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Chapter 13

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 […]

The Bankruptcy Process: What to Expect When you File Bankruptcy

Making the decision to file for bankruptcy can be daunting. Once you decide that bankruptcy is the right choice for you make sure that you understand the process from start to finish. When filing for bankruptcy, there are a number of steps to take in order for your petition to be approved: 1. Your Financial […]

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