement of the case. Regardless of the debtor’s need […]
Ten Essential Nuggets For Creditors in Bankruptcy Notice
You’re looking at bankruptcy official form B9. It arrived in your mail because someone has filed bankruptcy and listed you as a creditor on the schedules of a newly filed bankruptcy case. Most likely, the debtor owes you money or you have an open claim of some sort against the bankrupt. Your rights against the debtor […]
Will A Second Bankruptcy Really Protect?
Immediate protection from collection is at the top of the list for most bankruptcy filers. They want the lawsuit to stop; the wage garnishment to stop; the debt collectors to stop. But, if this isn’t your first bankruptcy case, do you get that protection? What the automatic stay does The Automatic Stay (or “Stay”) protects […]
When Chapter 20 Bankruptcy Adds Up
You can look a long time in the Bankruptcy Code without finding Chapter 20. Chapter 7 is there; so are Chapters 11 and 13. But no 20. But you find it in bankruptcy courtrooms and in the arsenal of good bankruptcy lawyers. So, what’s up? Chapter 20 is really bankruptcy slang. It’s a Chapter 7 case […]
Warning: Wells Fargo Can Freeze Your Account
Preparation for filing bankruptcy should include getting your money out of Wells Fargo Bank. Unless, of course, you’re willing to have Wells freeze your money for days or weeks, on its own initiative. Wells says they are “helping” the bankruptcy trustee by denying you access to your money. Only the bankruptcy trustee didn’t ask for […]
Are You Stuck With The Lawyer Who Filed Your Bankruptcy Case?
Your bankruptcy case is filed. It’s not going as smoothly as you expected. In fact, you’re worried you’re going under. Can you change bankruptcy lawyers after your case is filed? Certainly, you can always fire your lawyer. It may be disruptive. It will certainly cost more money. To decide you need to know So, how […]
Who’s Afraid Of Bankruptcy’s 90 Day Rule
Most folks considering bankruptcy know about the 90 day rule in bankruptcy. They’ve talked to friends or read on the internet. When they get to a bankruptcy lawyer’s office, they’re eager to tell me they know about the rule, though sometimes they have questions about just how it works. Which is all very interesting, except that […]
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