Some Receipts Not Counted as Income in Chapter 7 or Chapter 13 Bankruptcy Cases
A Main issue in any Chapter 7 or Chapter 13 Bankruptcy case is the calculation of what is known as "current monthly income"in determining whether a debtor qualifies for a chapter 7 bankruptcy or is required to pay their creditors in a chapter 13 bankruptcy. In some cases, even though a debtor has received money, it is not counted as "income" for purposes of determining qualification for a chapter 7 bankruptcy case.
Fifth Circuit Allows Deduction for Transportation Ownership for Debtor with No Loan Payment
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 Protection Act of 2005 ("BAPCPA"), practitioners and Courts have struggled with the question of determining the treatment of automobile expenses under the Code. On June 10, 2009, the Fifth Circuit Court of Appeals ruled that a Chapter 7 Debtor could claim the deduction and expense for transportation even if the Debtor used vehicles which were not subject to loans or leases.
Where is a Bankruptcy Case filed in New Jersey?
This blog addresses where a Chapter 7, 11, or 13 Bankruptcy Case in New Jersey will be filed and why and a basic review of concepts such as "jurisdiction", "venue", and assignment of cases in this state.

What is 8+3?

Update and Comment: New Jersey Foreclosure Mediation and Bankruptcy
Comment and Update regarding the New Jersey Bankruptcy Court regarding the New Jersey Foreclosure Mediation Program and Bankruptcy Debtors and the General Order of the United States Bankruptcy Court District of New Jersey regarding Negotiations between Debtor(s) and Mortgage Servicers to Consider Loan Modifications.

Make a Payment Online

You may make payments to our office using our Secure Online Payment Page. As a courtesy to our clients, our firm offers online payments through Clio and LawPay. LawPay is a secure payment system that is compliant with all card brand security standards, ensuring protection of your personal information.

Make a Payment

Chapter 7 and 13 Consumer Bankruptcy and Tax Returns
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 review tax filing information before filing a Chapter 7 or Chapter 13 consumer bankruptcy case. A recent Chapter 13 case in which I represented a debtor in New Jersey provides a good example of the often complicated nature of the bankruptcy code as it relates to tax filings and how it affects a case.

Subscribe to our Email Newsletter

Subscribe Now