910 Rule

July 19, 2016

If your vehicle is worth less than you owe, or you are paying excessive interest, cramming down a car loan in Chapter 13 bankruptcy can reduce your balance and cut your payment. Only Chapter 13 debtors receive the benefit of “cramming down” their car loan.

Keys

Bad car loans can be devastating financially, and all too often they are a major factor in a debtor filing for bankruptcy. However, it is not only debtors with bad car loans who benefit from Chapter 13 cram downs. Unexpected depreciation of a vehicle’s value and high interest rates will quickly place almost anyone underwater on a car loan.

Read more ...

Dischargeable Income Taxes in Bankruptcy

July 8, 2016

It is frequently assumed that any back federal, state, and local income taxes you may owe are not dischargeable when you file for bankruptcy; this however is far from the truth. When filing for bankruptcy some, if not all, back income taxes may be dischargeable. Below we have simplified the requirements that must be satisfied in order to discharge your back income taxes.

calculator 428294 640

 

In order for your back income taxes to be dischargeable, all aspects of the 3/2/240 rule must be met.  The 3/2/240 rule states that your back income taxes must have been due more than three years before filing for bankruptcy, you must have filed your tax return two years or more prior to filing bankruptcy, and your back income taxes must have been evaluated at least 240 days before filing for bankruptcy. In order to understand this rule in greater detail, we have broken down each requirement further.

Read more ...

Bankruptcy and Divorce

June 23, 2016

 

HandFiling for divorce is never an easy decision; couple that with financial trouble and the circumstances can become even more daunting. It can be confusing deciding between filing for bankruptcy before or after your divorce. Below are some key factors to keep in mind when considering the right time for you to file for bankruptcy. 

Read more ...

6 More Bankruptcy Myths

June 9, 2016

1. There is a minimum amount of debt required to file for bankruptcy

  • Bankruptcy laws have not set any minimums on the amount of debt needed in order to qualify for bankruptcy. If your debt is beyond your ability to pay, you can opt to file for bankruptcy, however, if your debt exceeds certain amounts, you may  be required to file a certain type of bankruptcy.

2. You will not be able to file for bankruptcy if you work a “good paying” job

  • Just like there are no limits on the minimum debt required to file for bankruptcy there are also no income limits on who can file for bankruptcy. The amount of money you have left over to pay your creditors after subtracting allowable expenses does determine the type of bankruptcy you can file. This is referred to as disposable income.

3. If you are married both spouses must file for bankruptcy

Read more ...

7 Bankruptcy Myths

June 6, 2016

1. It is extremely difficult to file for bankruptcy

  • Under the changes in the law it can be extremely difficult to file for bankruptcy on your own. There are many new requirements that did not exist prior to 2005. However having an experienced bankruptcy attorney on your side will help you navigate the process, and alleviate any confusion or stress you may have.

2. Everyone will know you’ve filed for bankruptcy

  • Unless you are a large corporation and the filing is covered by the media chances are extremely good that the only your creditors will be made aware of your filing.

    Read more ...

Costs Associated with Filing Bankruptcy

June 3, 2016

Our firm offers a risk free no obligation consultation to go over your options and help you to determine if bankruptcy is the best option for you and your family.  If bankruptcy is the best option, the attorney will quote you fees based on your specific situation.  By being upfront, honest and detailed during your intake meeting you can keep costs to a minimum by limiting unnecessary issues later.

Costs

One cost associated with filing bankruptcy is credit counseling/debtor education.  Credit counseling and debtor education are courses that are required to be completed in order to file a bankruptcy and receive a discharge.  Our firm works with GreenPath.  GreenPath has two ways to complete the courses required.  Either you can call GreenPath over the phone, which is $35.00 for the first course and $20 for the second course or the more cost effective option is to go online to GreenPath’s website, which is $25.00 for the first course and $15.00 for the second course.

The next associated cost is for the Credit Report.  Other firms charge upwards of $50.00 to pull a credit report.  We provide a free credit report once we are retained. Even if you have copies of all of your bills it is important to have a credit report pulled as well to be sure that every creditor receives Notice of your bankruptcy filing.

Read more ...

The New Value Exception to the Absolute Priority Rule

May 31, 2016

The absolute priority rule is relevant in Chapter 11 cases where the debtor attempts to “cram down” a Chapter 11 plan over the objection of dissenting unsecured creditors. It is best to start with the requirements for confirmation. 11 USC 1129 addresses confirmation of a chapter 11 plan. 11 USC 1129(a) states, in relevant part:        

(a) The court shall confirm a plan only if all of the following requirements are met:

* * *

(8) With respect to each class of claims or interests —

(A) such class has accepted the plan; or

(B) such class is not impaired under the plan.

11 USC 1129(b) allows for nonconsensual confirmation, or "cramdown," if at least one impaired class votes in favor of the plan. 11 USC 1129(b) states:

Read more ...

Archives

FAQ

Have questions? Check out our FAQ's

Will bankruptcy stop Lawsuits?

Can I keep my 401k?

When do I need to file for bankruptcy?

How do I rebuild my credit?

Will I lose my house or car?

 

Our Focus

We represent businesses and owners anticipating or experiencing financial distress.

Approach to Law

We counsel clients so that their resources and assets are marshaled for corporate and individual protection.

Learn More

3523.jpg