Chapter 13 Bankruptcy Monthly Payments Based Upon Disposable Income

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[NAME OF CLIENT], THE TWO MAIN FACTORS THAT CAN DETERMINE A DEBTOR OR DEBTORS’ MONTHLY CHAPTER 13 PAYMENTS, ARE THE DEBTORS’ ASSETS AND THE DEBTORS INCOME. DEBTOR OR DEBTORS’ ASSETS IN A CHAPTER 13 BANKRUPTCY, THE DEBTOR MUST PAY HIS OR HER UNSECURED CREDITORS AN AMOUNT EQUIVALENT TO WHAT SUCH UNSECURED CREDITORS WOULD RECEIVE IF THE DEBTOR FILED A CHAPTER 7 BANKRUPTCY. WHEN A DEBTOR FILES BANKRUPTCY, THE BANKRUPTCY ESTATE IS CREATED. THE BANKRUPTCY ESTATE INCLUDES ALL OF THE DEBTOR’S INTERESTS IN ANY PROPERTY. SUCH Read More +

Tampa Bankruptcy Attorney Explains Bankruptcy Options

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If you are in debt, bankruptcy might present an option. Many today are struggling with mortgage and automobile payments, credit cards, and other debts. Due to mandatory and voluntary shutdowns of many small and larger businesses during this time of what is often referred to as the coronavirus pandemic, the economic toll has been dramatic. Chapter 7 Bankruptcy will often help relieve a Debtor of unsecured debt, such as credit cards, medical bills, signature loans, phone bills, and other such debt. Such debt is called Read More +

Determining Applicable Exemptions in Bankruptcy

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STEPS 1. Bankruptcy Code Section 522 states that in determining what Exemptions the Debtor shall apply, whether Federal or State Exemptions, one must refer to Bankruptcy Code Section 522(b)(3)(A). The applicable Bankruptcy Section states that the Domicile of the Debtor for the 730 days preceding the filing of the Bankruptcy Petition determines the applicable Exemption. Domicile is generally defined as the place where the Debtor intends to make his or her permanent home. 2. If the Debtor’s Domicile was not in a single State for Read More +