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
May10
If you reside in one of the cities listed below in Collin, Cooke, Denton or Grayson Counties, you must file your bankruptcy case in the Eastern District of Texas, Sherman Division, located at 660 North Central Expressway, Suite 300B, Plano, TX 75074.
Anna
Blue Ridge
Denton
Frisco
Gainesville
Little Elm
McKinney
Plano
The Plano bankruptcy court is in the Wells Fargo Bank building on […]
Apr29
“Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies.” Under this grant of authority, Congress enacted the “Bankruptcy Code” in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It […]
Apr03
This article is limited to a cram down of an automobile, such as a car or truck in a Chapter 13 bankruptcy case. The Bankruptcy Code in its current version has at least two statutes for Chapter 13 cram downs. The first statute is 11 U.S.C. Section 506. This section allows the debtor […]
