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Chapter 13
If you are considering filing a Chapter 13 bankruptcy, you will need to submit a plan of repayment for the court to approve. The Chapter 13 plan outlines how your creditors will be paid over a period of three to five years. Once the court has confirmed or approved your plan, you will make monthly...
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When you file a bankruptcy case, you obtain the benefit of the automatic stay. If you file a Chapter 13 bankruptcy, you are also given the “co-debtor stay.” The automatic stay prevents creditors from taking collection actions against you, while the co-debtor stay prevents collection against your family, friends or others who co-signed loans with...
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When you file for bankruptcy protection, your primary goal is typically to discharge or eliminate your debt. However, it is important to understand that there are certain types of debt that the law excludes from being discharged. Pursuant to 11 U.S.C. §523(a)(9), one type of debt that is not eligible for discharge is one arising...
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If you are past due on your mortgage payments and you want to avoid a foreclosure action, you may want to consider filing a Chapter 7 or Chapter 13 bankruptcy. Another option to consider is a short sale. Either choice has its advantages, but deciding which is more beneficial for you depends on your unique...
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One of the primary concerns people have when they file a Chapter 7 or Chapter 13 is how their filing will affect their credit score. The truth, however, is that in most cases your credit score is already damaged by past due payments and defaulted loans. Thus, when you file for bankruptcy, the negative impact...
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When you file a Chapter 13 case, you submit a repayment plan that lasts three to five years. A lot can happen during this time that impacts your finances. What can you do if unforeseen financial issues prevent you from being able to afford your monthly Chapter 13 plan payments? One option to consider is...
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Hopefully you have read our blog yesterday titled “Facing Foreclosure? Know Your Options.” This part of the blog will examine how filing a personal bankruptcy can affect a foreclosure action. Chapter 7 bankruptcy As soon as you file your Chapter 7 petition, the automatic stay goes into effect. The stay prohibits any further collection activity...
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You are probably aware that a Chapter 7 or Chapter 13 bankruptcy can provide you debt relief, but do you know when you should file your case? There is no magic trick for finding the perfect time to file your case, but there are certain instances where you should consider meeting with an attorney. When Is...
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If you are thinking about filing a Chapter 7 or Chapter 13, you may be wondering who will find out about your filing. While a bankruptcy case is a matter of public record, the reality is that most people will never know you filed a bankruptcy unless you tell them. Your filing is not published in...
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When hard times hit and you are unable to pay your bills, it doesn’t take long for creditors to start pursuing you for payment. After a few demand letters and telephone calls, many creditors file collection lawsuits. We understand that this can feel overwhelming and we want to help. Depending on your individual financial situation,...
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