Bankruptcy Blog

I had to attend a hearing this afternoon regarding a motion to reconsider an order denying a motion to reopen a Chapter 7. Luckily the motion was granted, and we got the motion to reopen granted, but it all could have been avoided from the very beginning.
When a Debtor meet with his […]

My client was in my office yesterday because of love. His wife of twenty-five years died three years ago. Loneliness drove him to begin talking with women on the internet, which in itself if perfectly acceptable. However, he soon began a relationship that would lead to financial trouble. He […]

I have received several calls from discharge Chapter 13 debtors requesting release of lien titles. Many of these titles are being mailed to debtors that have moved and the creditor did not confirm if address was correct. Best case is for the creditor to mail all the titles to office of the Debtor Attorney to […]

Many people do not realize that they can sell their home while they are still in a Chapter 13 bankruptcy.
You will want to start by finding someone to put the house on the market. Once you have an interested buyer, then the realtor will draw up a contract between the buyer and […]

A priority debt is best defined as a debt that receives priority payment status over other debts listed in the bankruptcy. This type of debt includes past due IRS debt assessed less than 3 years prior to the petition filing date, Child Support arrears, bankruptcy attorney fees, etc. Some IRS debt is […]

A Motion for Relief from the Automatic Stay is the creditors request of the court to take away the stay so that they will be allowed to begin foreclosure or repossession proceedings. This is usually pretty easily resolved by entering into an Agreed Order either allowing the debtor to put their arrears back into their […]

Since October 17, 2005 Congress has set up a new way to determine if someone qualifies for a Chapter 7. They now look at income from the last 6 months. This has become an issue lately. Many Debtors are cashing in stocks or 401K to get money to survive on during […]

Preparing to file for Bankruptcy under the reform includes a lot of gathering together and organizing of paperwork. You will need to get together your last 4 years tax returns, copies of all creditor statements, bank statements, your last 6 months pay stubs, insurance policies on your home and car as well as […]

Many people who go through bankruptcy don’t know that they can buy a house while they are still in bankruptcy. This pertains particularly to the Chapter 13 debtors. The first step you will want to take is to find someone who is willing to lend you the money to buy a house. […]

Today I will begin working on Chapter 13 dockets for 02/02/07 on matters of Motion to Dismiss, Chapter 13 plan modification and other miscellaneous motions. There are several Chapter 13 motions to dismiss for failure to confirm on the docket due to the delayed filing of Confirmation orders by the Trustee’s office. Chapter 13 Confirmation […]