Determining your income in bankruptcy is the key to whether you will be allowed to file Chapter 7 or be required to file Chapter 13 and the Means Test is the gatekeeper.
Although private school tuition expenses may be allowed under the reasonable and necessary standard, the determination of whether they will be an allowed expense is extremely fact intensive and varies from jurisdiction to jurisdiction.
Since the Coronavirus (COVID-19) Started I Have not Been Able to Pay my Mortgage/Rent – What Should I Do?
Bankruptcy can provide an option for those facing issues with paying their rent or mortgage during the COVID-19 pandemic. Both Chapter 13 and Chapter 7 provide tools to assist people struggling to make these payments get the time they need to catch up on those payments or unload the obligation.
The CARES Act now allows a debtor to modify their confirmed Chapter 13 Plan out to as much as 84 months. While that is a shield for debtors, it may be a sword for Chapter 13 Trustees.
The recently enacted CARES Act made some interesting and beneficial changes to Chapter 7, Chapter 13, and Chapter 11 bankruptcies.
How often you can file bankruptcy will usually depend on whether you received a discharge in your previous case and the date your filed your previous case.
The cram down of a vehicle loan and the reduction of the loan interest in a Chapter 13 Bankruptcy is a fairly straight forward process and can generate significant savings in your Chapter 13 case.
The lien strip characteristic of the Chapter 13 Bankruptcy is a powerful tool to reorganize your debts and remove subordinate liens on your home after bankruptcy is done, if you complete your plan and other conditions are right.
In a Chapter 13, the treatment of a rent-to-own agreement will be governed by state law and the economic reality of fighting over that determination.
Personally assessed taxes like the trust fund recovery penalty can not be discharged in bankruptcy.
A tax lien, like any other kind of pre-petition lien, will survive bankruptcy regardless of whether the actual claim is discharged in the bankruptcy proceeding.
While the discharge of income tax debt is fairly simple in bankruptcy, there are several factors that you must satisfy to accomplish that discharge.
A Chapter 13 can save your home by paying off the mortgage arrearage over time and making your monthly mortgage payment under the protection of the automatic stay.
At this point you have made the decision to file for bankruptcy protection. You have also made the decision to hire an experienced bankruptcy attorney to assist you with the filing. Now the question is how to pick an attorney. You will notice that the title of this post uses the term interview...
This post discusses whether you need to hire an experienced bankruptcy attorney of if you should "go it alone." Before making the choice to file on your own you should think long and hard about the benefits you are giving up by not having an experienced bankruptcy attorney by your side.
This site is designed to assist Southern Maryland consumers with the very hard decision of moving forward with a Chapter 7 or Chapter 13 bankruptcy. As with anything else in life, the first question that should come to your mind as you read this post, or any other for that matter, is why should ...