Category Archives: Chapter 13 Bankruptcy Plan

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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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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HOW IS A CHAPTER 13 BANRUPTCY PLAN PAYMENT COMPUTED?

HOW IS A CHAPTER 13 BANRUPTCY PLAN PAYMENT COMPUTED? Determining how much a debtor will have to pay into a Chapter 13 Plan each month is partly governed by certain rules and partly by how much a debtor owes, what … Continue reading

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