Archive for Chapter 13
What Do I Do About a Bogus Proof of Claim?
Possibly the most important issue to handle in a Chapter 13 bankruptcy case is how to handle proofs of claim.
A proof of claim is filed by a creditor after a Chapter 13 bankruptcy case is filed. Its essentially the way for a creditor to raise their hand and say, you owe me money, please pay [...]
My Confirmation Hearing Got Postponed, Now What?
Confirmation can often be the most difficult part of a Chapter 13 bankruptcy case. There is an awful lot of haggling between your attorney and the trustee that goes on prior to confirmation.
In most cases, the first hearing on confirmation is continued, so it isn’t anything to worry about if you keep in touch with [...]
Who is the Bankruptcy Trustee Anyway?
One of the most common questions I get my bankruptcy practice is: “What is a bankruptcy trustee?”
Perhaps the proper question is who. In both Chapter 7 and Chapter 13 bankruptcy, the bankruptcy trustee represents your creditors in the bankruptcy court. It is a trustee’s job to look out for the interests of the creditors.
That doesn’t [...]
My Bankruptcy Case Was Dismissed, What Now?
Recently the bankruptcy law network website posted an article regarding the dismissal of the bankruptcy case and what happens if your case is dismissed. My Bankruptcy Case Was Dismissed, What Does That Mean? The information is accurate, however it didn’t really give you a solution to the problem other than call your attorney.
My response: “good [...]
Beware Out of State Loan Modification Companies Soliciting Chapter 13 Filers
Recently, a mortgage modification company from outside the area has been soliciting Chapter 13 bankruptcy filers in Philadelphia and Allentown with an offer of modifying their mortgage.
Getting a mortgage modification after a Chapter 13 case is filed is tricky enough, if the Chapter 13 plan authority been confirmed, it requires permission from the court to [...]
Wrong Answer at 341 Meeting May Cost You Your Home
The 341 meeting of creditors in bankruptcy cases generally a simple meeting. In the northern part of the Eastern District of Pennsylvania, which covers Lehigh and Northampton County, one of the most dangerous questions to be unprepared for is “What is the value of your home?”
It seems like it should be an easy question, however [...]
So Chapter 13 can save my house… but I shouldn’t do it?
The Lehigh Valley has been hit particularly bad during this mortgage foreclosure crisis. Consumers from Allentown, Bethlehem, Easton, and the surrounding cities and suburbs are finding themselves past due on mortgages that are significantly higher than what they could sell their home for.
It was doomed to happen. In 2005, houses routinely fetched $250,000 to $300,000 [...]
Question 3 at the 341 Meeting of Creditors: Are All Your Assets and Creditors Listed on the Schedules?
This is the third in my series of posts regarding questions being asked at the 341 meeting of creditors.
Preparation is the key to a successful 341 meeting of creditors, in fact proper preparation is the key to successful bankruptcy case. It is important be ready for any question that the bankruptcy trustee throws at you. [...]