Overall, Chapter 7 deals with simple debts as well or better than Chapter 13 does, which deals with more difficult debts better. Debts in Bankruptcy When deciding between Chapter 7 “straight bankruptcy” and Chapter 13 “adjustment of debts” you look at many factors. You have to meet certain qualifications (usually easy to meet) to file either one. The amount … Read More
Get Your Bankruptcy Trustee to Pay a Priority Debt
You can put a “preferential payment” to work for you if you owe a “priority” debt–back child or spousal support, or recent income taxes.
Proofs of Claim of Priority Creditors in Chapter 13
Priority proofs of claim need to be carefully monitored in a Chapter 13 case. Make sure one’s filed so it gets paid, and at the right amount.
Summary about the Automatic Stay
During the last 13 blog posts we’ve covered the automatic stay–crucial protection that filing bankruptcy gives you. Here’s a helpful summary.
The Family Law Exceptions to the Automatic Stay
Even if you file bankruptcy, certain actions can still be taken against you in divorce court, or about family law matters.
“Priority” Support Debts Not Discharged under Chapter 7
A bankruptcy trustee would pay your “priority” debts ahead of other debts in an “asset case.” But what happens in a “no asset case”?
Treatment of “Priority” Debts under Chapter 7
Here’s what happens to “priority” debts in an “asset case.”
The Special Role of “Priority” Debts in Bankruptcy
What makes “priority” debts so special?
Protecting Your Home from Special Debts that Can’t Be “Discharged” through Chapter 13
Bankruptcy can’t write off certain kinds of debts. Chapter 13 enables you to prevent liens hitting your home from those debts.
Protecting Your Home from Special Debts that Can’t Be “Discharged”
Bankruptcy can’t write off certain kinds of debts. Chapter 7 may give you enough help to avoid liens on your home from those debts.
Child and Spousal Support Liens on Your Home
A support obligation is a very special kind of debt, and the resulting lien on your home has to be dealt with in a very special way.
Child and Spousal Support Are Not Discharged in Bankruptcy
You can’t legally write off child support or spousal support.
Debts Not Discharged in Bankruptcy
Most debts can be discharged–permanently eliminated–in bankruptcy. Here are the exceptions.
A Fresh Start on a Child or Spousal Support Lien
If you have a child or spousal support lien on your home because you’re behind on support payments, with Chapter 13 you can safely protect the home. If you are behind on your support payments, your ex-spouse and support enforcement agencies have tremendous tools to use against you to try to force you to catch up. And if you own a … Read More
More Thanks for Chapter 13
We’re lingering in the Thanksgiving spirit by appreciating what Chapter 13 has to offer.