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Posts Tagged ‘chapter 13’

Wage Orders & Chapter 13 Bankruptcy

A chapter 13 bankruptcy is a reorganization bankruptcy, lasting usually between 3 and 5 years. Each month of the bankruptcy, a payment must be made by the debtor for the benefit of the debtor’s creditors.  This post discusses the logistics of these monthly chapter 13 bankruptcy payments. To make these payments, the chapter 13 trustee…

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How Can Bankruptcy Stop My Foreclosure?

Bankruptcy is an extremely useful tool when encountering a foreclosure on real property.  As part of my practice, I do foreclosure defense.  In many cases, bankruptcy is a fall-back option should my clients be unable to obtain a timely mortgage modification.  Sometimes we choose bankruptcy first to stop a foreclosure, rather than alternative options that…

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What is the Chapter 13 Bankruptcy Plan?

For every chapter 13 case that is filed, a chapter 13 plan must be submitted to the court and to your creditors.  The chapter 13 plan is probably the most crucial document of your chapter 13 bankruptcy.  This article details what the chapter 13 plan is and why it is so important. The chapter 13…

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The Chapter 13 Bankruptcy Debt Limit

I meet with clients almost daily.  During my free in-office bankruptcy consultation, I conduct an in-depth analysis of a client’s legal issues as it pertains to bankruptcy. Most often, a client will choose to file a chapter 7 bankruptcy, provided he or she meets the eligibility requirements for a chapter 7.  If the circumstances warrant…

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“Chapter 20” Bankruptcy

You may have heard of a Chapter 7 Bankruptcy.  And you may have heard of a Chapter 13 Bankruptcy.  But you probably have not heard of a “Chapter 20” Bankruptcy. While not technically a chapter of bankruptcy, “Chapter 20” bankruptcy nonetheless is an important strategy when dealing with very specific financial fact patterns. As I…

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The Many Chapters of Bankruptcy

As a consumer bankruptcy attorney, I limit my practice to chapter 7 bankruptcy and chapter 13 bankruptcy filings.  Most individuals and small businesses fall into either one of these two types of bankruptcies.  But there are many other chapters of bankruptcy beyond just a chapter 7 bankruptcy and a chapter 13 bankruptcy.  This article discusses…

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Emergency Bankruptcy

There is a bankruptcy known as an emergency bankruptcy.  This is not a special type of bankruptcy, but takes the form of either a chapter 7 bankruptcy or a chapter 13 bankruptcy.  An emergency bankruptcy deals more with process than substance.  This article discusses what an emergency bankruptcy is and when it is appropriate. An…

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Oregon’s Family Expense Statute, Separate Property State & Bankruptcy

Oregon is a separate property state surrounded by community property states (Washington, Idaho, Nevada and California).  There is, however, an exception to the separate property concept with Oregon’s “Family Expense Statute.”  This article details the Family Expense Statute in the context of a separate property state and also discusses how bankruptcy interacts with this statute.…

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Credit After Bankruptcy

Bankruptcy is not the end-all of credit many people believe it to be.  When used wisely, credit is an important part of our economy and financial lives.  This article details aspects of credit and building credit after filing a bankruptcy. It goes without saying that filing bankruptcy negatively impacts one’s credit.  For example, a chapter…

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Over Payment of Government Benefits

I meet clients from time to time who have received an over payment of government benefits, such as unemployment compensation or Social Security benefits.  Under particular circumstances, such over payment of benefits may be dischargeable in a bankruptcy.  But in other circumstances, such an over payment of benefits may become a non-dischargeable debt in bankruptcy.…

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