The beauty (and the ugly) of a chapter 13 bankruptcy, as experienced by a lawyer
I was in court this morning for a case of mine. It was scheduled for the dual purpose of confirmation of the chapter 13 plan, and the trustee’s motion to dismiss. It seems counterintuitive that the same case can be scheduled for a hearing before the court for two things, each seeking the polar opposite […]
KEEP READING . . .How You Can Use Bankruptcy to Discharge Divorce-based Debts
Often when reading a news story concerning bankruptcy, it’s framed as a debtor having hit “rock-bottom” in their finances, or some celebrity that didn’t know how much they were paying and to whom. While that approach is true in some cases, bankruptcy relief can be a very good strategic tool for many people.
KEEP READING . . .Sometimes, (in bankruptcy) letting go is the best thing
People often tend to let their emotions govern their choices, especially in legal matters. It’s ultra-common in divorces, where the parties would rather battle over some issue, keeping the case open another few years and increasing attorneys fees, rather than coming to a sensible resolution. (I once saw a conference where the parties decided to […]
KEEP READING . . .Chapter 13 Bankruptcy Debtors MAY Object to Claims Filed Post-Confirmation
Chapter 13 bankruptcy offers debtors a flexible and versatile way to deal with debts, especially when they may not qualify for chapter 7 bankruptcy, or are attempting to obtain a result not available in chapter 7 cases. For sure, there may be bumps in the road, especially when institutional creditors file documents attempting to obtain […]
KEEP READING . . .Bank Tries to Disregard Loan Modification Agreement that IT OFFERED in Bankruptcy Court!
“Wow!” That was all I could think after reading this case. Unfortunately, poor lender practices, especially in the foreclosure and bankruptcy context, have become all too common. If you or someone you know had been dealing with a foreclosure, then you might be aware of the challenges that had to be overcome to gain some […]
KEEP READING . . .New Bankruptcy Forms Starting December 1, 2015
As of Tuesday, December 1, 2015, bankruptcy cases filed must be filed with new official documents. The new documents are (allegedly) “easier for debtors to understand and complete,” and designed to facilitate some technical enhancements that will be coming to the court electronic filing system in the near future. A quick glance at the new […]
KEEP READING . . .Pro Se Pitfalls: 5 Issues a Pro Se Bankruptcy Filer MUST Understand Before Filing a Bankruptcy Case
Many people shudder at the idea of having to spend money on dreaded attorney’s fees. Especially with respect to civil matters, such as bankruptcy, people look for ways to avoid spending money on legal services. While everyone has the right to represent themself in any legal matter, people must also understand that the laws and […]
KEEP READING . . .Case Review: The Impact of Divorce Judgments on Real Property in Bankruptcy
I saw this fairly common fact pattern once while I was sitting in state court waiting for my case to be called. I was watching a conference on a post-judgment divorce case. The wife had filed papers against her former husband alleging that he was breaching the terms of the settlement agreement because he was […]
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