Archives for August 2014

Will My Employer Know About My Chapter 13?

This video talks about your employer as it relates to your Chapter 13 bankruptcy filing. Jesse Barrientes: Well, Dave, what happens – you’d mentioned before about payroll control where the money is coming out. If I didn’t do payroll control, would my employer find out? Obviously if I’m doing payroll control, they’re going to know. But if I didn’t want to do that? David Siegel: Well, your employer only needs to find out if you are either on payroll control or if there’s a garnishment pending and therefore we need to send proof of your Chapter 13 bankruptcy filing to your employer to stop the garnishment. Otherwise your employer does not need to know. Your neighbors don’t need to know. + Read More

What Are The Costs Associated With Filing Chapter 13?

This video talks about the costs associated with filing a Chapter 13 bankruptcy case. David Siegel:               What is it, other than paying the stuff back, what is it going to cost me in terms of attorney’s fees, court filing fees and I’m just guessing that the trustee is going to have to be paid. Jesse Barrientes:         Right.  The way it works right now and this is forever changing, the filing fee for a Chapter 13, anywhere in the country, the court cost is $281.  The attorney’s fees are going to vary by jurisdiction.  But here in the northern district of Illinois, the judges have adopted what’s known as a model retention agreement which provides for a flat fee of $4000 over + Read More

Dismissing A Chapter 13 Bankruptcy Case To Re-File

This video talks about the ability, at times, to dismiss a Chapter 13 bankruptcy case in order to re-file another Chapter 13 bankruptcy case. Jesse Barrientes:         Let’s take the situation that we were talking about before about getting credit.  So if we are getting credit for an automobile, let’s say that it becomes difficult for me because of the reasons you said.  Can I dismiss my 13 and refile it?  David Siegel:               You can. Jesse Barrientes:         And include that automobile that before was post petition? David Siegel:               Yes, if you dismiss your case and then refile, you are basically starting over.  That new filing date controls.  However, if you + Read More

Paying Off A Chapter 13 Bankruptcy Plan Early

This video talks about the ability to pay off a Chapter 13 bankruptcy case early.  There are times when this is not a good idea. Jesse Barrientes:         Well, Dave, what happens if we are in this plan here for a couple years and let’s just say that I have inherited some money.  And you know what?  I never wanted to do a bankruptcy in the first place.  I just didn’t have much of a choice.  But now I find myself in a position where hey, guess what.  I can pay everybody off. David Siegel:               If your case is paying back 100% anyway, then you can go ahead and pay it off, just like you are prepaying a mortgage or paying off your vehicle.  If however you are in a 10% or 20% plan + Read More

Obtaining Credit While In A Chapter 13 Bankruptcy Case

This video talks about obtaining credit while in a Chapter 13 bankruptcy case. Jesse Barrientes:         What happens if – because it’s going to be lean living during this time.  What happens if I need to get credit?  If I’m going to be able – if I’m locked into this plan for three years or five years, and I need – I probably shouldn’t, not the greatest idea but I need credit, Dave.  Help me out. David Siegel:               Well, you are not going to get general credit for credit cards are things like that but what you will see is a case where someone has a vehicle in a bankruptcy Chapter 13 and the vehicle becomes in disrepair where it cannot run.  That person needs transportation to + Read More

Keeping Property In A Chapter 13 Bankruptcy Case

This video talks about keeping all of your property in a Chapter 13 bankruptcy case.  However, the debtor could elect to surrender property as well.  It really depends upon the desires of the debtor. David Siegel: Does someone get to keep all of their property when they are in a Chapter 13 or do they have to give up some property in exchange for this reorganization? Jesse Barrientes: Typically they get to keep all of their property. I suppose there have been some instances and I think I was referring to that before where you have people that are all over. People – low-wage earners and really high wage earners. And when you get to the top nonchalant or if somebody’s got 12 cars, yeah, + Read More

Creditor Objections In A Chapter 13 Bankruptcy Case

This video talks about creditors and their acceptance or rejection of a proposed plan. David Siegel: Let me ask you this, Jesse. Do creditors object to your plan for your organization or do they just accept it? Jesse Barrientes: It depends on the creditor. Sometimes they object. Essentially, and we talked about this which is similar in a Chapter 7. It’s a 341 Meeting. It’s essentially the same, Meeting of Creditors. But this is a meeting with the trustee to approve the plan. And I’ve seen some trustees for example; they want to maximize what it is. So let’s say for example that part of the money that’s coming out, okay, is voluntary contributions to your pension. Well, unless it’s what + Read More

Is The First Plan Payment Required In A Chapter 13?

This video talks about the desire to have the first plan payment in hand when filing a Chapter 13 bankruptcy case.  It is required by my office in most cases.  There are some exceptions. Your office, Dave, you also do the first plan payment as well. Do you not? David Siegel: What I like to do in many cases is get first plan payment that’s going to go to the trustee upfront. The reason for this is its good faith, it shows the trustee when you go to meet him that you’ve already got one payment in the till, you show that you have the ability to pay and it also softens the creditor objections to a certain extent. Someone is not going to allege bad faith if you already can show that you + Read More

How Do I Pay The Chapter 13 Trustee?

This video talks about the method of paying the Chapter 13 Trustee.  Payroll control is the best way to have success in your Chapter 13 case. Jesse Barrientes: So how do I pay the trustee? Do I send them a check? A money order? How does that work? David Siegel: Well, if you are gainfully employed and you are working for an employer, then I’m going to mandate payroll control and that’s where the money comes directly out of your payroll check to the trustee. Jesse Barrientes: Does it have to come out? David Siegel: It has to come out through my office. I’m not going to do a case if you’re not going to go on payroll control because that basically tells me you don’t have a desire to + Read More

How Is The Chapter 13 Payment Amount Determined?

Your budget as compared to IRS standard allowances is going to determine, in part, how much you pay back to creditors over the life of your plan.  The video below touches upon that notion. Jesse Barrientes: Well, you mentioned the plan payment. How do I go about paying the trustee? So assume now we have gone through the numbers and we know what my disposable income is. And by the way, that’s pretty lean, right? There’s nothing else built in that budget. There’s nothing for entertainment or anything else. I’m going to be living lean for that period of time. David Siegel: Yeah, well, you should be living lean because you are depriving your creditors and making them wait 3 to 5 years. So + Read More