Who can file a Chapter 13 Bankruptcy?   1 comment

Posted at 9:06 pm in Chapter 13 Basics

One must be a Maryland resident to file for bankruptcy relief in Maryland. As a general rule, one cannot file another Chapter 7 case if one has received a discharge with 8 years from the date the prior case was filed. One is not entitled to file for another Chapter 13 discharge within 4 years of receiving a Chapter 13 discharge. However, one can file another Chapter 13 case at any time in order to obtain some breathing room to get caught up even if one is not eligible for another discharge of one’s debt.

Generally, one can re-file a Chapter 7 or a Chapter 13 case immediately if one’s case is dismissed, but may have to wait 180 days if the dismissal was due to failure to respond to a court order or in the case of repeat filings after a creditor has filed a motion for relief of stay to pursue a foreclosure after a post-petition default.

Rather than make an assumption and be wrong, one should consult with an experienced bankruptcy attorney promptly to review one’s options. Sometimes, it is possible to have one’s case re-opened. The current unsecured debt limit is $383,175 and the secured debt limit is $1,149,525. There are no limits in Chapter 7 or Chapter 11.

Contact us now to inquire about our Chapter 13 Bankruptcy related legal services.

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Written by RobG on June 2nd, 2014

Will I lose my job if I file for Chapter 7 or Chapter 13 Bankruptcy?   no comments

Posted at 8:51 pm in Chapter 13 Basics

The Bankruptcy law prohibits discrimination based upon a debtor filing for bankruptcy relief or protection. This means that most jobs are not affected by a bankruptcy filing.  Certain jobs that have higher levels of security clearance could be at risk. Lower level security interest jobs may not be a problem.  You should make a discreet effort to inquire as to the policies that apply to your specific type of job.

There are many factors that one should consider before deciding whether bankruptcy is right for you.   Rob Goldman’s 27 years of experience and creativity in finding sensible solutions could help you make the right decision.

Take the first step to finding out what you need to know!  Chapter 7 and Chapter 13 each have their benefits. Don’t assume.  Keep an open mind.  Peace of Mind is a click or phone-call away.  Contact us now!

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Written by RobG on June 2nd, 2014

Can I keep my home and personal property if I file Chapter 13?   no comments

Posted at 12:59 pm in Chapter 13 Basics

YES. One of the main reasons for filing a Chapter 13 bankruptcy is to keep your home. Usually, if you are behind on your house payments, your Chapter 13 Plan will provide that you begin making your current monthly payments and not get any further behind. Any payments you are behind on will be paid to the mortgage company through the Chapter 13 trustee.

Contact us now to inquire about our Chapter 13 Bankruptcy related legal services.

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Written by RobG on November 13th, 2013

What happens to my real property and other assets after filing Chapter 13?   no comments

Posted at 12:57 pm in Chapter 13 Basics

Once the Chapter 13 bankruptcy is filed, all of the property of the debtor at the time of the filing and certain other property to be received in the future, becomes the property of the bankruptcy estate. This means that the bankruptcy trustee will take control of all non-exempt property for purposes of satisfying the creditors. However, once the Chapter 13 Plan is confirmed [approved by the court], control over all of your property, except for future wages, will be returned to you.

Contact us now to inquire about our Chapter 13 Bankruptcy related legal services.

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Written by RobG on November 13th, 2013

Will my employer find out about my Chapter 13 bankruptcy?   no comments

Posted at 12:55 pm in Chapter 13 Basics

Under normal circumstances, unless your employer is a creditor, your employer will not know that you have filed bankruptcy. However, there is a growing trend in Bankruptcy Courts to require wage withholding to fund the Chapter 13 Plan. This means that your employer may receive an order from the Bankruptcy Court to deduct your Chapter 13 payment from your check and send it directly to the Chapter 13 trustee. Consult your attorney about local procedure.

Contact us now to inquire about our Chapter 13 Bankruptcy related legal services.

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Written by RobG on November 13th, 2013

Can I go to jail if I file Chapter 13 bankruptcy?   no comments

Posted at 12:53 pm in Chapter 13 Basics

ABSOLUTELY NOT. There are no debtors prisons in the United States. As a matter of fact, the right of bankruptcy is governed by the U.S. Constitution in Article I, Sec. 8, cl.4.

Contact us now to inquire about our Chapter 13 Bankruptcy related legal services.

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Written by RobG on November 13th, 2013

Does my spouse also have to file for Chapter 13 bankruptcy?   no comments

Posted at 12:38 pm in Chapter 13 Basics

No. In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable, then it might be advisable to have only one spouse file.

Contact us now to inquire about our Chapter 13 Bankruptcy related legal services.

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Written by RobG on November 13th, 2013

How long after I file Chapter 13 will the creditors stop calling?   no comments

Posted at 12:35 pm in Chapter 13 Basics

Once a creditor or bill collector becomes aware that you have filed for bankruptcy protection, he or she must stop all efforts to collect the debt. When your bankruptcy is filed, the court will mail a notice to all of the creditors listed in your schedules. This usually takes a week to ten days. You will receive a copy of the same notice which goes out to creditors. If this is not soon enough to stop a garnishment or repossession, then you should have your attorney inform the creditor immediately.

If a creditor continues to use collection tactics once informed of the bankruptcy, they may be liable for court sanctions and attorney fees for this conduct.

Contact us now to inquire about our Chapter 13 Bankruptcy related legal services.

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Written by RobG on November 13th, 2013

Will Chapter 13 filing stop calls from bill collectors?   no comments

Posted at 12:33 pm in Chapter 13 Basics

One of the major benefits of filing for protection under Chapter 13 is that creditor actions are stayed (stopped). This means that debt collection efforts and foreclosure are halted immediately. Chapter 13 also protects co-debtors or co-signers from collection activity while you are making your Chapter 13 payments.

Contact us now to inquire about our Chapter 13 Bankruptcy related legal services.

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Written by RobG on November 13th, 2013

What are the most common causes of Chapter 13 Bankruptcy?   no comments

Posted at 12:30 pm in Chapter 13 Basics

The most common reasons for consumer bankruptcy are (a) loss of a job or long-term layoffs; (b) loss of overtime hours; (c) lengthy illnesses and large medical expenses; (d) death or disability of a spouse; (e) separation, divorce and marital problems; (f) seriously over-extended credit; and (g) large unexpected expenses.

Contact us now to inquire about our Chapter 13 Bankruptcy related legal services.

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Written by RobG on November 13th, 2013