The dollar amounts stated in various sections of the Bankruptcy Code are updated every three years, and April 1, 2013, is the date of the next update. While all of the relevant dollar amounts adjust on April 1, the...
People who are experiencing serious debt problems face many difficult decisions. If they feel that they are unable to pay their creditors and debt, they may face the difficult choice of whether to consider a Chapter 7 or Chapter...
The Bankruptcy Code requires that a Bankruptcy Petition, whether it be a Chapter 7 or Chapter 13 Bankruptcy (or any other Chapter), include a complete list of all debts owed at the time of the filing of the Bankruptcy Petition....
As with many aspects of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), practitioners and Courts have struggled with the question of determining the treatment of automobile expenses under the Code. To date, most cases have focused...
A main issue in any Chapter 7 or Chapter 13 Bankruptcy case is the calculation of what is known as "current monthly income". This issue is the often the most important one in determining whether a debtor qualifies for...
A continuing issue in consumer bankruptcy cases in Chapter 7, 11 and 13, is the manner in which automobile expenses are treated in the calculation of "current monthly income". As with many aspects of the Bankruptcy Abuse Prevention and Consumer...
A common question we get is "where will my case be filed"? Bankruptcy cases arise from the Federal Bankruptcy Code and therefore are heard and prosecuted in Federal Courts. In legal terms, this is called "jurisdiction". "Venue" is the legally...
The following is a short checklist of Tax Planning and Practice Strategies which may be followed by an attorney for an Individual considering the filing of a Chapter 7, Chapter 13, or Chapter 11 Bankruptcy. 1. Whether to File a Bankruptcy Case? The...
The New Jersey Bankruptcy Court issued the following press release regarding the New Jersey Foreclosure Mediation Program and Bankruptcy Debtors. The information may also be viewed at http://www.njb.uscourts.gov/notice/2009_02_04_foreclosure.pdf. Information for Bankruptcy Debtors and Others Concerning The New Jersey Judiciary Foreclosure Mediation...
When the Bankruptcy Code was changed in 2005, significant changes were made to the tax return filing requirements for Chapter 7 and Chapter 13 consumer bankruptcy debtors. The changes increased the need for a Debtor and their counsel to...
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