Jul14
Since the bankruptcy reform laws were passed in 2005 you will see a lot of lawyers stating that they are a “debt relief agency”. Why is that so, and what does that mean?
Under 11 U.S.C. § 101 a debt relief agency is defined simply as “any person who provides any bankruptcy assistance to an assisted […]
May14
Bankruptcy Basics
Part 3
Limits of Bankruptcy
Some debts cannot be discharged in a bankruptcy.
Running Time: (4:34)
by uscourts.gov
May13
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 […]
By Brian Allen
Tags: chapter 13 plan payments, Dismissal, motion to dismiss, re-file bankruptcy, refile chapter 13, trustee payments, wage garnishments, wage withholding order
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Filed under Bankruptcy Basics, Bankruptcy Code, Bankruptcy Courts, Chapter 13 Bankruptcy, Chapter 13 Plans, Helpful Information, Important Terms, Plan Payments, Uncategorized
May13
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 […]
By Brian Allen
Tags: car, Chapter 13, creditor, delinquent payments, foreclosure, means test, mortgage company, repossession, U.S. Bankruptcy Court
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Filed under Automatic Stay, Bankruptcy Basics, Bankruptcy Code, Bankruptcy Courts, Bankruptcy Trends, Chapter 13 Bankruptcy, Chapter 13 Plans, Helpful Information
May09
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. […]
