Cases at either extreme end of the spectrum are easy – clearly consumer or not. The ones in the middle warrant more time and caution. We add a textual description for each debt that states “business debt” or provides more info. The schedules may well be controlling or at least save you from scrutiny. That…
Debtor files Chapter 13 bankruptcy to save home with one mortgage w/ balance of approx $300k and property value of $190k. Debtor five months in default at time of petition and proposes plan maintaining regular mortgage payment and cures default over 60 months. Debtor is current in plan payments but mortgagee files motion for stay…
If he is buying a car on a loan, absolutely before filing is when to do it. That ups his expenses and also he may be able to get better terms now then immediately after filing, plus cases can hang open longer then expected and he will not be able to purchase a car while…
The brother of a good client called and told me that he had a guaranteed adebt several years ago, but in the interim, he got cancer, couldn’t work fortwo years, had two surgeries, two rounds of chemo, radiation, etc. etc. sothat he can now no longer afford to pay the debt. The creditor called himand…
Debtor files 2000 Federal and State Tax returns. IRS sends notice of additional tax assessed and penalty to Debtor and State Tax authority. State sends notice of additional state tax due. 2008 Debtor files a chapter 7 bankruptcy case. IRS tax discharged. State says no under state requirement that if Federal Return is adjusted Debtor…
Debtor filed chap 13 in 2006, listing the other driver in an auto accident in 2004. That person never filed a POC. Now, just before Debtor’s discharge other driver files PI lawsuit in state court; and after service issued, discovered the bankruptcy. By this time the bankruptcy was discharged, tho the case was not administratively…
Does he need the $299 to buy groceries? to pay rent? put gas in his car? I request waivers when clients have the money for necessities sitting in a bank account. I make a note on the application that “funds in the bank are intended for this month’s expenses.” When the pension or SSI check…
It may show that the joint debts are involved in a bankruptcy (or debts where non-filer is an authorized user). However, if it implies that the non filer actually filed, then be prepared to sue the CRAs. Co-debtor should pull credit report post-discharge to make sure. Nothing like a screaming phone call from a co-debtor…
To settle an adversary claim to determine dischargeability of student loans, creditor/defendant insists that ” debtor stipulates as to the fact that the loans are non-dischargeable.” Sounds like a conclusion of law or application of law to fact, not “fact.” Motion to Dismiss under Rule 7041 and leave it up to the court whether a…
Generally if it’s a roommate situation its a household size of one you list only the debtor share of shared expenses. For unmarried couples then I have to look at other factors like joint bank accounts, are there kids (of both of them)etc.
Cases at either extreme end of the spectrum are easy – clearly consumer or not. The ones in the middle warrant more time and caution. We add a textual description for each debt that states “business debt” or provides more info. The schedules may well be controlling or at least save you from scrutiny. That…
Debtor files Chapter 13 bankruptcy to save home with one mortgage w/ balance of approx $300k and property value of $190k. Debtor five months in default at time of petition and proposes plan maintaining regular mortgage payment and cures default over 60 months. Debtor is current in plan payments but mortgagee files motion for stay…
If he is buying a car on a loan, absolutely before filing is when to do it. That ups his expenses and also he may be able to get better terms now then immediately after filing, plus cases can hang open longer then expected and he will not be able to purchase a car while…
The brother of a good client called and told me that he had a guaranteed adebt several years ago, but in the interim, he got cancer, couldn’t work fortwo years, had two surgeries, two rounds of chemo, radiation, etc. etc. sothat he can now no longer afford to pay the debt. The creditor called himand…
Debtor files 2000 Federal and State Tax returns. IRS sends notice of additional tax assessed and penalty to Debtor and State Tax authority. State sends notice of additional state tax due. 2008 Debtor files a chapter 7 bankruptcy case. IRS tax discharged. State says no under state requirement that if Federal Return is adjusted Debtor…
Debtor filed chap 13 in 2006, listing the other driver in an auto accident in 2004. That person never filed a POC. Now, just before Debtor’s discharge other driver files PI lawsuit in state court; and after service issued, discovered the bankruptcy. By this time the bankruptcy was discharged, tho the case was not administratively…
Does he need the $299 to buy groceries? to pay rent? put gas in his car? I request waivers when clients have the money for necessities sitting in a bank account. I make a note on the application that “funds in the bank are intended for this month’s expenses.” When the pension or SSI check…
It may show that the joint debts are involved in a bankruptcy (or debts where non-filer is an authorized user). However, if it implies that the non filer actually filed, then be prepared to sue the CRAs. Co-debtor should pull credit report post-discharge to make sure. Nothing like a screaming phone call from a co-debtor…
To settle an adversary claim to determine dischargeability of student loans, creditor/defendant insists that ” debtor stipulates as to the fact that the loans are non-dischargeable.” Sounds like a conclusion of law or application of law to fact, not “fact.” Motion to Dismiss under Rule 7041 and leave it up to the court whether a…
Generally if it’s a roommate situation its a household size of one you list only the debtor share of shared expenses. For unmarried couples then I have to look at other factors like joint bank accounts, are there kids (of both of them)etc.