Tag Archives: Law

When Laws Clash During Bankruptcy Cases

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When laws clash. (Photo credit: Wikipedia)

The American Airlines bankruptcy case has become a primary example of how bankruptcy laws can sometimes clash with other federal laws. The Department of Justice has filed an antitrust violation against the airline giant at the same time the corporation wants their chapter 11 bankruptcy reorganization plan confirmed. There is a lot at stake for both sides of the argument. 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

Metaphors in the Language of Bankruptcy

Bankruptcy law can be complicated and confusing to the average layman. That is why the American judicial system certifies lawyers that have been educated in the field of bankruptcy law. Bankruptcy attorneys are formerly trained to help the average layman better understand bankruptcy laws so the layman can make informed decisions when going through the judicial system available to them. To complicate the issues, there are metaphors in the language 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

Gray Areas of Bankruptcy Law Within a Chapter 13

 

There are over 300,000 federal and state criminal laws in the United States, and there is an uncountable number of federal and state civil laws. Bankruptcy law falls in both the federal and state civil and criminal law status. When it comes to bankruptcy law, there should really be no wonder there are gray areas within all of these civil and criminal laws. Add a complicated type of bankruptcy, like a chapter 13 bankruptcy, to the mix, and you have a major recipe for gray areas within bankruptcy law. Continue reading

When Things Change in a Chapter 13 Plan

A chapter 13 bankruptcy is basically a reorganization plan for individuals or married people who file jointly. The idea is to take what disposable monthly income you make and pay off as much unsecured debt as you can over either a 3 or 5 year plan. What happens when things change in a chapter 13 plan?

Artwork made for Ray Stannard Baker's (nome de...

Are You Content with Your Chapter 13 Plan? Adventures in Contentment. (Photo credit: Wikipedia)

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Back Taxes and Receiving Refunds in a Chapter 13 Bankruptcy

Payment for back taxes are usually built into a chapter 13 bankruptcy plan. Most taxes are exempt from bankruptcy discharge and in order to pay the claims back, receive priority payment status in any bankruptcy plan. The arrears occurring prior to the bankruptcy filing date are built into the plan. Where does a tax refund go when a debtor is in a chapter 13 bankruptcy plan? Continue reading