When your attorney files your Chapter 13 bankruptcy, you will usually have to make monthly plan payments to the Chapter 13 trustee. The first plan payment is due 30 days from the date your bankruptcy petition was filed. In Colorado, you must mail your payments to: P.O. Box 1169, Denver, CO 80201. Payment should be…Read more
8th Circuit Court of Appeals Bankruptcy Decision – Advanced Control Solutions, Inc. v. Justice
In this case, Orin Justice (“Justice”) initially filed for bankruptcy protection under Chapter 13. After one of his creditors, Advanced Controls Solutions, filed objections to Justice’s Chapter 13 plan, Justice converted the case to a Chapter 7 proceeding. Following Justice’s failure to rebut a presumption of abuse arising from the means test under 11 U.S.C.…Read more
9th Circuit Bankruptcy Appellate Decision – Meyer v. Scholz
The 9th Circuit Bankruptcy Appellate Panel addresses the issue of whether the Bankruptcy Code’s definition of “current monthly income” found in Section 101(10A) includes Railroad Retirement Act (“RRA”) benefits; and regardless of whether it does so, should RRA benefits be considered when calculating projected disposable income under Bankruptcy Code Section 1325(b). The Court found that…Read more
Should I Pay My Credit Cards Before I Pay My Mortgage?
Paying Your Mortgage Before Your Credit Cards Can Delay Foreclosure Not everyone who comes in for their free consultation is ready for to file bankruptcy. For example, if someone has just gotten laid off or is expecting to get laid off, her income might be too high to qualify for a Chapter 7 bankruptcy discharge. …Read more
Do I Have to Tell the Bankruptcy Court if I Receive Life Insurance Benefits After I File My Bankruptcy Petition?
When your attorney files your bankruptcy petition, all your property goes into your “bankruptcy estate”. Generally speaking, your bankruptcy state is made of all property in which you have a legal or equitable interest. Property that is exempt is protected from sale. Property that is non-exempt can be sold by the trustee, and the proceeds…Read more
How Much Time Do I Have to Tell the Bankruptcy Court that I Have Inherited Property?
Under Section 541(a)(5), any property that you inherit within 180 days of filing your bankruptcy petition becomes property of the estate. Rule 1007(h) of the Federal Bankruptcy Rules of Procedure requires your bankruptcy attorney to supplement your bankruptcy petition to reflect the new property within 14 days after you learn of the inheritance. Rule 1007(h)…Read more
How Long Will It Take to Pay Off My Credit Cards?
One of the factors that I ask people who come in for their free consultation to think about is, how long will it take to pay off their credit cards. If their debt-to-income ratio is out of kilter, it could take years and years before they make even a debt in their credit card debt. …Read more
What That Cheap Colorado Bankruptcy Attorney Isn’t Telling You
A Cheap Bankruptcy Attorney In Colorado Can Cost You More In The Long Run I know you have a lot of choices when it comes to bankruptcy attorneys. The fact is, if you’re looking for the cheapest bankruptcy law firm in Colorado, we’re not it. There are lots of attorneys who claim they will do…Read more
Will There Be A Judge at the Meeting of Creditors?
As I have written before, probably the most nerve wracking part of bankruptcy for most of my clients is having to go to the meeting of creditors (also sometimes known as the 341 meeting, named after the section of the Bankruptcy Code that lays out its requirements). Let’s face it, it has a scary name:…Read more
Can I Be Denied a Job Because I Filed Bankruptcy?
Sometimes, when it comes to the law, things are not as straight forward as they seem. Take, for example, the question of whether or not a person can be denied employment. The Bankruptcy Code covers this issue in Section 525. When it comes to whether or not you can be denied a job because you…Read more
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