Category Archives: Chapter 13 Bankruptcy

Using Bankruptcy to Get Your Car Back

Car Being Towed Away

By South Carolina Bankruptcy Lawyer Lex Rogerson If your car has been repossessed, filing chapter 13 can make the creditor give it back. In a ruling that agrees with most other courts, the U.S. Court of Appeals for the Second Circuit held in May that a creditor who repossesses a car or truck must return…

More Chapter 13 Math

You can calculate your unsecured creditor payment in chapter 13.  This is the gist of your case. Your plan of reorganization is characterized by the percentage that this class of creditors will receive. When I talk with the chapter 13 trustee about your plan it is described as the percentage to be paid to unsecured…

Employer Not Deducting Enough For Pay Order

In each chapter 13 case I will get a phone call that goes something like this:  “Hello, Mr. Balena?”  “This is Sample Client. You filed a chapter 13 for me.”  “My pay check deduction is not enough for my plan payment.” Why would you as a client even suspect that? The pay order approved by…

Chapter 13 Pay Order Fail

A failure to follow a chapter 13 pay order is something I have witnessed twice within the past year.  On one occasion it was on the debtor, and the other time it was on the employer. In each instance there was a confirmed plan and a pay order in effect. In one situation the employer…

401k Payroll Deduction To Reduce Chapter 13 Plan Payment

You can use your 401k payroll deduction to reduce your chapter 13 plan payment dollar for dollar. It may be hard to believe, but you may be part of the community who has excess income for bankruptcy purposes. Excess income is determined in the following ways: The good-faith income test In a chapter 13 the…

Foreclosure Rescue Fraud, Don’t Fall For It!

Foreclosure rescue fraud is not something you should be paying money into if you are behind on your mortgage, and receive a foreclosure complaint in the mail. I understand. You are panicking and scared. You do not know where to turn. The mortgage is six months behind. The postman just delivered a huge packet of…

Streamlined Mortgage Loan Modification Approval in Cleveland Chapter 13 Cases

Mortgage loan modification approval has been streamlined in Cleveland chapter 13 cases.  If you are a debtor in the Northern District of Ohio in Cleveland, the court and trustee created an expedited procedure to approve your mortgage loan modification.  This is hot off the presses.  Each player in the process as a separate role to…

Will Co-Debtor Stay Protect Your Cosigner?

A co-debtor stay will protect your cosigner if you take the proper steps.  Your buddy or relative asked you to cosign so he could get a loan.  He now needs to file a bankruptcy.  You heard the filing can protect you.  You first need to understand how it can happen. He must file a Chapter…

Chapter 13 Dismissed? Avoid The Repo Man

You need to avoid the repo man if your chapter 13 case is dismissed.  Previously I discussed the things that can happen if your chapter 13 case is dismissed.  I think you will agree that the worst result is the loss of your car.  We are not in the kind of community where owning a…

Chapter 13 Can Be Dismissed

Chapter 13 cases can be dismissed following confirmation while they are pending.  Normally this step is taken by the Chapter 13 trustee himself.  When he does money is the issue.  For some reason you have might failed to make plan payments when due.  Commonly it happens if you or your spouse loses a job or…