Tag Archives: Chapter 13 Title 11 United States Code

Can I file bankruptcy on my own?

Filing bankruptcy with the assistance of a bankruptcy attorney can be expensive, especially if you are struggling to pay for your basic financial needs. But do you really need a lawyer to file bankruptcy? Is there no way for you to file bankruptcy on your own and save the legal costs? Recently on our legal forum a user asked, “Can I file bankruptcy on own, and if so, what do I need to do to get started?”

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Better Understanding the Chapter 13 Bankruptcy

In bankruptcy law, it is often good to reiterate bankruptcy terms to the average layman. The more information you have about a particular circumstance, the more likely you will make better judgments in dealing with the circumstance. This article is being written to reiterate a better understanding of the chapter 13 bankruptcy. Continue reading

Choices for Filing Under a Chapter 11 or Chapter 13 Bankruptcy

Legal research

Choices for filing should include legal research.(Photo credit: gwilmore)

An individual or individuals owning a small business have a couple of choices for filing for bankruptcy protection in lieu of having to liquidate their assets in a chapter 7. Depending on your business circumstances, it can be complicated in determining what choices for filing you have under a chapter 11 or chapter 13 bankruptcy. Continue reading

Removing a Lien on a Title After Paying Off a Loan in Bankruptcy

Many times during a chapter 13 bankruptcy plan, a debtor will pay off a secured loan in the process. In removing a lien on a title of a secured asset, the lending institution has their rules about how to release the title and lien on the asset. How soon should the filing debtor expect to receive the title on a secured asset after paying off the loan in a chapter 13 plan? Continue reading

Understanding the Concept of the Confirmation Process in Bankruptcy

A confirmation in bankruptcy is a bankruptcy judge’s approval of a plan of reorganization or liquidation in certain types of bankruptcies. This article has been written to help the layman better understand the concept of the confirmation process found in bankruptcy. Continue reading

Voluntary Filings in the Bankruptcy Process

In bankruptcy law, there are different types of chapters within bankruptcies, but there are only two ways these types of bankruptcies can be filed- voluntarily or involuntarily. Most bankruptcies filed are voluntary filings in the bankruptcy process. Continue reading

Understanding the Role of the Trustee During Bankruptcy

Understanding the role of the trustee during bankruptcy is an important concept to new filers because the term trustee is bandied about and used for different responsibilities in different types of bankruptcies. Continue reading

Why File Bankruptcy as a Small Business Under Chapter 11?

According to the U.S. Census Bureau, small businesses employing four employees or less represent about 93% of the total gross income made by all businesses in the United States. The greatest majority of small businesses fail before they ever reach the age of five years old, and many of them are forced into bankruptcy protection. Why should a small business debtor file for bankruptcy protection under a chapter 11 instead of some other type of bankruptcy? Continue reading

Student Loan Expense Not Considered in Means Test

A means test was instituted in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The idea of the bankruptcy changes was to make it harder for serial filers to abuse the system while offering token protection for consumers. Since a student loan is not considered a living expense under the means test, I find the law somewhat obfuscating the intent of protecting consumers. Continue reading