Archives for October 2016

Be honest Be honest with yourself, your attorney, the trustee, the court and anyone else involved in your bankruptcy case. The first question to ask is do you really need the help? Are you someone who has a small amount of debt that is manageable over the course of six months to a year or are you someone who is drowning with insurmountable debt which cannot be remedied on your own?  Once you come to the realization that you need help, you will want to make full disclosure of your assets and liabilities and your statement of financial affairs with your attorney. Your attorney will then be in the greatest position to advise you as to your rights and obligations under either chapter 7 or + Read More

Code Provision There are times when you may need to convert a chapter 13 bankruptcy case to a chapter 7 bankruptcy case. Section 1307 of title 11 USC provides for conversion or dismissal. In essence, under section (a), a debtor may convert a case under Chapter 13 to a case under Chapter 7 at any time. However, there are some restrictions to that general statement. A case may also be converted for cause, including unreasonable delay by the debtor that is prejudicial to creditors, nonpayment of any fees and charges required under Chapter 123 of title 28, failure to file a plan timely under section 1321, failure to commence making timely payments under section 1326, denial of confirmation of a + Read More