Chapter 13 Bankruptcy Brings Relief Employed People Everyone has the right to file for bankruptcy protection if they cannot afford to pay their debts, but not everyone will get a substantial amount of debt relief out of it, and not everyone is eligible to file under every section of the bankruptcy code. Chapter 13 bankruptcy…

Chapter 13 bankruptcy is a powerful tool that can help individuals who are struggling with unmanageable debts to regain control of their finances and get a fresh start. However, filing for Chapter 13 bankruptcy means entering into a complex legal process that involves working with a bankruptcy trustee. Many people wonder if the trustee will…

If you filed for Chapter 13 bankruptcy but are struggling to keep up with the payments outlined in your debt repayment plan, you may not know what you can do to resolve the issue. Fortunately, there are several options available for those who cannot make their Chapter 13 bankruptcy plan payments that can help ease…

The decision to file for Chapter 13 bankruptcy is one that should not be taken lightly. It will take a lot of hard work and dedication, but it can be very beneficial in the long run. One crucial question to consider when considering Chapter 13 is whether there are any benefits and drawbacks associated with…

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…

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…

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…

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…

You were married with a family. Now you have finished a difficult divorce. The circumstances exhausted you and caused much heartache. Not only was it emotionally taxing, it was also financially draining. You and your spouse were living together under one roof and both of you contributed to the household costs. Then you split from…