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Archive for September, 2007

Joint Bankruptcy Filing and Divorce

Friday, September 28th, 2007

Many people start a bankruptcy with a spouse. This of course is a joint filing, but you find that throughout the process you find that you both can’t live with each other any longer. You file for divorce and find that it is way more complicated than you think. You have been […]

Avoid Foreclosure by Filing Chapter 13

Friday, September 28th, 2007

A chapter 13 is used to stop the foreclosure sale of your home. For what ver reason you have fallen behind in the mortgage payments and you and the mortgage company can not come to a payment plan that you can afford. most mortgage company want their money over the next 6 months to […]

Inhertiance received while in Bankruptcy

Thursday, September 27th, 2007

If you receive any assets or monetary funds from an inheritance settlement then you must contact your attorney immediately. You can not sell or trade any assets inherited with out first notifying the Chapter 13 Trustee about the ownership of real or personal property.
If you receive a check for an inheritance then you can’t […]

Pre-petition Property Taxes

Thursday, September 27th, 2007

One of the benefits to filing a bankruptcy is to stop creditors from trying to collect on pre-petition debt, which is any debt that was incurred prior to filing the bankruptcy. One of the common pre-petition debts that causes confusion for both Debtors and Creditors is property taxes. If property taxes are not […]

Divorce Number One reason to File Bankruptcy

Thursday, September 27th, 2007

A divorce is the number one reason people file a bankruptcy. Money is usually a factor in the divorce in the first place, but then add on to the situation another home and expenses.
Our credit is very fragile in the first place, but now add on slow payments or even no payments. Choices have […]

Bankruptcy and the IRS

Wednesday, September 26th, 2007

A bankruptcy can help you with IRS debts, but there are rules to go with that. Most important thing with the IRS you must have filed your taxes. If you did not file the IRS has more to say in what can happen in your bankruptcy.
A chapter 13 bankruptcy will stop all interest and penalties […]

Patience, My Dear Bankruptcy Debtor

Tuesday, September 25th, 2007

After being in Chapter 13 Bankruptcy for 36 to 60 months, it is understandable that the debtor will be very anxious to receive their discharge after making their final payment to the Chapter 13 Trustee.
After the final payment on bankruptcy is posted then the Trustee must make a final disbursement of funds. This happens about […]

Hearings for a Chapter 13 Bankruptcy

Tuesday, September 25th, 2007

There are different hearings that must be attended by the Debtor’s attorney when a Chapter 13 is filed. One of the first hearings that must be attending is the 341 hearing of meeting of Creditors. The hearing is conducted at the Chapter 13 Trustee’s office and is usually an all day process for […]

Continued Collection after Bankruptcy Filed

Tuesday, September 25th, 2007

Once a bankruptcy is filed and all the Creditors are notified all the collection calls should stop. If a Creditor continues to call or send collection letters to a Debtor who is in a bankruptcy, they are in violation of Federal Bankruptcy Laws.
I have a Debtor who filed bankruptcy and listed a Creditor on […]

Chapter 7 and Farm Land Assets

Tuesday, September 25th, 2007

They are a family of four, two daughters involved in school activities, and one of them with braces. They have a house and two cars with car payment and like most of us credit card debts total about 45,ooo. They have never missed a payment on anything. Several years ago the moms grandmother left […]

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