Category Archives: Chapter 13

Double vision: can a debtor have two bankruptcy cases going on at the same time?

Most people don’t even want to file one bankruptcy case. Why on earth would anyone want to be involved in two (or even more) cases simultaneously? Usually the answer involves a debtor’s desperate attempt to stop a foreclosure auction so they can hang on to their home. Or, from the lender’s point of view, a […]

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Are stimulus checks really exempt from seizure by a bankruptcy trustee?

If the government were to mail out free money, who should get first dibs on it — the recipient or his creditors? What would seem to be an inane question in normal times has become a live issue in the spring of 2020. To fight the massive economic repercussions of the corona virus shutdown, the […]

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How the federal stimulus law will affect Chapter 13 debtors

In response to the unprecedented impact from business shutdowns ordered to battle the Covid-19 virus during the spring of 2020, Congress passed a massive $2 trillion dollar stimulus package in late March. The new bill, which was debated for about a week on Capitol Hill, was quickly signed in to law by President Donald Trump […]

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Extension of Chapter 13 plan payments may be possible through virus stimulus package

The massive $2 trillion stimulus package enacted by Congress and signed in to law by President Trump on March 27, 2020 in response to the economic havoc wreaked by the COVID-19 pandemic contains a few passages that may ease the burdens of debtors in bankruptcy. Nicknamed the CARES Act, for “Coronavirus Aid, Relief, and Economic […]

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The difference between Chapter 7 and Chapter 13

Chapter 7 or Chapter 13 Bankruptcy: What’s the Difference? When individuals file for bankruptcy, one of the first choices they must make is under which chapter of the Bankruptcy Code to file their case. In general, individuals choose to file either under Chapter 7 or Chapter 13. Each of these chapters provides its own set of rules […]

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All about bankruptcy discharges:

During the 12-month period that ended September 30, 2018, more than 760,000 Americans filed for bankruptcy under Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code. These Americans were facing seemingly insurmountable debts, but the bankruptcy process offered them a way out. The way bankruptcy does so is through the discharge, a court order that terminates a […]

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How the bankruptcy court can lower your car payment(s)

While some Americans are able to get by without a personal vehicle, having reliable transportation is necessary to most. Whether it is a means to get to work or to school or to take the kids to soccer practice, a vehicle can be an important part of daily life. It is no wonder that one […]

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Get a super discharge with Chapter 13

In consumer bankruptcy cases, all discharges are not exactly alike. The rules concerning the discharge of debts in bankruptcy are more generous in Chapter 13 cases. A Chapter 13 debt discharge is commonly known as the “super discharge” because the scope of the discharge is broader than the discharge given in Chapter 7 cases. In […]

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Midland Funding survives bankruptcy scare in Supreme Court

Midland Funding, the giant California-based debt buyer, narrowly escaped judgment in the United States Supreme Court in May 2017, when the nation’s highest justices ruled 5-3 that they couldn’t be sued by a bankrupt debtor for filing a stale claim — i.e. a claim involving a debt where the statute of limitations had expired — […]

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Chapter 13 debt limits increase

The upper debt limits for going in to Chapter 13 bankruptcy increased as of April 1, 2016. Chapter 13 debtors must have less than $1,184,200 in secured loans in order to qualify for relief. They also must have less than $394,725 in unsecured loans to qualify. The debt limits are adjusted automatically every three years, […]

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