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Tag : chapter

Ransom’s Key Means Test Case to be Decided By Supreme Court

Chapter 13

 In Chapter 7 Basics, I wrote briefly about the means test that was created in 2005 under BAPCPA where MBNA Bank, N.A. worked hard to make it more difficult for consumer debtors to qualify to file bankruptcy under Chapter 7 and created more disposable income to pay creditors under Chapter 13. It’s interesting to note […]

Bankruptcy Can Be Cheaper, Better, and Faster than Debt Settlement

Bankruptcy Law Overview, Chapter 13, Chapter 7, Taxes & Bankruptcy

I know what you’ve been told because I have heard it all too.  The government wants you to do your very best to avoid bankruptcy at all cost.  Bankruptcy is bad; or at least, a harsh remedy to dealing with debt, and should be your last resort.  We have all bought into this ‘agreement reality’ […]

Creditor Fraud On The Court Through Fake Documents

Chapter 7

On May 16, 2010 Max Gardner published a blog article entitled, Fake Documents and Fraud on the Court.  We are in the midst of a national foreclosure crisis and debtor’s counsel throughout the nation are finding themselves defending their clients, not just against losing their home, but losing their home because their lender manufactured fake […]

Projected Disposable Income in Chapter 13

Chapter 13

In determining “projected disposable income” for the purposes of creating a chapter 13 bankruptcy plan, how do we deal with debtors whose incomes have changed?  Can we just disregard that huge bonus you received; or what happens when your income goes up, or down during your bankruptcy?  How should we deal with that car you […]

Temporary Foreclosure Relief enacted in California

Bankruptcy Law Overview, Chapter 13, Foreclosure, Modifications

The following information has been provided by the  Insolvency Law Committee – Business Law Section of the State Bar of California.  The bulletin was prepared by Gary Kaplan, Special Counsel at the law firm of Farella Braun + Martel LLP in San Francisco.  In the bulletin, Gary Kaplan writes, “On November 30, 2009, the Departments […]