I have seen statistics on the numbers of failed Chapter 13 cases and successful Chapter 13 cases. The number one reason a debtor’s case is dismissed is for delinquent Chapter 13 plan payments. In those cases, the debtor has been authorized to pay the Chapter 13 Trustee the Chapter 13 monthly plan payment. Remember, a […]
Individuals file Chapter 13 Bankruptcy for one or more reasons or a combination of factors. The higher percentage of individuals I have represented file Chapter 13 to stop a foreclosure sale by their mortgage company. Foreclosure sale proceedings are initiated by the mortgagee because the debtors were delinquent on payments to their mortgage company. Another […]
I have a case where the creditor’s attorney sent me a Reaffirmation Agreement. I had never had a creditor’s attorney try to have the creditor’s debt reaffirmed. Moreover, the creditor is over-secured with a deed of trust lien on the debtors’ principle residence. I read Section 524(c)(1) of the Bankruptcy Code. […]
First, we will start at the legal beginning, the United States Constitution. Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies.” Next, we had different bankruptcy acts, until 1978 when Congress enacted the uniform Bankruptcy Code in 1978. The Bankruptcy Code […]
