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timeshare bankruptcy maintenance fees

How Do You Deal with Timeshares in Bankruptcy?

What Type of Property Right is a Timeshare Exactly? Time-sharing is an innovative form of property “ownership” borroweol from the computer industry. As the name implies, it is a method of creating multi- ple interests in a single piece of property by temporally dividing its use among as many as fifty purchasers. Each purchaser acquires […]

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Can You Get Rid of Government Fines in Bankruptcy Cases?

Whether you can discharge a fine in bankruptcy will depend on why you were assessed the fine to begin with.  The general rule with respect to fines and court costs in criminal cases is that fines issued as punishment for the crime are not dischargeable in either a Chapter 7 or Chapter 13. This includes […]

Motion to Retain Funds: How to Retain Your Tax Refund or Insurance Settlement While in Bankruptcy

Motions to Retain are a very common motion filed in bankruptcy court. The typical reason that bankruptcy attorneys file these motions is because their client is due either a tax refund or an insurance settlement and need to retain a portion or all of the funds for a necessary expense. A Chapter 13 Bankruptcy typically […]

The Means Test in Chapter 7 and Chapter 13 Bankruptcy: What is it?

Probably the most “mythical” part of bankruptcy, the means test was a creation of the new bankruptcy law update in 2005. Basically, it is a 6 month look back period of your income and allowable expenses. Luckily, there are many ways to approach the means test when you are considering filing for bankruptcy. It is […]

The Truth About Student Loans and Getting Rid of them in Bankruptcy

Most consumers facing bankruptcy also have student loans. With so much misinformation online on this topic, we cover the REAL facts about discharging student loans in bankruptcy. Under the current law, there are very few instances in which a debtor can use bankruptcy to discharge their student loans. It is also important to understand that it […]

How to Decide Which Chapter of Bankruptcy to File: Chapter 7 or Chapter 13?

Once you’ve decided that bankruptcy is the right solution for your financial situation, you will need to decide which type of bankruptcy is most beneficial. While there are many different “flavors” of bankruptcy available, the two chapters that apply to most consumers are Chapter 7 and Chapter 13. Choosing the Right Type of Bankruptcy In […]

Notice of Postpetition Mortgage Fees, Expenses, and Charges in Chapter 13 Bankruptcy Cases

Prior to 2011, many consumer would emerge from their Chapter 13 cases thinking they were debt free but instead would soon be hit with a foreclosure notice due to undisclosed and unpaid post-petition charges and fees. The rules were updated in 2011 so that debtors were provided ample notice of any changes to payment and/or […]

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