Chapter 13 BankruptcyA

Chapter 13 Bankruptcy
A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with a regular income to develop a plan to repay all or part of their debts.

Planning: Why This Bankruptcy Lawyer Often Charges More

Tommy needs to file bankruptcy.

The Means Test and the Marital Adjustment

In In re Pamela Persaud, case No. 12-43602-CEC, US Bankruptcy Court, EDNY, February 4, 2013 involved the Means Test, the presumption of abuse and what expenses can be deducted in calculating the Means Test. On Line 17 of the Means Test, the Debtor deducted $5,742.19 form the total monthly income as a "marital adjustment", which she claimed is income of her husband that was not regularly contributed for household expenses.

Another Case Where a Rent Stabilized Lease was sold by a Bankruptcy Trustee

In re Mary Veronica Santiago-Monteverde No. 11-15494 (JMP) SDNY April 10, 2012,  is another case where a bankruptcy judge in the Southern District of New York held that a bankruptcy trustee was allowed to sell a debtor's rent stabilized lease to her landlord. Ms. Mary Veronica Santiago-Monteverde  lived in the East Village, in New York and after she filed for chapter 7 bankruptcy, her landlord, East 7th Street Development Corp. made an offer to the Bankruptcy Trustee to purchase her interest in the lease.

Bankruptcy Glossary Aadversary

Bankruptcy Glossary
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adversary proceeding

A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. A nonexclusive list of adversary proceedings is set forth in Fed. R. Bankr. P. 7001.

assume

An agreement to continue performing duties under a contract or lease.

automatic stay

Unfiled Tax Returns and Bankruptcy

Can You File Bankruptcy If You Have Unfiled Tax Returns?  Yes, but it’s a bad idea.  However, there is a solution.  In addition to practicing bankruptcy law, I am a tax lawyer as well.  I can prepare and file your tax returns for you, and make sure that your case is setup to handle any tax issues.
If you think that you owe back taxes the IRS, we need to get your tax returns filed as soon as possible.  There are a variety of solutions to tax debt that are available to you, but they all require you to get all of your late returns filed.
Chapter 7

So you stopped that foreclosure by filing a bankruptcy case. Now what?

Filing a bankruptcy case is the first step in stopping a foreclosure on your home and the imposition of the “automatic stay” on collection activity stops the mortgage lender dead in their tracks, but for how long? Not long enough unless you do what the Bankruptcy Code requires. Make your post petition mortgage payments on [...]The post So you stopped that foreclosure by filing a bankruptcy case.

Unfiled Tax Returns and Chapter 13

unknown tax liability and chapter 13 bankruptcyChapter 13 bankruptcy cases filed in the Northern District of Georgia cannot be confirmed by the bankruptcy court judge if the IRS or State of Georgia files docume

Fannie Mae Loss Mitigation Options

Government-sponsored enterprise Fannie Mae, which owns or guarantees a substantial proportion of U.S. home loans, lists and explains the Fannie Mae loss mitigation options available to borrowers experiencing financial hardship.  The 20-page table can be found online 

But I Surrendered that Property in My Bankruptcy!

Bankruptcy gets you out of debts you don’t want, but not stuff you don’t want.
It doesn’t force the finance company to tow your car.  Or the timeshare people to foreclose the timeshare.  And it doesn’t make the bankruptcy court take anything.

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