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…
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…
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 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…
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…
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…
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 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…
Your chapter 7 case is now a converted chapter 13. How did you get to this point? Normally you filed a chapter 7 case. After review the United States Trustee decided keeping your case a chapter 7 is presumed to be abusive. In English, please? After crunching the numbers on your means test someone decided…
What can you do if you have an unresponsive bankruptcy lawyer not returning your calls? Two clients had this problem with another bankruptcy lawyer. Each case involving an unresponsive bankruptcy lawyer concerned people in chapter 13 cases. Both were represented by the same attorney. What were the situations? Each chapter 13 plan had been confirmed…