Why should I file Chapter 13 if I have to pay all my creditors in full? Because, I said, even a 100% repayment plan under Chapter 13 saves you money. This client had a fistful of equity in a home; that equity made a Chapter 13 the required choice of chapter for the man. But […]
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Chapter 13 To The Rescue In Ruinous Business Lawsuit
Twice in the last six months, Chapter 13 bankruptcy has saved clients facing catastrophic lawsuits arising out of business. And because the targets of these lawsuits filed bankruptcy before they’d spent a fortune on lawyers and before the court had a chance to award huge damages, they fit beneath the Chapter 13 debt limits. We […]
What Creditors Of PG&E Need To Know About Bankruptcy
Listen up if you’ve done business with PG&E, now or in the past. The PG&E bankruptcy affects you in varying ways, as we explore below. You have some important decisions to make, such as: Should you keep doing business with PG&E? If you do are you going to get paid? When? What about money PG&E […]
Credit Reporting Agency Is All Wrong About Bankruptcy
Found a mistake in your credit report after bankruptcy? Happens all too frequently. But a major credit reporting agency is flat wrong on its advice on how to debts discharged in bankruptcy reported properly. The cynical side of me is not surprised. They get so little else right, why do I expect them to write truthfully […]
4 Keys To Chapter 13 Success
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 […]
What Litigators Need To Know About Bankruptcy
Civil litigation often decides who owes what to whom. Bankruptcy law cab impact ongoing litigation and what happens thereafter to those who owe. And to those to whom money is owed. So it behooves litigators to have a good grasp on how bankruptcy works. If you’re defendant’s counsel, you want to assess your client’s options should […]
IRS Shakedown Happening In Bankruptcy Court
The latest IRS scam is happening in bankruptcy, out in the open. Now usually when I write about IRS scams, I’m talking about genuine bad guys either pretending to be the IRS to hijack your money or pretending to be you to the IRS, to hijack your money. But nobody is pretending in the trick […]
Bankruptcy Alphabet: T is for Tension
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 […]
Cut Tax Liens Down to Size
Tax liens are no match for Chapter 13 when it comes to cutting the lien down to its real value. On paper, a tax lien can quickly become huge. In bankruptcy however, a lien is no bigger than the value of the assets it attaches to. While in Chapter 7, liens pass through bankruptcy without […]
Tax Question Roundup
Not long til tax returns are due. Time for a roundup of tax issues I see from atop my soapbox. I’ll point you to fuller discussions of tax topics. Are Chapter 13 payments deductible? I’ve never seen a claim that the entire monthly payment is deductible. In a case where all of the […]