One of the attractive features of a Chapter 13 bankruptcy reorganization is it allows you to get rid of cumbersome past debt while it enables you to stay current on upcoming payments due on property you will want to keep such as your home and car. In these...
Month: January 2015
What Information Will Be Used to Calculate Whether You I Qualify for a Chapter 13 Reorganization?
On Behalf of Giddens & Gatton Law, P.C. | Jan 28, 2015 | Bankruptcy, Chapter 13 Bankruptcy
In a previous blog on this site, the topic of how to qualify for a Chapter 13 bankruptcy is discussed. This article identifies what specific information would need to be provided to the court to determine if you qualify. Bankruptcy courts provide a form which asks for...
What is the Repayment Plan Like in Chapter 13 Bankruptcies?
On Behalf of Giddens & Gatton Law, P.C. | Jan 26, 2015 | Bankruptcy, Chapter 13 Bankruptcy
Under Chapter 13, bankruptcy law requires the repayment of some debts in full and others in part.Debts that must be paid in full include: Priority debts: 1. Unsecured debts, such as child support, alimony or support payments, and non-dischargeable taxes....
How Do I know if I Qualify for Chapter 13 Bankruptcy?
On Behalf of Giddens & Gatton Law, P.C. | Jan 23, 2015 | Bankruptcy, Chapter 13 Bankruptcy
Chapter 13 bankruptcy cases are intended for individuals not businesses. But such individuals must qualify based on the size of their income as well as some other factors. In order to qualify for Chapter 13, you will have to show the bankruptcy court that you will...
What is the Difference Between Chapter 13 Bankruptcy and Chapter 7 Bankruptcy?
On Behalf of Giddens & Gatton Law, P.C. | Jan 21, 2015 | Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy
Chapter 13 bankruptcies provide an attractive alternative for wage earners and home owners who are seeking relief from temporary financial difficulties. Not everyone can or should file a Chapter 13 case. There are certain requirements relating to income which must be...
New York Attorney General to Settle with Debt Collection Company
On Behalf of Giddens & Gatton Law, P.C. | Jan 19, 2015 | Creditor Defense
The Attorney General for the State of New York, Eric Schneiderman has announced that his office plans to settle a case against Encore Financial (“Encore”, a debt collection company which buys the debt of other companies in an effort to turn around and...
How are Attorney’s Fees Paid in a Chapter 7 Case and When?
On Behalf of Giddens & Gatton Law, P.C. | Jan 16, 2015 | Bankruptcy, Chapter 7 Bankruptcy
With regard to Chapter 7 bankruptcy cases specifically, attorney fees owed to the Debtor’s counsel for services prior to filing the case must be paid before filing your Chapter 7 case. The reason for this is simple: once the Chapter 7 action is filed, any...
What Action Can a Debtor Take after Bankruptcy Discharge Regarding a Forgotten Debt?
On Behalf of Giddens & Gatton Law, P.C. | Jan 14, 2015 | Bankruptcy
The essential goal for Chapter 7 bankruptcy debtors is to eliminate past indebtedness so as to get a fresh start financially. The debtor will have reached this point in his or her Chapter 7 bankruptcy case when certain specific debts are discharged. In some instances,...
Does Chapter 7 Bankruptcy Require Liquidation of Personal Property?
On Behalf of Giddens & Gatton Law, P.C. | Jan 12, 2015 | Bankruptcy, Chapter 7 Bankruptcy
Chapter 7 bankruptcy actions give debtors who complete such a case a chance to get a fresh start financially by obtaining discharge of overwhelming debts which prevents such debtors from staying current with their monthly bills. These cases entail a process where the...
What Types of Debt Can’t Be Discharged in a Chapter 7 Bankruptcy?
On Behalf of Giddens & Gatton Law, P.C. | Jan 7, 2015 | Bankruptcy, Chapter 7 Bankruptcy
In the prior post in which the topic of bankruptcy discharges in Chapter 7 cases was discussed, it was mentioned that some debts cannot be discharged via bankruptcy. This means that debtors will have to pay some, if not all of certain debts. The following kinds of...
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