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 […]
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
Trackbacks (0)
Filed under Bankruptcy Basics, Bankruptcy Code, Bankruptcy Courts, Chapter 13 Bankruptcy, Chapter 13 Plans, Helpful Information, Important Terms, Plan Payments, Uncategorized
May08
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 […]
By Brian Allen
Tags: Debt Relief Agency, Debtor, Definitions, Fresh Start, Reorganization Plan
Trackbacks (0)
Filed under Automatic Stay, Bankruptcy Basics, Bankruptcy Code, Bankruptcy Trends, Chapter 11, Chapter 13 Bankruptcy, Chapter 13 Plans, Chapter 7 Bankruptcy, Important Terms, Plan Payments
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 […]
