ABI Blog Exchange

The ABI Blog Exchange surfaces the best writing from member practitioners who regularly cover consumer bankruptcy practice — chapters 7 and 13, discharge litigation, mortgage servicing, exemptions, and the full range of issues affecting individual debtors and their creditors. Posts are drawn from consumer-focused member blogs and updated as new content is published.

DA

Chapter 13: 16

Jesse Barrientes: Well, Dave, what happens – you’d mentioned before about payroll control where the money is coming out. If I didn’t do payroll control, would my employer find out? Obviously if I’m doing payroll control, they’re going to know. But if I didn’t want to do that? David Siegel: Well, your employer only needs+ Read More The post Chapter 13: 16 appeared first on David M. Siegel.

DA

Chapter 13: 15

David Siegel:               What is it, other than paying the stuff back, what is it going to cost me in terms of attorney’s fees, court filing fees and I’m just guessing that the trustee is going to have to be paid.   Jesse Barrientes:         right.  The way it works right now and this is forever changing,+ Read More The post Chapter 13: 15 appeared first on David M. Siegel.

DA

Chpater 13: 14

Jesse Barrientes:         Let’s take the situation that we were talking about before about getting credit.  So if we are getting credit for an automobile, let’s say that it becomes difficult for me because of the reasons you said.  Can I dismiss my 13 and refile it?   David Siegel:               You can.   Jesse Barrientes:         And+ Read More The post Chpater 13: 14 appeared first on David M. Siegel.

DA

Paying Off A Chapter 13 Bankruptcy Plan Early

This video talks about the ability to pay off a Chapter 13 bankruptcy case early.  There are times when this is not a good idea. Jesse Barrientes:         Well, Dave, what happens if we are in this plan here for a couple years and let’s just say that I have inherited some money.  And you know+ Read More The post Paying Off A Chapter 13 Bankruptcy Plan Early appeared first on David M. Siegel.

DA

Obtaining Credit While In A Chapter 13 Bankruptcy Case

This video talks about obtaining credit while in a Chapter 13 bankruptcy case. Jesse Barrientes:         What happens if – because it’s going to be lean living during this time.  What happens if I need to get credit?  If I’m going to be able – if I’m locked into this plan for three years or five+ Read More The post Obtaining Credit While In A Chapter 13 Bankruptcy Case appeared first on David M. Siegel.

DA

Keeping Property In A Chapter 13 Bankruptcy Case

This video talks about keeping all of your property in a Chapter 13 bankruptcy case.  However, the debtor could elect to surrender property as well.  It really depends upon the desires of the debtor. David Siegel: Does someone get to keep all of their property when they are in a Chapter 13 or do they+ Read More The post Keeping Property In A Chapter 13 Bankruptcy Case appeared first on David M. Siegel.

DA

Creditor Objections In A Chapter 13 Bankruptcy Case

This video talks about creditors and their acceptance or rejection of a proposed plan. David Siegel: Let me ask you this, Jesse. Do creditors object to your plan for your organization or do they just accept it? Jesse Barrientes: It depends on the creditor. Sometimes they object. Essentially, and we talked about this which is+ Read More The post Creditor Objections In A Chapter 13 Bankruptcy Case appeared first on David M. Siegel.

DA

Is The First Plan Payment Required In A Chapter 13?

This video talks about the desire to have the first plan payment in hand when filing a Chapter 13 bankruptcy case.  It is required by my office in most cases.  There are some exceptions. Your office, Dave, you also do the first plan payment as well. Do you not? David Siegel: What I like to+ Read More The post Is The First Plan Payment Required In A Chapter 13? appeared first on David M. Siegel.

DA

How Do I Pay The Chapter 13 Trustee?

This video talks about the method of paying the Chapter 13 Trustee.  Payroll control is the best way to have success in your Chapter 13 case. Jesse Barrientes: So how do I pay the trustee? Do I send them a check? A money order? How does that work? David Siegel: Well, if you are gainfully+ Read More The post How Do I Pay The Chapter 13 Trustee? appeared first on David M. Siegel.

DA

How Is The Chapter 13 Payment Amount Determined?

Your budget as compared to IRS standard allowances is going to determine, in part, how much you pay back to creditors over the life of your plan.  The video below touches upon that notion. Jesse Barrientes: Well, you mentioned the plan payment. How do I go about paying the trustee? So assume now we have+ Read More The post How Is The Chapter 13 Payment Amount Determined? appeared first on David M. Siegel.