Archive for January, 2010

Medically discharged


2010
01.31

Not listing the debt is not an option – the schedules have to be truthful. Listing it doesn’t answer the question about dischargability. The creditor is unlikely to file an adversary procedure over this amount of money. They would have to prove fraud, which is difficult to do with medical expenses, generally not a discretionary expense. Deliberately delaying the filing because of upcoming medical expenses might be fraud, but a lot of attorneys have done that without problems. But we don’t even know the exact amount that will become due since the client has not received the bill yet. Another thing is I think she will need continued treatment from the medical provider. A private physician can refuse future services. Most Hospitals either can not, or will not. Some of my clients list a debt to their dr., and then make voluntary payments (without reaffirming). I tell them to tell the dr. that their Oklahoma bankruptcy attorney made them list it.

The original post is at Oklahoma Bankruptcy News

1099-c avoided if you file bankruptcy


2010
01.30

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I have reached a tentative settlement on behalf of a client with counsel to Discover. I do not want the “forgiven” portion of the debt to result in a 1099-C as taxable income. His response was that Discover has taken the position that the 1099-C is required by the IRS when debt is forgiven, but that if I can show authority to the contrary, he’ll present it to make the case. was this a settlement of a disputed debt? If the latter, no 1099 is required. If the former, a 1099 is required, AND even if they don’t issue one, the COI income is taxable. An agreement not to issue a 1099 when one is required is basically a conspiracy to commit tax fraud/evasion. I suppose everyone has seen this article from the NYT, but I’m amazed how textbook it is. I’ve seen this repeated over-and-over-and-over with my clients. Divorce, kids, and too much house, how often have we seen that? He does exactly what everyone else does, first starts trading among the cards, then looks for a second, then tries to withdraw from his retirement. Then finally, his wife gets a better job,–and it’s too little too late. And of course, the spouses fighting about money. And you could say correctly that the guy is an idiot and should have known better. But look what the credit card companies did,–any sober person could see he was headed for disaster,–so what did they do? Like drug-dealers, they targeted him for more and greater debt.

The informative chapter 7 bankruptcy laws


2010
01.25

If, instead of individual consumers, businesses and corporations, and the Search for files in bankruptcy, in most cases, the files in a chapter in the match for him, or Chapter 7 bankruptcy Chapter 13 bankruptcy law. The majority of consumer bankruptcies are filed in Chapter 7. In Chapter 7 bankruptcy, the debt to begin almost all consumers, from the front by opportunities can be provided to build up again and get them to credit report discoloration where the focus is getting serious. The last sentence is important in order to achieve, taking account of the bankrupt, under any chapter or anyone. If, bankruptcy, and a wide range of federal bankruptcy court, was approved after a closer look at the current economic situation, have gone into bankruptcy, now shows over the next 7-10 years, your credit report from major credit bureaus each highlights. This is an important reason for this is the last resort, and here for a comprehensive study on the choice of bankruptcy, a bankruptcy petition evaluation was determined to proceed, your situation is important to examine the behavior of the bankruptcy, it’s really the best choice. In recent years, despite radical changes in the bankruptcy filing of Chapter 7 bankruptcy underlying Pupose has to say must not be changed. However, it is a big change in bankruptcy law is the first recognized seven steps to change to be done the way for every type of bankruptcy, including Chapter, he said. Consumers in the study of Chapter 7 bankruptcy is a huge pile of debt most often, where the credit card debt and high interest rates in general and the consumer for the monthly minimum payment can not is to normal. “” Is not assigned in the bankruptcy hearing disability rating. Since some of the financial situation of the consumer, the consumer can control the consumer, not because of financial mismanagement. The most common cause is the job layoffs in this situation, a single health insurance, unexpected high medical expenses not covered by the hotly contested divorce, the list of consumers directly, this leads to a lot of other things get too out of control. This can be a problem. If most consumers really want to pay the debt in a position to do so. But consumers, for example, $ 60,000, your fault or her fault, even if paid within the next 20 continues for more than a year, have not been evaluated to find additional debt and low interest rates also get you there. After the bankruptcy petition, the Court of consumers who are one day on a certain date, all his creditors required to present their case to appear either side has been notified. If the creditor show up (often) in order to claim the money was loaned to the consumer’s expectation of repayment is not fair. It is ultimately how the bankruptcy court has been set, is to decide whether this approach, as each individual case, in which established standards for different does not take place. But the first Chapter 7 bankruptcy, can not be kept highly recommended bankruptcy lawyer, maybe this is. Changes in bankruptcy law, and makes it difficult with the change of the law from state to state, you can find a lot of time and money and what has their own attorney’s fees Bankruptcies investment that almost always come because it’s worth, bankruptcy is a very thorough understanding of the changes in a State through a process of lawyers will guide you.

Bankruptcy forms


2010
01.24

There is a fairly comprehensive set of forms in the NCLC Bankruptcy
Basics Manual. In addition, some bankruptcy preparation software has
the capacity to generate many client-side forms. Get the books. Really. It’s a much better use of the time of busy
lawyers when folks who have done what it takes to give themselves
basic knowledge and a basic toolkit ask for help with questions on
specific issues.

Nondischargeable bankruptcy debts


2010
01.18

The no-discharge agreement is not enforceable, but may be treated as
an admission that the debt is non-dischargeable as a willful and
malicious injury if an AP is filed. The bk wouldn’t toll the default times in the settlement agreement, at
least as to the debtor (the trustee may have some relief under 108 or
under 365 if the agreement is assumed, but that would require full
payment and would only make sense in a case with significant assets).
If debtor doesn’t timely pay, he may have a non-dischargeable judgment
for $15K (or more if the creditor can get the whole deal treated as
breached and void). If
debtor could propose a plan that pays a reasonably high percentage to
all unsecured creditors, this creditor might decide it isn’t worth it to
file an adversary when it is going to get most of its money anyway. The
creditor now has the same legal right to have it debt excluded from
discharge in a 13 as in a 7, but the economic calculations are
different. My concern is a 707 motion since he will be getting 2k a month going forward and now has all this money in the bank. Assuming eligibility, you can also put some in an IRA, pay your fees,
pay any taxes owed or that will be owed for this year, etc.

The Chapter 11 bankruptcy definition


2010
01.16

11. Chapter Chapter 13 bankruptcy, however, general partnerships and companies, known as Chapter 11 bankruptcy reorganization and bankruptcy chapter DefinitionSimilar. Unlike Chapter 7, and the company paid over a period indicates that the creditor still handled in bankruptcy court by the Securities and contractual obligation debt will be dependent. However, usually the first 11 chapters, including a partnership or corporation, you can also personally. Under the provisions of Chapter 11, complete relief from most or some of its debt could possible by a grant to re-start a company in bankruptcy court. When, when will the bankruptcy proceedings, liabilities, the assets of the company, not to exceed the investment in the Company’s shareholders in connection, the possibility is now complete. However, the debtor is a company of the investment, all the personal assets of shareholders is, has not been affected except. But if this case is also a partnership, bankruptcy lawyer, then, in some cases, the personal assets of partners, the debtor must be used to pay creditors, to give advice. Where do the creditors of the company for the new businesses in their own organizations. It is possible that some of the debts of the business can, not in possession of the creditors of the company, but as the sale of individual assets, they can continue to operate to terminate the incidence. Cases in order to achieve the financial success of the new company, in this situation, the creditors, you can finally incurred for the damage. Please note the debt wizard. For more information, see Chapter 11 of the definition of bankruptcy.

The Chapter 13 bankruptcy reorganization of debts for the payment Stuctures


2010
01.13

The Chapter 13 bankruptcy is a particular type of legal proceedings is to provide a grant program under the repayment of debts owed the Federal Government’s image. The Chapter 13 bankruptcy, created as part of a three-year or five-year repayment plan under the rules applicable to certain creditors in the bankruptcy agreement of all parties involved. We organize for all people will be overseen by a trustee appointed by a federal court. Chapter 13 by someone that does not mean the file in its original location, the debt, they decided to repay a loan taken. The Chapter 13 bankruptcy laws can be reorganized for the purpose of repayment of these debts. This is in Chapter 7 and Chapter 1, different, this is not the debt be discharged immediately a repayment plan. In most cases, Chapter 13 a month, the debtor has repayment plan is a bi-monthly or weekly payments to a trustee. Properly distributed through the support of care to the creditors, to pay the trustee. In most cases, it was rebuilt and the amount of debt less than the full amount to all creditors. This is the first in a position to analyze the financial situation of the applicant by the trustee in bankruptcy Chapter 13 bankruptcy, as it is, the amount of payment is a reasonable repayment plan be established court per month. Fiduciary is the possibility of family income, the individual or the search, a note of all obligations and living expenses required to determine the amount of money can repay the plan for repayment of the debt. This is the 13th Chapter, the court may on to pay a regular schedule to give the debtor is recommended that only regular and stable income of people in general. Added seasonal workers and professionals, the first for Chapter 13 bankruptcy, are not the best solution to the financial problems in most cases. If the debtor is in chapter 13 of terms and conditions, to plan the payments on time is always important, has agreed to make payments to the court. When it was agreed to repay not record the whole process that can throw the case. If that happens, then right again until the creditor is entitled to protect the full amount of debt relief under the bankruptcy proceedings have been subjected to the compressed file, so not in a position after the debtor. Not under the repayment plan, if the person is, 13 to hold up a schedule for payment of the chapter, a liability, it raises the possibility of exemption from the provisions of the Reorganization Agreement, it will find Masu. This means pay as a debtor to the court, unless the situation can occur when other sources of gain or loss of such a work, or by extension, a disease as if it was agreed that it may form creditors in bankruptcy ” , the file can be called a hardship scheme to fulfill. “ Chapter 13 debtor who has the chapter of the bankruptcy repayment plan is agreed “to seek a discharge, it is hard” qualified to be the first to make this case can not be changed to Chapter 7 instead of one. Chapter 13 is the best bankruptcy attorney before you change the type of plan one of the chapters, reviews of various guidelines and requirements. The amendment to the bankruptcy filing Chapter 13, to any type of debtor is the court that you need to return the stress can be both costly procedure. Therefore, we recommend that you make every effort to comply with the repayment plan to make the strong.

Chapter 7 business


2010
01.09

Bankruptcy client comes in pretty upset about a collection call she had received from the Giove Law Office. Pretty clear FDCPA violations. In a chapter 7 bankruptcy, the trustee takes over the business and any issues the business may have. A chapter 7 trustee doesn’t want the liability for thinks like unpaid payroll taxes, If it’s a sole w/ no employees, the ch7 is fine. If there are employees, then do the 13. I had a client who owed a small corner grocery store once. The Trustee could not run fast enough from the business (which was pretty much washed up) or the inventory or the equipment. If there is any question, your client is gonna have to pay for an appraisal.

Chapter 13 with properties


2010
01.06

I have a ch. 13 case where the debtor has 3 properties. The problem lies in the fact that property number 3 (which debtor wants to surrender) places the debtor $40k over the secured limit. If I classify the debt as unsecured, the debtor then exceeds the unsecured debt limit. The only way I can make this work is if bifurcate the third property into its respective secured and unsecured value. I am concerned the Trustee will argue that the entire amount should be classified as unsecured since the property is going to be surrendered. If I file a motion to value, I am concerned the Judge will assert the same. 109(e) is based on bifurcated (506(a)) debt at the time of filing. Surrender post-petition does not affect anything.

Filing bankruptcy appeal


2010
01.01

The issue is whether you can take a payment deduction
for a second deed of trust that is being stripped from the Dallas bankruptcy property. The debtor and his bankruptcy attorney won at the bankruptcy court level and the Chapter 13 Trustee appealed. The debtor is not defending the appeal, so the BAP is only getting [...]

The original post is at Texas Bankruptcy Notes