Chapter 13 disposable income is whatever is left over from your net income after required payroll deductions and allowable expenses, after applying the means test formula. Put another way, disposable ...
A Chapter 13 bankruptcy repayment plan requires you to repay your creditors according to the plan you agreed on during your initial bankruptcy filing. If you find yourself unable to make your Chapter ...
Most Chapter 7 cases involve individual debtors who have no assets to satisfy any portion of their creditors' claims. These are called "no-asset" cases. In these cases, the court will hold a discharge...
There are three different bankruptcy chapters under the Bankruptcy Code through which an individual can file, and they are called Chapter 7, Chapter 11, and Chapter 13. A Chapter 7 case is sometimes c...
The state generally cannot suspend a license because you filed for bankruptcy. It is illegal for a governmental unit to deny, revoke, suspend, or refused to renew a license, permit, charter, franchise...
How bankruptcy will affect a co-signer will depend on the type of bankruptcy you file and the nature of the debt....
Bankruptcy effects on a joint account holder will depend on the type of account and the bankruptcy laws in your state. If the account is a savings, checking, or other similar type of account, a joint ...
Paying debts out of bankruptcy is generally inadvisable. Some payments that are paid before bankruptcy is filed can cause trouble and trustees have the right to ask the creditor for the money back. Ma...
Whether or not you have to give up your personal possessions when you file for bankruptcy depends on what type of bankruptcy you file. Even if you are required to relinquish your possessions, many of ...
When a person goes through a divorce and receives a property settlement from it, that settlement is not exempt from being liquidated during a bankruptcy. Should an individual file for bankruptcy and t...
Practically speaking, you can stay in your apartment and continue with your lease in bankruptcy so long as you are current in your rent payments as provided by your lease or by the common law of landl...
When you avoid a lien, you obtain a judicial determination that the lien no longer encumbers a piece of property. This means that you would then be able to sell the property despite the lien....
Judgment liens that exist before you file your bankruptcy generally survive the discharge issued by the bankruptcy court, with some exceptions....
At the conclusion of a lawsuit or settlement, the court will issue a judgment ordering the losing party to pay or satisfy the judgment. Some states require that a Notice of Entry be sent to the losing...
The typical methods employed in enforcing money judgments include voluntary compliance, wage garnishment, judgment lien and execution and levy. When a judgment debtor refuses to pay a money judgment, ...
A money judgment is a court order that awards the plaintiff a sum of money. The award can be owed to the plaintiff for a variety of reasons. Some examples are unpaid rent, damages to a rental unit, mo...
Creditors and collection agencies cannot have your driver's license suspended for not paying debts. Agencies and creditors routinely use threats of dire consequences for not paying debts, sometimes in...
Once a money judgment has been issued, the judgment creditor tries to get the judgment debtor to voluntarily pay the judgment. If a judgment debtor does not cooperate, the judgment creditor determines...
If someone has little income and few assets, they are effectively'judgment proof' and even if you win against them in court, you effectively lose: you spent the time and money to sue and receive nothi...
The Telephone Consumer Protection Act (TCPA) prohibits debt collectors from calling you on your cell phone, among other things, unless you've given them express written consent to do so. Even though t...
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