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My case just dismissed! What should I do?

Articles

Some bankruptcy cases dismiss. And when a dismissal occurs, you immediately travel back in time to the instant before the case was filed, and immediately return to the present date. What do I mean by this?   It means ALL of your debts spring back to life, and all of the late fees, penalties, charges, […]

What is an evidentiary hearing?

Articles

An evidentiary hearing is a trial, albeit not trial of you may expect from watching Law and Order.   This trial may be on one specific question or a number of questions. Evidence is considered by the judge to determine the facts of the case and the application of the law to those facts in […]

Defending motions in bankruptcy

Articles

In Chapter 13 bankruptcy, attorneys are in court virtually every week making arguments, appearing in front of the judge, and advocating for clients. In fact, in the law field, consumer bankruptcy and criminal defense attorneys typically rack up more court appearances on a routine basis than any other area of law. I personally have appeared […]

Uh oh! Who is trying to dismiss my case?

Articles

Case dismissal motions can come from any interested party in the bankruptcy. This could be a creditor, the trustee, the US Trustee’s office, or even from the judge himself or herself, although this is generally a rare event.   What does a case dismissal motion? Well, let’s start with what a motion is.   A […]

Chapter 13 plan amendments and modifications

Articles

What happens when you do your best to comply with a confirmed plan, but you just can’t make it work?   A lot of life happens during a Chapter 13 case. You may lose or gain a job, get married, have kids, move out of state, get injured, or some other life events may happen […]

What is confirmation or a confirmed plan in Chapter 13?

Articles

In Chapter 13, you put forth a reorganization plan, notifying your creditors of what they can expect during the life of the case. Once the judge approves this reorganization plan, the plan is known as a ‘confirmed plan’. A confirmed Chapter 13 plan is the instruction manual for the case. It tells everyone – you, […]

How does it work? The mechanics and Chapter13 case filing?

Articles

How does it work? The mechanics and Chapter13 case filing?   When you file the case, your attorney will craft with you, often with a lot of discussion, a proposed Chapter 13 plan and plan payment. This is the bargain you are asking the court to approve that all your creditors will have to abide […]

How much do I have to pay the trustee in Chapter 13

Articles

When you file a Chapter 13 bankruptcy, all your ongoing debt payments get whittled down to one monthly payment to the bankruptcy court’s trustee. In a typical case, you pay some amount for 36 to 60 months, and at the conclusion of the case, all or most of your debts are eliminated.   But, you […]

The Affordable Health Care Act as it Pertains to Bankruptcy

Interviews

Katherine: Hello everyone. Thank you so much for joining us today on This Needs to Be Said. Today we’re going to be joined by our friend attorney Alexz and he’s going to talk a little bit about what’s hot in the news right now, the Affordable Health Care Act as it pertains to bankruptcy. Welcome […]

The Guilt of Bankruptcy: Using Bankruptcy to Reset Your Life

Interviews

Katherine: Hello everyone. Thank you so much for joining us today on This Needs to be Said. This is your host, Katherine Waddell, and today we have a great bankruptcy attorney with us and he’s going to help you get over not just resetting your lives, but how to get over the emotional part of […]