Student loans are a peculiar sort of debt in the context of a Chapter 13 bankruptcy case. They are unsecured which entitles them to low priority for repayment in Chapter 13 plans, yet they are nondischargable, meaning the student loan debt survives the bankruptcy discharge. Because of these two traits, it is very important to […]
WAITING TO FILE CHAPTER 13 BANKRUPTCY COULD COST YOU!
Most of the time, when a client comes into my office to talk about filing bankruptcy, they have urgency to file. We can usually point to a single event that has caused them to seek out legal advice. Perhaps they received notice of a foreclosure sale, their car has been repossessed, or creditors are hounding […]
What exactly is Chapter 13 Bankruptcy?
As Dallas Bankruptcy Attorneys many individuals ask us, what exactly is Chapter 13 Bankruptcy? Chapter 13 is really a proceeding within the Federal Bankruptcy laws where a person turns his debts, in concert with a plan for repaying them, over to the Bankruptcy Court. The debtor (you) will make regular installment payments to a person […]
WHAT HAPPENS WHEN A DEBTOR DIES WHILE IN BANKRUPTCY?
Rule 1016 of the Federal Rules of Bankruptcy Procedure addresses what happens to a bankruptcy case when a debtor dies. In Chapter 7 bankruptcy, the case continues. The estate of a Chapter 7 debtor is administered and the case concluded as though the death had not occurred. When a bankruptcy case is filed, property is […]
Why File Chapter 13 Bankruptcy?
North Texas debtors file Chapter 13 Bankruptcy for many different reasons, but in general debtors are seeking two forms of relief in Chapter 13 Bankruptcy. The first form of relief offered by the bankruptcy code is the automatic stay. The automatic stay is sometimes described as a gate closing, locking out the creditors. Basically, the […]