Bankruptcy Blog Archives

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 the [...]

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 forward. [...]

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 to adequately [...]

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 purpose [...]

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, modify a plan base, [...]

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. Once they [...]

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 Disbursements [...]

Termination of the automatic stay takes place when you have previously made arrangements with a creditor and you neglected to keep up your end of the deal with them. The creditor had previously filed a motion to lift the automatic stay because you were behind on your mortgage payments and we were able to obtain [...]

I met with a client today who was worried because he got a notice in the mail from the Trustee’s office for a Motion to Dismiss for Failure to Confirm (FTC). Our office had also received the notice and sent out a letter to the client to let him know the issue had been resolved [...]

Some Debtors will file a Chapter 13 bankruptcy in hopes of saving a house, but find that they are unable to make the mortgage payment, Chapter 13 Trustee payment, and meet all their other expenses. This can be very frustrating to Debtors because they specifically file bankruptcy to try and save their house. If a [...]