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Category Archives: Chapter 13

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Nicholas Gebelt is speaking on “Adversary Proceedings in Chapter 13”

Posted in Chapter 13

I will be discussing “Adversary Proceedings in Chapter 13” on Morgan King’s Friday Teleconference on Friday, September 27, 2013 at noon PST.  Mr. King’s Friday teleconferences are for bankruptcy and tax professionals, addressing topics of importance to consumer bankruptcy professionals.  More information can be found at www.FridayConference.com

Can I Continue To Contribute To My Retirement While In Bankruptcy? (Part 2)

Posted in Chapter 13

In my last post, I discussed retirement contributions within the Chapter 7 context.  Our attention now turns to retirement contributions in a Chapter 13 bankruptcy. II.        Retirement Contributions In A Chapter 13 Bankruptcy In discussing Chapter 7, I referred to Form 22A.  The Chapter 13 analogue is Form 22C, which is very similar to Form 22A; but… Continue Reading

Can I File For Bankruptcy More Than Once? (Part 2)

Posted in Chapter 11, Chapter 13, Chapter 7

My previous post dealt with the first of two possible settings involving a previous bankruptcy.  The first setting was when you received a discharge in the previous bankruptcy.  Today’s post deals with the second situation, i.e., your previous bankruptcy was dismissed. II.        Your Previous Case Was Dismissed Other than the 180-day bar of § 109(g), or… Continue Reading

Can I File For Bankruptcy More Than Once? (Part 1)

Posted in Chapter 11, Chapter 11 for Individuals & Married Couples, Chapter 13, Chapter 7, Small Business Bankruptcy, Small Business Chapter 7

The short answer to this is, yes.  But as you may suspect from the fact that this post is considerably longer than one sentence, there is a good deal more to a thorough answer than that monosyllabic response.  There are two possibilities regarding your previous bankruptcy:  (1) you received a discharge, and (2) your case… Continue Reading

Ipso Facto Clauses In Bankruptcy

Posted in Chapter 11, Chapter 13, Chapter 7

What is an ipso facto clause?  The phrase ipso facto is Latin for “by the fact itself.”  Ipso facto clauses are sometimes included in lease and purchase contracts, and they assert that if the lessee or purchaser becomes insolvent, or files for bankruptcy protection, then the contract has been breached.  In other words, under such… Continue Reading

Prenuptial Agreements In Bankruptcy

Posted in Chapter 13, Chapter 7

A fellow bankruptcy attorney recently posed an interesting pair of related questions: How (if at all) does a valid prenuptial agreement affect the requirements to list a non-filing spouse’s income in CMI per 707(b)(7)(B)?  Does it make ALL of the spouse’s income includable in the “marital adjustment”? Here is my response. I.          The Bankruptcy Code’s… Continue Reading

In re Flores: An Important Recent Chapter 13 Bankruptcy Case

Posted in Chapter 13

How long must a Chapter 13 repayment plan last? I.          The Statutory Authority Section 1325(b)(4) of the Bankruptcy Code makes reference to the “applicable commitment period”: [T]he “applicable commitment period”— (A) subject to subparagraph (B), shall be— (i) 3 years; or (ii) not less than 5 years, if the current monthly income of the debtor… Continue Reading

A Crackdown On Abusive Debt Collectors

Posted in Chapter 11 for Individuals & Married Couples, Chapter 13, Chapter 7, Debt

An ongoing source of distress for debtors is truly abusive debt collectors.  Many of these alleged humans ignore the due process rights of debtors, lie, and break the law in their efforts to shake down debtors.  Can anything be done?  Finally, the federal and state governments are starting to take some action. I.          The Problems… Continue Reading

Mortgage Rescission And Bankruptcy

Posted in Chapter 13, Chapter 7

I.          What Is Mortgage Rescission? Rescission is a way for a borrower to get out of a mortgage that was fraudulently or deceptively originated.  For example, if the lender misrepresented the terms of the mortgage by failing to disclose a balloon payment, or the nature of the adjustable rate, or advised the borrower to inflate… Continue Reading

Lien Stripping In A Chapter 13 Bankruptcy

Posted in Chapter 13

In my last post I discussed the three basic requirements a Chapter 13 plan must meet to get confirmed.  In this post I will discuss a powerful Chapter 13 tool that has no Chapter 7 analogue:  lien stripping.  (No, it’s not X-rated.) I.          Lien Stripping On The Debtor’s Primary Residence First the bad news:  In Nobelman… Continue Reading

Nicholas Gebelt speaking at the “Complex Bankruptcy Issues” Seminar on May 2, 2012

Posted in Chapter 13, Home Mortgage Modification

I will be covering the topics of “Chapter 13: Vehicle and Mortgage Complications” and “Formulating a Confirmable Chapter 13 Plan” at the “Complex Bankruptcy Issues” seminar for the National Business Institute on May 2, 2012 in Orange, California.  This presentation will cover such thorny issues as 910 car claims, rescission and second mortgages,  detail how… Continue Reading

The 2012 Foreclosures, The World And U.S. Economies, And Bankruptcy

Posted in Chapter 11, Chapter 13, Chapter 7, Debt, Foreclosure

Bankruptcy filings should surge in 2012 because the foreclosure pace is picking up speed, and because the world and U.S. economies are not headed for improvement in the near future. I.          Foreclosures In 2012 I haven’t written about foreclosure in a while, but an article in the Thursday Los Angeles Times has given me the… Continue Reading