If you want to file an appeal from a judgment in bankruptcy court to either the district court or the bankruptcy appellate panel, you need to file a notice of appeal within 14 days of entry of judgment. Bankruptcy Procedure Rule 8002(a) states: The notice of appeal shall be filed with the clerk within 14…Read more

The length of your payment plan will depend on your income.  Under Bankruptcy Code Section 1325(b)(4), if your income is below your state’s median income level, your plan length (applicable commitment period) can be three years.  If your income is above your state’s median income level, then your plan must be for five years. However,…Read more

When your bankruptcy attorney prepares your bankruptcy petition, she will have to complete Schedule E – Creditors Holding Unsecured Priority Claims (also known as Official Form 6E).  Schedule E requires you to list all of your creditors who are holding unsecured priority claims. Examples of unsecured priority claims are domestic support obligations; taxes; extensions of…Read more

If you were supposed to file tax returns for the four years prior to filing your Chapter 13 bankruptcy, you must have them filed by the time of your meeting of creditors (also known as the 341 meeting). Federal Bankruptcy Procedure Rule Section 1308(a) states: Not later than the day before the date on which…Read more

When your bankruptcy attorney prepares your bankruptcy petition, she will have to complete Schedule D – Creditors Holding Secured Claims (also known as Official Form 6D).  Schedule D requires you to list all of your creditors who are holding claims that are secured by your property, including judgment liens, garnishments, statutory liens, mortgages, and deeds…Read more

When your bankruptcy attorney prepares your bankruptcy petition, she will have to complete Schedule C – Property Claimed as Exempt (also known as Official Form 6C).  Schedule C requires you to list all of your  property that you believe is exempt from the bankruptcy estate, including a description of the property, the law that provides…Read more

Section 722 of the Bankruptcy Code provides: An individual debtor may, whether or not the debtor has waived the right to redeem under this section, redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted under section 522 of this…Read more

If you are thinking about filing bankruptcy, below are some common mistakes that people make that can create problems during their bankruptcy process: Running Up Credit Cards – Any purchases or cash advances made with credit cards within 90 days of filing bankruptcy are red flags for creditors and could lead them to fight the…Read more

When your bankruptcy attorney prepares your bankruptcy petition, she will have to complete Schedule B – Personal Property (also known as Official Form 6B).  Schedule B requires you to list all of your personal property (property that is not real estate), including a description and location of the property; whether it is yours, your spouse’s,…Read more