Category Archives: Chapter 13 Bankruptcy

This is a general information section regarding Chapter 13 Bankruptcy

Question: If I file for bankruptcy, do I have to give up my 401k?

One of the few answers that I can give that is relatively absolute is that a 401k is exempt in a bankruptcy case.  This means that unless there is some type fraud, your 401k is safe from the reaches of … Continue reading

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HOW CAN A CHAPTER 13 DEBTOR SELL PROPERTY?

A Chapter 13 debtor may not sell or dispose of property that he or she owns when a Chapter 13 Bankruptcy case is filed unless approval is first obtained from the Bankruptcy Court. Remember that property includes real property such … Continue reading

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ARE ASSETS LOST WHEN A DEBTOR DIES BEFORE THE DISCHARGE IS OBTAINED

If a bankruptcy is filed and then the debtor dies, can the discharge still be obtained is a question that is asked more than one would think.  A Chapter 7 bankruptcy case can take 5 or 6 months to complete. … Continue reading

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DISCHARGE-BANKRUPTCY-THE DANGER IN NOT USING AN ATTORNEY

Bankruptcy does not discharge all debts, but, it discharges many types of debts.  There are actually different discharges that are granted for different types of debts.  If you use a petition preparer or computer form, will you properly plan so … Continue reading

Posted in Chapter 11, Chapter 13 Bankruptcy, Chapter 7, Discharge, Filing Bankruptcy Issues, GENERAL INFORMATION, Making the Decision to do Something | Tagged , , , | Leave a comment

CHAPTER 13 AND LEASES OR EXECUTORY CONTRACTS

Leases and executory contracts and how they affect a Chapter 13 is a source of great confusion.     In a Chapter 13 Bankruptcy case, you have to assume a lease or executory contract as a part of a the … Continue reading

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MODIFYING PLAN PAYMENTS IN A CONFIRMED CHAPTER 13 CASE

A debtor has filed the Voluntary Petition in a Chapter 13 case in the District of South Carolina. The Chapter 13 Plan or Plan of Reorganization has, often after much work, been confirmed and now at a later time, the … Continue reading

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