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…
If you are a spouse. a former spouse or an ex the bankruptcy code has something for you! You figure into the scheme of things in a variety of ways. For more topic specific explanations click the links within each paragraph: Present spouse Joint bankruptcy filing Married couples can file a bankruptcy case, even if…
Return a phone call to your client. What a novel concept. I have had two situations over the past few years where frustrated people had chapter 13 lawyers who would not return their calls. One of them posted a testimonial on my home page. Each of these poor people had different lawyers. I refer to…
Your cosigner has some big problems if you file bankruptcy. First of all let’s talk about who a cosigner is. Remember when you couldn’t get that loan unless someone signed the loan for you? Most typically this involves car loans, or if you had been arrested, a bail bond. When someone signs with or for…
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…
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…
Should there be a bankruptcy before your wedding? You planned everything else to a tee. What about your finances after marriage? I have seen a number of situations in which one or both of the newlyweds could benefit immensely from either a chapter 13 or a chapter 7 filing before marriage. In each case the…
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…