Years back I had a man who had his DWI reduced and he failed the driver intervention program. He failed on the first question of the test. They asked, “What is the first thing you do when you get into your car?” His answer: ”Turn on the jams (radio).” Lacks a certain amount of common…
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…
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…
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…
You finally decide to file bankruptcy. I do not expect you to be a lawyer, or to even know the law. There are two things you should never ever do financially, especially in the lead up to bankruptcy. Each basically involves debt consolidation instead of bankruptcy. When should you do them? NEVER! The things you…
Life insurance enjoys special treatment in bankruptcy. To begin, there are two basic types: Term life, and Whole life Term Life Insurance This type of life insurance I what most people have. It is the kind that if your employer will often provide as a benefit. Typically it has a far lower premium than it’s…
Involuntary chapter 7 bankruptcy happens when a creditor files against you in bankruptcy court to force the sale of your non-exempt assets to satisfy a debt. Not just any creditor can file such a proceeding against you: You cannot have more than 12 unsecured creditors. The filing creditor must have a non-contingent, undisputed unsecured claim…