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When attorneys file Chapter 13 cases, they some times put part of their fee in the Chapter 13 Plan. This will cause some delay in paying the fee because the Chapter 13 Trustee will not start paying creditors, including the debtor’s attorney, until the plan is...
While most loans will be discharged in a bankruptcy, there are several exceptions. In the recent case of Hometown Credit, LLC v. Peters (In re Peters), 2016 WL 4991506 (Bankr. S.D. Miss. 9/16/16), the court held that the debtor’s unsecured loan with Hometown was...
In the recent case of Ow v. Oropeza (In re Ow), 2016 WL 42040336 (Bankr. N.D. Cal. 8.5.16), the bankruptcy court avoided a secured claim on the debtor’s residence because it was unconscionable, but did allow part of the claim as an unsecured claim. In Ow, the debtor’s...
Until the Supreme Court decision in Marrama v. Citizens Bank of Massachusetts (In re Marrama), 549 U.S. 365 (2007), it was assumed that under 11 U.S.C. §1307, a debtor had an automatic right to convert a Chapter 7 case to a Chapter 13 case. However, the Supreme Court...
If a debtor filed his tax returns late, beyond the due date or any extensions, then according to the 1st, 5th and 10th Circuits, the taxes that became due can never be discharged. For example, 2010 tax returns are due on April 15, 2011, or if the debtor received an...
In the recent case of In re Gonzalez, 2016 WL 2944281 (Bankr. E.D. Pa. 5/19/16), the court allowed the debtor to redeem her real property that was sold at a tax sale through her Chapter 13 plan. In this case, the city sold the debtor’s home for unpaid real estate...
In a recent case, In re Gons, 2015 WL 6082125 (Bankr. E.D.Va. 10.15.15), the bankruptcy court granted the Chapter 7 Trustee’s motion to sell the debtor’s real estate because there was equity in the property sufficient to pay claims. In the Goins case, the debtor filed...
In Maryland and many other states, a husband and wife may own property together as tenants by the entirety (“T by E”). Owning a home as T by E can provide a safe harbor against creditors. A notable case in Maryland on this issue is Schlossberg v. Barney, 380 F.3d 174...
Many condominium owners who file bankruptcy are no longer interested in retaining the property. The law provides that any condo fees that had accrued before the filing of the case will be discharged, however, those that accrue after the filing, are required to be paid...
It happens all the time. A family member has poor credit, but needs to buy a car. The down payment and interest rate proposed by the car lender is much more than he can afford to pay. The car dealership tells him that if he finds a co-signer for the car loan with good...