A continuing issue in consumer bankruptcy cases in Chapter 7, 11 and 13, is the manner in which automobile expenses are treated in the calculation of “current monthly income”. As with many aspects of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), practitioners and Courts have struggled with the question of determining the treatment of automobile expenses under the Code. On June 10, 2009, the Fifth Circuit Court of Appeals ruled that a Chapter 7 Debtor could claim the deduction and expense for transportation even if the Debtor used vehicles which were not subject to loans or leases.
Posts Tagged ‘Chapter 13 Bankruptcy’
Fifth Circuit Allows Deduction for Transportation Ownership for Debtor with No Loan Payment
Wednesday, June 24th, 2009Where is a Bankruptcy Case filed in New Jersey?
Friday, June 19th, 2009This blog addresses where a Chapter 7, 11, or 13 Bankruptcy Case in New Jersey will be filed and why and a basic review of concepts such as “jurisdiction”, “venue”, and assignment of cases in this state.
Checklist: Tax Planning for Individuals filing Chapter 7, Chapter 13, or Chapter 11 Bankruptcy
Wednesday, June 17th, 2009A short checklist of Tax Planning and Practice Strategies which may be followed by an attorney for an Individual considering the filing of a Chapter 7, Chapter 13, or Chapter 11 Bankruptcy.
Update on New Jersey Foreclosure Mediation and Bankruptcy Debtors
Monday, June 15th, 2009Information Contained in a Press Release by the United States Bankruptcy Court for the District of New Jersey for Bankruptcy Debtors and Others Concerning The New Jersey Judiciary Foreclosure Mediation Program
Chapter 7 and 13 Consumer Bankruptcy and Tax Returns
Friday, June 12th, 2009When the Bankruptcy Code was changed in 2005, significant changes were made to the tax return filing requirements for Chapter 7 and Chapter 13 consumer bankruptcy debtors. The changes increased the need for a Debtor and their counsel to review tax filing information before filing a Chapter 7 or Chapter 13 consumer bankruptcy case. A recent Chapter 13 case in which I represented a debtor in New Jersey provides a good example of the often complicated nature of the bankruptcy code as it relates to tax filings and how it affects a case.
Sheriff’s Sale Adjournments after filing Chapter 7 or Chapter 13 Bankruptcy in New Jersey
Tuesday, June 9th, 2009When a Chapter 7 or a Chapter 13 Bankruptcy is filed and a Sheriff’s Sale of a property is scheduled, New Jersey Law does not necessarily require that the mortgage company cancel the Sheriff’s Sale. Instead, the Plaintiff may adjourn the sale to a later date.
Case Highlights Importance of a “Complete” List of All Creditors in Chapter 13 or Chapter 7 Bankruptcy
Monday, June 8th, 2009The Bankruptcy Code requires that a Bankruptcy Petition, whether it be a Chapter 7 or Chapter 13 Bankruptcy, include a complete list of all debts owed at the time of the filing of the Bankruptcy Petition. In addition to the requirements of the Code, it is very important that a Petition contain a complete list to provide notice and best protect the Debtor from future collection efforts and to avoid future costs and time associated with addressing the claims of creditors who allege failure of service. A recent Chapter 13 bankruptcy case from Indiana shows why the failure to list a creditor may affect a case.
What Debt Collectors Can and Cannot Do?
Wednesday, May 27th, 2009People who are experiencing serious debt problems face many difficult decisions. If they feel that they are unable to pay their creditors and debt, they may face the difficult choice of whether to consider a Chapter 7 or Chapter 13 Bankruptcy. These difficult decisions are often exacerbated by constant, harassing phone calls from debt collectors.
The Fair Debt Collection Practices Act (FDCPA) is Intended to Protect Consumers from Abusive Practices by Debt Collectors.
Under Pennsylvania Law Anti Modification Provision of Section 1322(b)(2) Does Not Prevent Mortgage Modification Where Mortgagee’s Security Interest in Mobile Home Was Additional Collateral
Thursday, May 14th, 2009A recent Pennsylvania Bankruptcy Court decision clarified some of the important issues in Chapter 13 bankruptcy cases where a debtor seeks to modify the mortgage on their residence and there is additional collateral taken in other assets.
Some Receipts Not Counted as Income in Chapter 7 or Chapter 13 Bankruptcy Cases
Friday, June 26th, 2009A Main issue in any Chapter 7 or Chapter 13 Bankruptcy case is the calculation of what is known as “current monthly income”in determining whether a debtor qualifies for a chapter 7 bankruptcy or is required to pay their creditors in a chapter 13 bankruptcy. In some cases, even though a debtor has received money, it is not counted as “income” for purposes of determining qualification for a chapter 7 bankruptcy case.
Tags: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy
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