Bankruptcy Blog

I have a client who is paying for a car in her bankruptcy. When she filed she had the car for about two years, so she had to pay the full amount owed on the car instead of the value. When going over the difference of why she would have to pay the [...]

There are many scenarios that may allow you to request a plan modification for close and discharge case without further payments due. The first being that your case was filed prior to 10/17/2007 and you have been in your bankruptcy for at least 36 months.
If you have surrendered a home, vehicle or both and there [...]

So what do you do when you’ve received a notice indicating that the Trustee is trying to dismiss your case? The simple answer is to call you bankruptcy attorney. They can go over all of the options available and let you know which would be best for your particular situation.
Dismissal for non-payment is [...]

Most Debtors understand the process of confirmation, but become very confused when they get a notice in the mail for Trustee’s Recommendations Concerning Claims (TRCC). Even for an attorney, trying to determine what needs to be done on the TRCC can be confusing in some cases.
However, there is usually nothing for the Debtor to [...]

Once your bankruptcy is filed then your attorney will notify the creditor of bankruptcy. The creditor must immediately send termination of the wage garnishment/levy to the Debtor’s employer. If the wage garnishments continue then this a violation of bankruptcy stay and your attorney can take further action to cease the wage garnishment/levy.
This also extends to [...]

If you purchased your vehicle at least or more than 910 days prior to filing a Chapter 13 Bankruptcy then the auto claim should be paid at value instead of claim amount, whichever is less. This will allow the remaining balance of this claim to be provided as unsecured deficiency in your bankruptcy plan.
This will [...]

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 spend [...]

I recently filed a bankruptcy for a Debtor in order to stop a foreclosure on her house. However, the Debtor filed a bankruptcy and received a discharge in a Chapter 7 in 2004, therefore; she is now not eligible for a discharge in her current bankruptcy. She just doesn’t understand why she cannot [...]

An interesting question came up today about court fines. This debtor wanted to know if court fines would be taken care of through his bankruptcy and if he could add them. I explained to him that they would need to be listed for a debt that he owes, but this type of debt [...]

Once you come into our office and pay us a retainer fee you can start referring creditors to our creditor hot line. Some times this does not always stop creditors from calling and you begin to receive nasty threatening calls. What you do from this point forward is to take their name and [...]