Tag Archives: Chapter 13

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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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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TWO TRUSTEES IN SOUTH CAROLINA BANKRUPTCY CASES, WHY?

TWO TRUSTEES IN SOUTH CAROLINA BANKRUPTCY CASES, WHY?  If you file a bankruptcy case is South Carolina under Chapter 7 or Chapter 13, you will always have a Trustee assigned to oversee your case. This person is called the case Trustee and … Continue reading

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