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Archive for May, 2007

Keeping Your Home with Bankruptcy

Thursday, May 31st, 2007

The number one reason people file a chapter 13 bankruptcy is to keep from losing their home in a foreclosure sale. The reason their home is end the sale is because of non-payments. After so many months of no payment the mortgage company has tried to work something out with you but it is usually [...]

Don’t wait too long to file Chapter 7

Wednesday, May 30th, 2007

As we get older, and we have let old debts just hang around. They have hung around for a reason, either you inherit money or in a bad place you die. If you die and there is an estate of home or life insurance the creditors will fight for it. The creditors know what they [...]

Surrendered Property In a Chapter 13

Wednesday, May 30th, 2007

I have Debtors that will want to file a Chapter 13 bankruptcy and will want to surrender either a house or car in the bankruptcy. When this occurs, the typical question asked by most Debtors is “how long do I have to keep the property?” The answer to the question varies greatly depending on the [...]

Sample Trustee Confirmation Letter to Creditor

Wednesday, May 30th, 2007

Date Attorney or Creditor name & Address Debtor Name Bankruptcy Case Number: Dear Mr. : I received your Report for Confirmation and Objection to Confirmation. I have enclosed a copy of the proposed confirmation order for your review. I have changed the first payment due date to 00/00/00, which is within 30 days from the [...]

Sample Letter to client about vehicle that is a total loss

Wednesday, May 30th, 2007

Date Debtor Name & Address Re: Chapter 13 Dear Debtor Name: Your vehicle was included in your bankruptcy plan to be paid. You will need to have the insurance company send the payment to your Trustee. If your case is confirmed, you will be responsible for paying any deficient amount if the insurance payment does [...]

Reasons you can’t file chapter 7

Wednesday, May 30th, 2007

Filing a chapter 7 bankruptcy is the quickest way to discharge unsecured debts. It stays on your credit for ten years but because of the way it works you can start rebuilding your credit faster than a chapter 13 because of it being a three to five year plan. But to file the chapter 7 [...]

Sample Form Document: 362 Intent letter to client with options.

Tuesday, May 29th, 2007

Re: [Creditor|Name] Dear Mr. & Mrs. [General|DebtorLastName]: [Creditor|Name] has advised our office of their intention to file a Motion For Relief From Automatic Stay with the Bankruptcy Court, in order to begin foreclosure proceedings on your home. [Creditor|Name] claims you are past due in your mortgage payments for the months of , plus late fees. [...]

Why can’t I pay my income tax debt in monthly installments to the Internal Revenue Service?

Tuesday, May 29th, 2007

While in Chapter 13 bankruptcy case, the Internal Revenue Service (IRS) will require any debt owed to be paid in your Chapter 13 plan. This is to ensure the IRS debt will be paid in timely manner over the course of your Chapter 13 plan. If you continue to owe every year that you remain [...]

Why Lie to Your Attorney?

Friday, May 25th, 2007

I will never understand why Debtors feel the need to lie to their attorneys. And the funny thing is they usually lie over something that is unimportant. Sometimes I know they lie to make themselves look better or so they don’t have to take the blame for being in a bad financial situation, but other [...]

Sample Creditors Intent to File Motion to Lift Stay Letter to Client

Friday, May 25th, 2007

Dear Mr. & Mrs. Debtor: Creditor has advised our office of their intention to file a Motion For Relief From Automatic Stay with the Bankruptcy Court, in order to begin foreclosure proceedings on your home. [Creditor|Name] claims you are past due in your mortgage payments for the months of , plus late fees. Creditor will [...]

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