Recent Posts in Chapter 13 Relief Category
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Posted on Jan 19, 2012 By Nick Westbrook
Bankruptcy occurs during very difficult financial times. In some cases, your rent may be late, and the landlord is threatening eviction. Fortunately, a Bankruptcy filing under Chapter 7 or Chapter 13 ...
Continue reading "Bankruptcy Can Protect You from Eviction" »
Posted on Dec 30, 2011 By Nicholas Westbrook
The word "equity" is used in several professions and has several different meanings. In law, "equity" generally means fashioning a result that makes thing right. In other ...
Continue reading "What Does Equity Mean in Bankruptcy?" »
Posted on Dec 12, 2011 By Nicholas Westbrook
When you file a Chapter 7 Bankruptcy or Chapter 13 Bankruptcy , each of your creditors and lenders receive notice of the Bankruptcy filing. Federal law states that a creditor holding a pre-bankruptcy ...
Continue reading "What Happens To Your Monthly Payments During a Bankruptcy?" »
Posted on Nov 22, 2011 By Nicholas Westbrook
You can't make this stuff up. A few weeks ago, the Washington Post ran a story that would be comical, if it wasn't so outrageous. According to the article, the Federal Trade Commission ...
Continue reading "Put an End to Creditor Harassment Through Bankruptcy" »
Posted on Nov 14, 2011 By Nicholas Westbrook
While a Chapter 7 Bankruptcy can discharge (i.e., eliminate) many types of debts, there are 19 categories of debts that Congress has identified as not dischargeable (called "excepted from ...
Continue reading "Some Debts Cannot be Discharged Through Bankruptcy" »
Posted on Sep 29, 2011 By Nicholas Westbrook
There is an old saying in Bankruptcy: "Pigs get fat and hogs get slaughtered." This means when honest debtors take full advantage of available, legal exemptions to keep their property and ...
Continue reading "Don't Be a Hog in Bankruptcy" »
Posted on Sep 22, 2011 By Nicholas Westbrook
A Debtor in Chapter 13 Bankruptcy is required to pay all disposable income (income remaining after all expenses and deductions are accounted for) into a repayment plan over three to five years. When a ...
Continue reading "Tax Refunds After Filing for Chapter 13 Bankruptcy" »
Posted on Sep 16, 2011 By Nicholas Westbrook
When you make the decision to file Bankruptcy , it is very important to list all of your creditors, their mailing addresses, and the amounts owed. The Bankruptcy Code requires that you list all of ...
Continue reading "Reviewing Your Credit Report Prior to Bankruptcy is Important" »
Posted on Aug 24, 2011 By Nicholas Westbrook
Personal financial information can be inadvertently disclosed through social media sources like Facebook. Some debt collectors and creditors may attempt to gain access to your Facebook account through ...
Continue reading "Social Media Can Spell Trouble Before and During Bankruptcy" »
Posted on Aug 8, 2011 By Nicholas Westbrook
Of all the creditors you are facing or may face in your lifetime, the Internal Revenue Service is the most powerful. The IRS has significant collection powers unlike anyone else. Moreover, federal law ...
Continue reading "Bankruptcy Can Help with IRS Taxes" »
Posted on Jul 5, 2011 By Nicholas Westbrook
After Bankruptcy , derogatory or negative information remains on your credit report between seven and ten years. However, the Fair Credit Reporting Act (FCRA) specifically addresses Bankruptcy ...
Continue reading "How Long Will Bankruptcy Stay on My Credit Report?" »
Posted on Jun 28, 2011 By Nicholas Westbrook
Many Americans who can't afford their monthly mortgage payments have tried to cure the problem by filing for a loan modification. Numerous lenders have created in-house mortgage negotiators to review ...
Continue reading "Be Cautious of Your Mortgage Company and Loan Modifications" »
Posted on Jun 8, 2011 By Nicholas Westbrook
Look in the dictionary under "ironic" and you may see a picture of Debt Relief USA of Addison, Texas. In 2009, Debt Relief USA, a company that advertised services to help consumers avoid Bankruptcy, ...
Continue reading "Debt Settlement Company Files for Bankruptcy" »
Posted on Jun 5, 2011 By Nicholas Westbrook
One of the reasons people file Bankruptcy is to get a "discharge." A discharge is a Court Order, which states you do not have to pay most or all of your debts. A discharge means you no longer have ...
Continue reading "What Happens When a Creditor Forgives a Debt?" »
Posted on Jun 5, 2011 By Nicholas Westbrook
Over the last several years, unemployment has increased dramatically. Millions of Americans rely on unemployment benefits to make ends meet and find a new job. What happens when this benefit ends? ...
Continue reading "Unemployment Benefits Have Increased -- But Jobs Remain Scarce" »
Posted on Mar 9, 2011 By Nicholas Westbrook
Have you been served with a lawsuit or been threatened with litigation by a creditor? The first question you need to ask is, "Do I owe this debt?" Common sense should tell you that if you owe the ...
Continue reading "Bankruptcy Can Stop Lawsuits and Judgments" »
Posted on Feb 15, 2011 By Nicholas Westbrook
When you file a Chapter 7 or Chapter 13 Bankruptcy case, all of your property becomes part of your Bankruptcy "estate". In most cases, the Bankruptcy will automatically prohibit all creditors from ...
Continue reading "When a Creditor Files a Motion to Remove the Bankruptcy Protection" »
Posted on Feb 10, 2011 By Nicholas Westbrook
One of the most frequently asked questions from our Bankruptcy clients is, "Who receives notice of the Bankruptcy case?" What the client is really asking is, "Who will find out about my Bankruptcy ...
Continue reading "Who Receives Notice of My Bankruptcy After I File?" »
Posted on Jan 12, 2011 By Nicholas Westbrook
Discharging student loans through a Bankruptcy is very difficult to do. The U.S. Bankruptcy Code states that a debtor may obtain a discharge of a government-sponsored student loan only if repaying the ...
Continue reading "Student Loans and Bankruptcy" »
Posted on Dec 14, 2010 By Nicholas Westbrook
One of the common terms in Chapter 7 and Chapter 13 Bankruptcy is "discharge" of your debts. A discharge in Bankruptcy is a Court Order that imposes a permanent injunction against applicable ...
Continue reading "Exceptions to the Court’s Discharge: When a Creditor Can Still Collect After Bankruptcy" »
Posted on Nov 30, 2010 By Nicholas Westbrook
A recent study by the University of Michigan School of Law found that an increasing number of people over the age of 65 are filing for Bankruptcy protection . Fortunately, most retirement savings ...
Continue reading "Bankruptcy Can Protect Your Retirement Accounts" »
Posted on Nov 4, 2010 By Nicholas Westbrook
The Bankruptcy laws are meant to give an honest debtor a fresh start, but not a head start. The Bankruptcy laws protect honest debtors who comply with the numerous requirements and substantially ...
Continue reading "Bankruptcy Fraud Can Result in Serious Penalties" »
Posted on Oct 20, 2010 By Nicholas Westbrook
Remember the old saying, "Consider the source?" Well, when you get your legal advice from the internet or your know-it-all friend or relative, remember to "consider the source." There are many ...
Continue reading "Be Aware of Bankruptcy Myths and Half-Truths" »
Posted on Oct 14, 2010 By Nicholas Westbrook
According to several sources, home foreclosures have increased dramatically in the third quarter of 2010. In July, August, and September, foreclosure filings increased to 930,437, while over 370,000 ...
Continue reading "Nationwide Probe Begins as to Improper Foreclosures" »
Posted on Aug 19, 2010 By Nicholas Westbrook
There are many reasons you may want to repay a debt that has been discharged through Bankruptcy . Whether it is an obligation to a family member, friend, or a local creditor, there is no prohibition ...
Continue reading "Repaying a Debt After Bankruptcy" »
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