Apr26
A Chapter 13 is reorganization. The debtor, the individual or husband and wife filing the bankruptcy, maintain(s) possession of their exempt and non-exempt and pay(s) to the Chapter 13 trustee their disposable income for a period of at least 36 months and up to 60 months. In most cases, disposable income is the difference between […]
Mar24
ISSUE: IN CALCULATING DISPOSABLE INCOME FOR CHAPTER 13 SHOULD COURT CONSIDER ACTUAL INCOME/EXPENSES OR LIMIT INQUIRY TO HISTORICAL FIGURES?
Hamilton v. Lanning
Argued: 3/22/10
No. 08-998
Court Below: 545 F.3d 1269 (10th Cir. 2008)
[Summarized by: Cameron Soran]
Full Text:
http://www.scotusblog.com/wp-content/uploads/2009/10/08-998_ca10.pdf
BANKRUPTCY (Whether when calculating the debtor’s projected disposable income during the plan period, the bankruptcy court may […]
Feb09
From:http://morganking.com/academyfolder/thisweekhotwire.htmL
COURT LETS CASE AGAINST CHASE FOR FRAUD ON THE COURT TO PROCEED
In re Woodruff Case no. 02-81159 (Bkrtcy.M.D.Ark […]
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
