Bankruptcy Blog

There is a common misunderstanding about the differences between a Debtor’s Bankruptcy Attorney and the Trustee for his case, especially when a Debtor files a Chapter 13 Bankruptcy Case. The difference seems much easier to understand in a Chapter 7 Bankruptcy. The main thing to understand is the Trustee and the Bankruptcy Attorney [...]

When a Debtor files a Chapter 13, all creditors who want to get paid anything (secured, unsecured, and priority) must file a proof of claim with the court. If a Creditor is scheduled to be paid direct that Creditor is not required to file a proof of claim in order for the Debtor to [...]

Some Debtors who have to file a Chapter 13 bankruptcy are receiving help from a family member or friend in order to make ends meet. Part of getting a Chapter 13 plan confirmed is to show the Trustee and the Judge that the Debtor will be able to pay all his regular bills plus [...]

There are instances when a Debtor can convert his case to a Chapter 7 and only pay the value of a vehicle. There is a motion that can be filed with the court called a Motion to Redeem that required a car creditor to turn over the title of a car even if only [...]

DSO is short for Domestic Support Obligation or more commonly known as Child Support. When you file for a Chapter 13 bankruptcy, you are allowed to put an arrears through the plan to pay for the child support; however, you are responsible for making all future payments on time each month from that point [...]

Motions for Relief are the creditors way of petitioning the court to remove the bankruptcy protection and allow them to take action against your property. When a motion for relief it generally due to two factors. The first and most common is delinquency on payments while the second, less frequent, factor is failure [...]

Many people who file for a chapter 7 bankruptcies are not familiar with what a reaffirmation agreement is and what it does. The reaffirmation agreement is signed by the Debtor and the creditor and in most cases it is on a debt that is secured, such as a house or a car note. [...]

The principal tool for any bankruptcy attorney is the plan modification. Modifications can be filed in numerous situations for various reasons. Plan modifications allow Debtors to change a confirmed plan. Some of the items that can be modified include UCP, plan payment, plan length, debtor intentions, claim treatment, claim interest rates, [...]

As soon as a bankruptcy case is filed, whether it is a Chapter 7 or Chapter 13, an automatic stay is put into affect. What does this mean to you as a debtor? What this means is that any creditor who is attempting to collect a debt from you must stop their collections. [...]

Creditors that hold a security interest in your property are entitled to be adequately protected during a bankruptcy case. Adequately protecting collateral in bankruptcy comes in various forms, but its primary function is always to protect the creditor’s interest in the collateral. Such protection includes Adequate Protection Disbursements (APD) and continuous insurance.
Adequate Protection [...]