The very first thing you need to do before filing for Chapter13 is to meet with an experienced attorney in your area to talk about your case. Most attorneys will have a bankruptcy questionnaire which you will fill out in advance or at your meeting. The questionnaire is a detailed listing of all of your […]
Author Archives: David M. Siegel
A Chapter13 bankruptcy can be filed by an individual or a joint case husband and wife. Chapter13 cannot be filed by a corporation. In order to file for Chapter 13, an individual must complete several prefiling requirements. The most important requirement is the taking of a credit counseling session. The credit counseling session is a […]
Chapter 13 bankruptcy is reorganization through a Chapter 13 trustee. The reason why many people will file Chapter 13 is to save a home that has gone into foreclosure. Now, the reason why the home fell into foreclosure could be several; in many cases, someone has lost their job, fallen behind on their bills and […]
You do not have to hire an attorney to file for bankruptcy; however, I would strongly recommend that you do so. You do have the ability to fill out forms online or from an office supply company, go down to the clerk’s office and attempt to handle a Chapter 7 or Chapter 13 bankruptcy case […]
Chapter 13 bankruptcy is one form of bankruptcy under the United States Bankruptcy Code whereby someone reorganizes their debt and pays back either all or a portion of the debt over a 3 to 5 year period. Chapter 13 is most commonly used to save a home that’s in foreclosure. In a Chapter 13, a […]
Typically student loans are going to be non-dischargeable. A non-dischargeable debt is a debt that is not going to be eliminated in a bankruptcy case. Student loans are the type of debt that are typically non-dischargeable except for extreme hardship cases. In my 21 years of practice, I have never had an extreme hardship case […]
Chapter 7 is a liquidation fresh start type of bankruptcy whereby a person who has very little in the way of assets and a lot of unsecured debt can file a Chapter 7 and get a fresh start. Under Chapter 7, debtors typically keep all of their properties such as houses, cars, personal belongings provided […]
A 341 Meeting is a meeting of creditors we acquired and mandated by the Bankruptcy Code whereby a debtor will be examined under oath by a Chapter 7 trustee regarding assets and liabilities. The Chapter 7 trustee has the duty to examine the debtor and determine whether or not there are any assets that can […]
Chapter 7 bankruptcy can last anywhere from 100 to 120 days from start to finish. It basically works like this: once the Chapter 7 bankruptcy case is filed, there is a notice that goes out to all creditors, the debtor and the debtor’s attorney advising of an upcoming meeting called a 341 Meeting of Creditors. […]
You definitely have the ability to keep your house and car in a Chapter 7 Bankruptcy if you are current on your payments, provided you do not have significant nonexempt equity in those properties. Most people who come to see me for a Chapter 7 and who may be homeowners do not have significant equity. […]