Introducing Your Chapter 13 Bankruptcy Trustee’s Role

Undergoing a Chapter 13 bankruptcy is both stressful and time-consuming. You feel as though your life is in the court’s hands as they determine your disposable income and decide upon an amount that’ll be used towards repaying your debts over the next 3 to 5 years. They’re also the ones who will determine whether you can take out any more significant debt during this time. To help oversee these things, as well as others, you have a Trustee appointed to your case. What Your Chapter Read More +

What It Means to File Bankruptcy on A Car Loan

There are a lot of people who mistakenly believe that if they file for bankruptcy, they’ll wipe out their car loan and still keep their vehicle. Unfortunately, this isn’t true. While bankruptcy unwinds your obligation to pay back your car loan, you still need to make payments if you want to keep your vehicle. Here are the answers to a few other common questions regarding this subject. How does bankruptcy work regarding my vehicle? When you file for bankruptcy, the contract that requires you to Read More +

Options Besides Bankruptcy

When you’re struggling with debt, filing for a Chapter 7 bankruptcy or Chapter 13 bankruptcy may be a good option. However, before doing so, you should take some time to see if there are any alternatives available because these could be your best remedy. Negotiate With Your Creditors If you either have some disposable income or you’re willing to sell some of your assets to get this type of income, you should try to negotiate with your creditors before filing for either a Chapter 7 Read More +

Middle District of Florida New Rules and Procedures for Chapter 13 Trustees in Bankruptcy Cases

Recently the Middle District of Florida’s Chapter 13 Trustees updated their expectations and rules of debtors and their counsel. From procedures in reference to tax returns to discouragements, there have been some new hurdles added to getting a bankruptcy confirmed. As a part of the new regulations, the Chapter 13 Trustees are requiring the last four (4) digits of the debtor or debtors’ social security number be redacted, along with the names of any children listed in the tax returns. Also, any account numbers on Read More +

Chapter 13 Bankruptcy Monthly Payments Based Upon Disposable Income

[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 +

Procedure for Debtors Seeking Early Payoff in A Chapter 13 Bankruptcy

1. THE CHAPTER 13 BANKRUPTCY MUST AT LEAST BE CONFIRMED BY THE BANKRUPTCY JUDGE AND AN ORDER GRANTING THE CONFIRMATION OF THE CHAPTER 13 PLAN FULLY ADMINISTERED. 2. A WRITTEN STATEMENT, DATED, SIGNED AND NOTARIZED, BY THE PERSON(S) OR INDIVIDUAL(S) OFFERING TO ASSIST (THE PAYOR). THE DEBTOR OR DEBTORS IN AN EFFORT TO PAYOFF THE CHAPTER 13 BANKRUPTCY BEFORE THE EXPIRATION OF THE CHAPTER 13 PLAN. THIS LETTER MUST CONTAIN: *PAYOR’S FULL NAME AS STATED ON THEIR SOCIAL SECURITY CARD AND/OR BIRTH CERTIFICATE *THE PAYOR’S Read More +

Bankruptcy Fraud

Bankruptcy Fraud encompasses many different elements related to Bankruptcy Law. Bankruptcy Fraud can appear in many different forms. A Bankruptcy Practitioner can spend a lifetime focusing his or her practice solely on the representation of clients, either debtors or creditors, in matters relating to Bankruptcy Fraud. Bankruptcy Fraud can be discerned more clearly by the actions of a debtor that demonstrate an actual intent to commit Bankruptcy Fraud. The debtor that announces his intent to commit Bankruptcy Fraud is not common. Real life does not Read More +

Copyrights in Bankruptcy

Under bankruptcy law, copyrights and patents are considered assets.  An author of a book who has copyrighted such book or a songwriter who has copyrighted his or her song or songs are considered under bankruptcy law, to possess an asset.  Depending upon the value of such an asset, a debtor may find such asset sold by the bankruptcy trustee in a Chapter 7 bankruptcy.  In a Chapter 13 bankruptcy, the bankruptcy trustee will want a determination of the value of the asset.  If such asset’s Read More +