Bankruptcy Blog Archives

When a case is filed, mainly a chapter 13 case, there is generally someone that has to be called and notified of the bankruptcy filing. Most times it is a mortgage company or a car creditor. It is important to keep in mind to call the car creditor when a Debtor has decided to put [...]

During the a Chapter 13 Bankruptcy, things can occur that causes a Debtor to be able to make the Trustee payment, such as a medical problem, time off work without pay, loss of job, or switching jobs. Just because a Debtor is unable to make one or two payments does not mean the case will [...]

When a Debtor files a Chapter 13, the first Trustee payment is due 30 days from the date of filing. There is no way for the attorney to change the date the payment is due. If the first payment is not made on time, the Trustee will issue a 3-day Notice of Intent to Dismiss [...]

Once a case is filed there is another course that has to be taken for a Debtor to receive their discharge. This course is the Debtor education course and it is required for every Debtor that files, whether it is a Chapter 7 or a Chapter 13. For a chapter 7 it is required to [...]

Bankruptcy is a nerve racking process to begin with and when you tell people that they have to go to a court hearing, they tend to freak out and not know what to do. When you explain to them that there is nothing to worry about and it is simply them asking you questions about [...]

Termination of automatic stay means that the “stay” in place to protect you and your property has been terminated for a particular creditor and the collateral secured to the creditor. Whether it be a home mortgage or an auto creditor, immediate action must be taken by the debtor in bankruptcy. The first option, after the [...]

During the course of your bankruptcy, you may have fallen delinquent on your mortgage payments. At this time the mortgage co. would have filed a Motion for relief from the automatic stay. Most of the motions are resolved by entering into an agreed order to place the arrears, late fees & attorney fees in your [...]

Owning and maintaining one or more rental properties can sometime be financially draining, especially while in bankruptcy. This is usually caused from tenants having to be evicted for failure to pay rent or repairs and upkeep after a tenant has moved out. You can sell the rental property while in bankruptcy however a motion to [...]

Many clients contact our office to complain that the bankruptcy plan payments are making it impossible for them to meet their monthly household obligations such as utilities, rent/mortgage payments, auto payments, etc. My response to this complaint is that these monthly debts are all listed in their budget schedules and these calculations reflect they should [...]

If you have an outstanding payday loan that you incurred within 90 days of filing bankruptcy then you will be responsible for paying this debt if the creditor files motion to deny discharge or Adversary. The payday loan service usually holds a post dated check that they may attempt to process through your checking account, [...]