Tag Archives: Chapter 13

Is There Really a Stigma to Filing Bankruptcy?

One of the concerns most frequently expressed to me in consultations with potential Chapter 7 and Chapter 13 bankruptcy clients in my southeast Michigan practice is whether their reputations will be ruined by the filing of a bankruptcy. It is almost universally believed, I gather from my clients, that a bankruptcy, once filed and once known of by the general public, will result in both a sullied business and personal reputation and also in a complete inability to get credit of any sort of years to come.

These are serious concerns for people who do see bankruptcy as a way out of what very realistically may be a hopeless financial situation but also a potential impediment for moving forward afterward.

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Can I File for Bankruptcy if I Reside Outside of the United States?

A bankruptcy can be filed in any of the Federal judicial districts in the United States which is deemed to be the proper “venue” for the case under Federal law, and, under Federal law, that venue, or location for filing, is any Federal jurisdiction “… in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of the case have been located for the one hundred eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than  in any other district.”

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Getting a Refund in a Chapter 13: Will Your Trustee Let You Have It?

Guest Post by Atlanta Bankruptcy Attorney Peter Bricks.

Many people use the tax return system as a pseudo savings account. They count on getting a federal and state refund every year and immediately use all the money to pay for all the necessary home upgrades, car repairs, medical bills, etc.. that they have been waiting to fund all year.

Put those same people as debtors in a Chapter 13 bankruptcy, and they should consider altering that strategy. For starters, depending on your district, your confirmed plan probably requires you to turn over your tax refund to your bankruptcy trustee.  That doesn’t necessarily mean the debtor will not get his/her refund, just that it’s no guarantee and might require a motion for the court’s approval to retain the tax refund. (Note that, in the Eastern District of Michigan, tax refunds ARE required to be turned over to Chapter 13 Trustees for the life of a Chapter 13 Plan. – JMH)

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Home Mortgage Loan Modification and Bankruptcy: Before, During and After Your Bankruptcy

The real estate bubble is one the primary culprits behind the rise in individual bankruptcy filings. Currently an astonishing 22.5% of home borrowers have home mortgage balances with negative equity. Many debtors therefore are looking for ways to reduce their monthly payments, if not get out of their home obligation entirely.

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How Can a Chapter 13 Bankruptcy Help Me Pay Down my Student Loans?

I have addressed the high bar to the discharge of student loan debt in bankruptcy on this blog in earlier posts. It remains true that student loans are very largely not dischargeable in bankruptcy. However, it is not true that bankruptcy cannot assist in managing or even paying down student loan debt.

A Chapter 13 bankruptcy, on the other hand, although it will not “discharge” non-dischargeable student loan debt any more than a Chapter 7 would, can be useful in obtaining relief from student loan payments for a lengthier period of time and managing the eventual pay-down of the debt balance.

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Will My Chapter 7 or Chapter 13 Bankruptcy Affect my Family?

One of the most common questions I receive from my potential Chapter 7 or Chapter 13 Michigan bankruptcy clients is with regard to the effect of an individual’s bankruptcy upon his or her family-members. Of course, there is at least an indirect effect: the income and debt-load of a family-member always has a general effect on those around him- or herself.

These potential clients mean something different than, though. They want to know what specific effect their bankruptcy will have on their spouse’s credit report, their children’s credit reports, employment prospects or business prospects of others in the household, ability to borrow student loans, and a host of other specific issues.

Generally, my response is that your bankruptcy will have no effect upon your family-members. However, there are a few instances where this may not be so.

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Is Income Tax Debt Dischargeable in Bankruptcy?

Income tax debt is, under some circumstances, dischargeable in Chapter 7 bankruptcy. Even outside of those circumstances, it is at least “treatable” in a Chapter 13 bankruptcy in a manner that can be a much better deal for the taxpayer than any of the payment schemes offered by the IRS.

Income tax debt, whether Federal or state income tax debt, is, for starters, classified as a “priority” claim by the Bankruptcy Code. In a Chapter 7 bankruptcy context, that means that, unless the debt meets certain criteria, it is non-dischargeable and the bankruptcy will not affect the filing debtor’s obligation to pay it. In a Chapter 13 bankruptcy context, “priority” classification means that the debt must be paid in its entirety within the Chapter 13 bankruptcy payment plan (60 months maximum).

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Is My Personal Injury Settlement Protected in Bankruptcy?

A personal injury settlement in Michigan may be protected in bankruptcy in a number of different ways depending upon the classification of the settlement funds.

Personal injury settlements may be awarded by Michigan district or circuit courts for different purposes: lost wage replacement, medical expense damages, caretaker or nursing services, and punitive damages, to name a few settlement categorizations. Depending upon which of these categorizations applies to a specific sum of settlement funds, the settlement may or may not be protectible in bankruptcy.

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Is Social Security “Income” in Bankruptcy?

Social Security benefits, both age benefits and disability benefits, are and also are NOT considered “income” within the bankruptcy process in a couple of different ways.

Income is considered in the bankruptcy process both as a measure of a debtor’s eligibility for Chapter 7 (as opposed to Chapter 13) bankruptcy and as a measure of the debtor’s ability to repay creditors some portion of the debt owed to them on monthly average basis.

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Can I Discharge a Personal Injury Judgment in Bankruptcy?

Personal injury lawsuits, depending upon the nature of the claim, are generally not dischargeable in bankruptcy. A claim or a judgment for an injury that is the result of an “intentional” tort is not dischargeability in bankruptcy. (An intentional tort is a civil offense committed with the intent of causing physical, mental, or financial harm to another person.)

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