When your bankruptcy attorney prepares your bankruptcy petition, she will have to complete Schedule G – Executory Contracts and Unexpired Leases (also known as Official Form 6G).  Schedule G requires you to list all of your executory contracts of any nature and all unexpired leases of real or personal property.  Cell phone contracts are executory…Read more

Section 102(1) of the Bankruptcy Code states: “after notice and a hearing”, or a similar phrase— (A) means after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances; but (B) authorizes an act without an actual hearing if such notice is given…Read more

A no asset chapter 7 case exists where there are no assets available to satisfy any portion of the creditors’ unsecured claims. A no asset case occurs when all of the debtor’s property is exempt from the bankruptcy estate.  If you have any nonexempt property, the trustee will likely auction the property and use the…Read more

When your bankruptcy attorney prepares your bankruptcy petition, she will have to complete Schedule F – Creditors Holding Unsecured Priority Claims (also known as Official Form 6F).  Schedule F requires you to list all of your creditors who are holding unsecured nonpriority claims. Examples of unsecured nonpriority claims are credit cards, hospital bills, and other…Read more

Once your Chapter 13 plan is confirmed, you and all of your creditors, are bound by its terms.  Creditors are bound even if they are not provided for in the plan. Bankruptcy Procedure Rule 1327 states: (a) The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of…Read more

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