363 Sales

Admin on February 4, 2017 Posted in Bankruptcy Law, Blog, Chapter 13 Bankruptcy

Upon filing a bankruptcy case, “all legal or equitable interests of the debtor in property as of the commencement of the case” becomes the property of the bankruptcy estate. If bankruptcy estate property is to be sold, such a sale is termed a “363 sale,” or a bankruptcy sale. A 363 sale is based on […]

Chapter 13 Bankruptcy Eligibility

Admin on January 19, 2017 Posted in Bankruptcy Law, Blog, Chapter 13 Bankruptcy

Bankruptcy is an option for individuals struggling with mountains of debt because it provides honest debtors with a clean slate. The clean slate, in legal terms, is a discharge. The bankruptcy process provides that a debtor can discharge his or her debt so that the debtor is no longer obligated to repay certain creditors. One […]

Lien Stripping in Chapter 13

Admin on November 5, 2016 Posted in Chapter 13 Bankruptcy

Consumers dealing with large debt and minimal prospects of repaying that debt often turn to bankruptcy to get a fresh start. Through the bankruptcy, the debtor can emerge debt-free and not have to live with collection calls and worries. The United States Bankruptcy Code (the “Code”) is confusing. What’s more, there are various types of […]

Adequate Protection in a Chapter 13 Case

Admin on September 17, 2016 Posted in Bankruptcy Law, Chapter 13 Bankruptcy

Creditors that hold debts secured by depreciating personal property, such loans secured by cars and boats, are entitled to receive “adequate protection” payments while a debtor undergoes the bankruptcy process. The underlying theme of adequate protection is designed to protect an entity from a decrease in value of its interest in property of the estate […]

Modification After Confirmation of Chapter 13 Plan

Admin on August 12, 2016 Posted in Blog, Chapter 13 Bankruptcy

The Bankruptcy Code provides debtors, unsecured creditors, and trustees the capacity to modify a chapter 13 plan, even after confirmation, due to changed circumstances. Modification, under of a Chapter 13 plan must be made post-confirmation of the plan and pre-completion of payments. A debtor, chapter 13 trustee or creditor holding an unsecured claim may request […]

The Discharge

Admin on July 29, 2016 Posted in Blog, Chapter 13 Bankruptcy

For chapter 13 debtors in general, garnering a discharge is the goal of filing for Chapter 13 bankruptcy, which cannot be achieved for at least three to five years. In many cases, a debtor may not achieve a discharge at all. Procedure to Achieve a Discharge Procedurally, a chapter 13 debtor is entitled to a […]

Good Faith and Chapter 13

Admin on July 21, 2016 Posted in Blog, Chapter 13 Bankruptcy

To confirm a Chapter 13 plan, the Bankruptcy Code requires, among other things, that a proposed plan can be confirmed if it “has been proposed in good faith.” The term “good faith” is ambiguous and has never been conclusively defined. Consequently, the good faith requirement is the most heavily litigated provision of a Chapter 13 […]

Basics of a Chapter 13 Plan

Admin on July 12, 2016 Posted in Bankruptcy Law, Blog, Chapter 13 Bankruptcy

The United States Bankruptcy Code details certain mandatory provisions for every chapter 13 plan and several permissive provisions that a debtor may include. First and most importantly is that a debtor must submit to the trustee all or a portion of future earnings or income necessary to execute the plan. Second, the plan must provide […]

Conversion of Chapter 13 Plan

Admin on July 9, 2016 Posted in Bankruptcy Law, Blog, Chapter 13 Bankruptcy

Both the initial filing of a chapter 13 petition and the debtor’s continued participation is voluntary. At any time, the debtor may elect to convert the case to chapter 7 if cause exists. A debtor may also dismiss the chapter 13 case provided that it was not previously converted from another bankruptcy chapter.   Process […]

Chapter 13 Postpetition Debt

Admin on July 1, 2016 Posted in Bankruptcy Law, Bankruptcy News, Blog, Chapter 13 Bankruptcy

Generally, bankruptcy reorganization is applicable to prepetition debt, which refers to liabilities arising prior to the bankruptcy filing, not postpetition debt. Chapter 13 bankruptcy provides an exception to that rule. A Chapter 13 debtor, under certain circumstances, can include postpetitition consumer debt and taxes in the Chapter 13 plan. This requires trustee approval and that […]