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Atty. Jordan E. Bublick - 1221 Brickell Ave., 9th Fl., Miami, Florida - www. bublicklaw.com

The bankruptcy law regarding the scope of the chapter 13 discharge is complex and has recently undergone major changes. Therefore, debtors should consult competent legal counsel prior to filing regarding the scope of the chapter 13 discharge.

A chapter 13 debtor is entitled to a discharge upon completion of all payments under the chapter 13 plan so long as the debtor: (1) certifies (if applicable) that all domestic support obligations that came due prior to making such certification have been paid; (2) has not received a discharge in a prior case filed within a certain time frame (two years after a prior chapter 13 cases and four years after a prior chapter 7 case) and (3) has completed an approved course in financial management.

The discharge releases the debtor from all debts provided for by the plan or disallowed with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.

As a general rule, the discharge releases the debtor from all debts provided for by the plan or disallowed, with the exception of certain debts referenced in 11 U.S.C. § 1328. Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. To the extent that they are not fully paid under the chapter 13 plan, the debtor will still be responsible for these debts after the bankruptcy case has concluded.

Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for restitution or damages awarded in a civil case for willful or malicious actions by the debtor that cause personal injury or death to a person will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable. .

The discharge in a chapter 13 case is somewhat broader than in a chapter 7 case. Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property (as opposed to a person), debts incurred to pay nondischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankruptcy Cases and Mortgage Modifications (305) 891-4055

Real Estate Property This is the case of Eddie B. who comes to me from Chicago, Illinois, which is located in Cook County, Illinois for a bankruptcy consultation. Eddie has filed a chapter 7 bankruptcy but it’s been over 12 years so he is eligible to file again. He owns a single-family home worth approximately+ Read MoreThe post Bankruptcy Case Study For Eddie B. From Chicago, Illinois appeared first on David M. Siegel.

One of the most interesting, and at times vexing, issues that arises in bankruptcy proceedings involves the jurisdiction of the bankruptcy courts. In 2011, the U.S. Supreme Court weighed in with its noteworthy decision in Stern v. Marshall, in which it held that bankruptcy courts lack the constitutional authority to enter a final judgment on a state law counterclaim that is not related to the bankruptcy proceeding. Since Stern, a number of cases have been published - at both the bankruptcy court and court of appeals level - where Stern jurisdictional issues have been raised and adjudicated. Read More ›
Tags: 6th Circuit Court of Appeals

Second Chance Legal Services is extremely excited to announce the hiring of Zenon Kwik as a new attorney with our firm.  Zenon will be focusing his practice on Estate Planning, Loan Modifications, Debt Negotiation, and Short Sales.  Zenon is a lifelong resident of Madison Heights, a graduate of Wayne State University and University of Detroit Mercy School of Law, and has been a licensed attorney since June of 2008.
With the addition of Zenon, Second Chance Legal Services is expanding our practice areas, however we are keeping true to the core beliefs of the firm.  We are here to provide affordable, quality legal representation for your financial life.  If you would like to schedule an appointment with Zenon to review your estate plan, please call us at (248) 629-6367.