Chapter 13 bankruptcy cases differ from Chapter 7 bankruptcies in many ways.  While both have a mandatory Meeting of Creditors as required by 11 U.S.C. Section 341 (a.k.a.-The 341 Hearing), Chapter 13 cases will also have a SECOND hearing early in the case, called the “Confirmation Hearing”. The term “341 Meeting of Creditors” is a […]

The cost of health care is a major problem for many people and can be a prime contributor in the decision to file personal bankruptcy.  Bankruptcy can be a useful tool to reduce or eliminate tremendous medical bills. Medical Debt and Bankruptcy A 2021 Census Bureau study found nearly 1 in 5 households (20%) couldn’t […]

It’s a myth that a bankruptcy filing cannot provide relief from an individual’s income tax liabilities.  In fact, a chapter 7 bankruptcy can greatly assist with income tax problems in certain limited situations. Let’s explore below how a bankruptcy can discharge (wipe out) personal income tax liabilities in the following scenarios and situations: Important Factors […]

Recall in part 1 and part 2 of this article that Joe is a former Florida resident who moved to Michigan and then filed chapter 7 bankruptcy. Under the bankruptcy code, Florida is considered to be his domicile because he lived in Florida for the 180-day period preceding the 730-day period preceding the filing of […]

Recall in Part 1 of our Chapter 7 Bankruptcy blog series that “Joe” is a former Florida resident who filed chapter 7 after he moved to Michigan. Under the bankruptcy code, Florida was considered to be his domicile because he lived in Florida for the 180-day period preceding the 730-day period preceding the filing of […]

Priority Tax Claims In order to secure a bankruptcy court’s approval of a plan of reorganization, a debtor is required to satisfy, in full, all obligations entitled to priority treatment under the bankruptcy law[1][2]. Some taxes, owed to the federal government, generally are deemed to be priority obligations.  In a recent case, a bankruptcy appellate […]

Congress recently passed legislation entitled The Bankruptcy Threshold Adjustment and Technical Corrections Act which the President signed into law on June 21, 2022. The changes to the law will help people because it significantly expands who can qualify for Chapter 13 relief.  Chapter 13 is a reorganization bankruptcy for individuals which gives people an opportunity […]

Do You Live Paycheck to Paycheck? The Calm Before the Storm But, My Mortgage Company Will Work With Me, Won’t They? Be Proactive How Can A Chapter 13 Help Me? Generally speaking, if a person is facing foreclosure, a chapter 13 bankruptcy case should be filed before the foreclosure sale date. The bankruptcy laws will […]

People often think that chapter 7 cases are easy, straight forward and uncomplicated. It’s easy, right? An attorney just buys a computer software bankruptcy program, inputs some information, files the case, goes to the 341 hearing and then waits for the discharge order. While I certainly don’t turn down simple cases, I do come across […]

Your back is against the wall. You have tried to pay your bills on time and service your debt but you simply do not make enough money to do both. Now, you have creditors who have placed some of your accounts in collection and your gut tells you that the situation isn’t going to get […]