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"Chapter 13"
Question:
Apparently I am in a group of debtors whose disposable income cannot be determined by filling out the typical forms. I need to file Chapter 13 Bankruptcy but am unable to do so. It seems like I may be forced to seek a lawyer even though I filled out a ream of paper [...]
Continue Reading →June 7, 2010, the U.S. Supreme Court handed down its opinion in Hamilton vs. Lanning (opens PDF copy of the court’s opinion) which allows chapter 13 bankruptcy debtors to base their monthly chapter 13 plan payment on projected disposable income and thus create a realistic chapter 13 plan based on the clients actual [...]
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We have paid a retainer to an attorney for a chapter 13 bankruptcy. It’s been 11 months and they are just now getting around to the chapter 13 confirmation hearing. We have been paying $400 per month to the trustee since July. Now the week before the hearing our attorney comes back and [...]
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While in a chapter 13 bankruptcy and paying 100% to unsecured creditors, will I be in trouble if I loan myself money from my 401(k) without asking (not affecting my payment to court)?
Answer:
The answer very much depends on how chapter 13 bankruptcies are handled in your district. The general rule [...]
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We filed chapter 13 bankruptcy on 12-09, could a tax refund for 2009 (filed in Jan/Feb 2010) be considered an asset? I would like to use Georgia’s wild card exemption to keep a little of it.
Answer:
Strictly speaking, income of any kind is a type of asset. In chapter 13 bankruptcies a tax [...]
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The U.S. Supreme Court Makes a Rare Foray Into Bankruptcy Law.
http://origin.www.supremecourtus.gov/docket/08-998.htm
The U.S. Supreme Court has agreed to hear the case of In Re Lanning (opens PDF) to decide this limited question: “Whether, in calculating the debtor’s “projected disposable income” during the plan period, the bankruptcy court may consider evidence suggesting that the debtor’s income or expenses during that period are [...]
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