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…
A fee only chapter 13 plan is one in which there is zero or very little money to pay creditors in a chapter 13 plan. It is not to be confused with a zero percent plan where secured and priority creditors are paid, but general unsecured creditors get nothing. Why would anyone propose such an…
Your bankruptcy trustee does not work for the court. It is a common public misconception that he does. When you file bankruptcy normally your only contact with the system is the meeting of creditors. The assigned bankruptcy case trustee presides over it. The creditor meeting is a part of your case that is required by…
The repo man is one of the best reasons to see a bankruptcy lawyer. I have run into two situations lately that deserve comment here. The first involved a former client. I did two chapter 13 cases, the last of which he converted to chapter 7. He had the same motorcycle through both cases. He…
Venue in bankruptcy court is the location in which your case will be filed and heard. Just like anything else this is controlled by a provision of the bankruptcy code. The rules for venue are simple. Venue is proper in the judicial district where for the 180 days prior to filing your petition you have…
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…
Eight years between Chapter 7 bankruptcy cases. Many who come to me really don’t pay attention to what was taken away from them by government in bankruptcy reform. Few understand the years required between their old and their new bankruptcy cases. These break into four classes: Eight between filing chapter 7 bankruptcy cases. Six between chapter…