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A Chapter 13 Bankruptcy is also called a wage earner’s Plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the Debtor ‘s current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period “for Cause .” If the debtor’s current monthly income is greater than the applicable state median, the plan generally must be for five years.
As a general rule, you cannot discharge back taxes in bankruptcy. Certain income taxes, however, can be discharged under limited circumstances...
Be careful if you settle any credit card debts before filing bankruptcy because you may convert a debt that is dischargeable in bankruptcy into a non-dischargeable debt...
Example brief where issues include relocating out of state with children in a custody dispute.
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Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully...
What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type of debt. The cap applies to all creditors, meaning 25% is the most that can be withheld at any one time. Garnishments, however, are not limited to wages and can involve one time garnishment of bank accounts or personal property.
You’ve fallen behind on your mortgage. The bank is demanding payment of the arrearages immediately. You don’t have the money but want to stay in your home. What can you do? First of all this is a common problem. Borrowers who fall behind on their mortgage are often hit with late fees and penalties that makes catching up seem impossible. To make matters worse, once you’ve fallen a few months behind your lender will “accelerate” the loan demanding the full principal balance to reinstate and avoid foreclosure...
Employers are not permitted to take adverse action against their employees who file for bankruptcy. Debtors are protected by 11 U.S.C. sec. 525(b). Section A applies to governmental units and Section B applies to private employers. In all my years of practice, I have never had to bring an action or even threaten to bring an action under Section 525. Most employers understand the stress their employees are under and are not insensitive to their plight. More people have filed for bankruptcy than you think...
In Chapter 13 bankruptcy, you get to keep your car and pay off your car loan through a repayment plan. Further, you may even be able to reduce the principal balance and interest rate on your car loan. Read on to learn more about what happens to your car in Chapter 13 bankruptcy....
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