When considering the possibility of filing a Chapter 13 bankruptcy, something that is frequently wondered by many who may be considering the process is what the size of the payments made into the Chapter 13 plan will ultimately be.  Every Chapter 13 bankruptcy is fundamentally built around the central premise of the person who is filing making payments into the bankruptcy trustee, who will then in turn make disbursements to creditors.  However, the size of these payments can be impacted by a number of factors, including the nature of the debts being resolved, the financial circumstances of the filer and the nature of certain actions or financial transactions that occur prior to filing. 

When a married couple contemplates the possibility of filing bankruptcy, they might naturally wonder whether they should file together.  They might also wonder what the ramifications would be if they do not.  For most couples, filing jointly will be to their benefit as it will afford both spouses the benefits implied by the bankruptcy, rather than simply conferring these benefits on one spouse but not the other.  However, there are certain circumstances in which this is also not the case.  Herein we shall examine when and why spouses may wish to file together, and what choosing not to file together ultimately looks like.  

For anyone who finds themselves facing the prospect of overwhelming or unmanageable debt, a very common course of action that many consider involves borrowing against a 401K or similar retirement account) to obtain liquid funds which may then be used towards existing or outstanding debts.  When this occurs, it creates something known as a 401K loan, which is effectively a loan issued by a financial institution (typically the same institution administering the 401K) that is then in turn secured by the funds deposited in the 401K.  

 A home is among the most important thing that any person can ever possess or own.  They stand at the center of our lives and serve as a source of shelter, security and identity

A frequently asked question by people dealing with unmanageable debt who might be either moving to or from Minnesota is - where should I file?  You might also wonder whether the timing of a filing is relevant in such a situation, or whether it might be more advantageous to file in one state versus another.  Herein we shall answer this questions and analyze how the process of selecting a venue for filing bankruptcy functions.  

In recent years, it has become increasingly common for individuals to add the name of a friend or a relative to the title, or deed, of an asset.  This primarily occurs due to a desire to either prepare for the asset to be passed on to that person after the eventual death of the original owner, or as is often the case with bank accounts, to allow the person whose name has been added to assist in managing and monitoring the asset.  For anyone who is contemplating bankruptcy, such a circumstance might well lead them to question the extent to which the inclusion of their name on a title or deed could be relevant in bankruptcy, and if so, how?       

When facing overwhelming or unmanageable debt, people will frequently find themselves weighing the possible options available to them to address the situation.  One of these options is, of course, bankruptcy.  Another that is frequently promoted or advertised is a process known as “debt relief”.  Thus, you might naturally wonder, how do these processes differ from each other, and which one is better?  Herein, we shall answer both of these questions and delve into the implications of each of these processes.

Something that many people wonder when filing bankruptcy is the extent to which it can assist them in addressing any existing judgements that they might currently have related to collections actions.  Judgements are frequently pursued by creditors during the collections process because they allow the creditor to do things like access wages or bank accounts to collect from the person who the judgement is held against.  Thus, when considering bankruptcy it is very common for anyone who is going through the process to wonder how the bankruptcy filing can assist them with any judgments that might currently exist.  

In virtually any bankruptcy proceeding, one of the first things that will always take place when preparing to file is that your attorney will sit down with you to discuss the assets that you own and the values that they hold.  This is done because in any bankruptcy, the person filing must disclose their assets to the court as a part of the bankruptcy process.  One of the primary reasons that this occurs is so that your attorney can assist you in informing the court (and your creditors) of the protections, known as exemptions, that exist to safeguard the things that you own as you navigate bankruptcy.  

Receiving a motion to dismiss while in a bankruptcy can be a scary or anxiety-inducing situation.  A motion to dismiss (often abbreviated as an MTD) could result in your bankruptcy being dismissed prior to the discharge taking place, which is rarely ever an outcome that you would like to see occur.  Thus, when you receive notice of a motion to dismiss, you may often wonder whether avoiding dismissal is possible and what steps you must take to ensure that dismissal does not occur.

Something that is frequently contemplated by anyone who might be considering a bankruptcy filing is the extent to which the bankruptcy will impact their existing car loan or lease.  You might wonder whether you can preserve the loan throughout the bankruptcy discharge process, or whether arrears on the vehicle loan can be caught up or paid off through the bankruptcy.  In brief, the answer is that yes, you can certainly preserve your vehicle and similarly, you may also be able to either catch up or pay off your car loan, depending on the chapter of bankruptcy that you file.  

Something that many people wonder when filing bankruptcy is the extent to which it can assist them in addressing any existing judgements that they might currently have related to collection actions.  Judgements are frequently pursued by creditors during the collections process because they allow the creditor to do things like access wages or bank accounts to collect from the person who the judgement is held.  Thus, when considering bankruptcy it is very common for anyone who is going through the process to wonder how the bankruptcy filing can assist them with any judgments that might currently exist.  

Confirmation hearings are a fundamental part of any Chapter 13 Bankruptcy.  They are the mechanism through which a proposed Chapter 13 plan becomes official, allowing the bankruptcy to proceed and opening the path towards the eventual bankruptcy discharge.  They occur any time that a new plan is proposed, and invariably follow a 341 hearing (also referred to as a first meeting of creditors) when the Chapter 13 bankruptcy is filed.  When notified of this hearing, many wonder whether it is something that they must attend, or whether the bankruptcy plan will be negotiated or modified by the parties involved when the hearing takes place.

When considering the possibility of filing bankruptcy, one of the most common things to contemplate before beginning the process is how much it will ultimately cost to do so.  This is an important question, and the answer will depend on a number of different factors, including the chapter of bankruptcy that you file, the nature of your financial circumstances at the time of filing, and the fee structure of the law firm that you retain to assist you.  There are a number of other factors that can sometimes affect the cost of filing in certain circumstances, but these are the primary determining factors involved.

Operating a small business can be both a rewarding and challenging experience.  There are any number of factors that go into both creating and sustaining a small business, not least of which is ensuring that the business is adequately funded.  Because of this imperative, many small business owners take out loans to ensure that their business has a sufficient amount of operating capital, both when starting up, and when engaged in their ordinary course of their operations.  This leads to the necessary question; am I personally responsible for these debts?  

Something that people frequently wonder when considering the possibility of a bankruptcy filing is the extent to which bankruptcy will affect their ability to take out new loans post-filing.  Among the various types of loans that are considered under such circumstances, perhaps the most common that people may typically ponder are car loans.  In brief, the answer is that bankruptcy does not inherently limit your ability to take out a vehicle, as there is no provision of the bankruptcy code that prohibits you from incurring a new loan after filing.  However, there are still several other things to consider in practical terms when analyzing this, including the chapter of bankruptcy filed.