When you start a Chapter 13 plan, it’s good to have Chapter 7 available as a backup plan.
Many more Americans now believe that strong conflicts exist between the rich and the poor. After years of very high unemployment, millions of home foreclosures, and months of the Occupy Movement dominating the news, maybe this is not so surprising. But there ARE some unexpected and important twists in this change in attitude. Earlier […]
One advantage of filing a Chapter 13 case is that you can get out of it at any time. But what happens if you do dismiss your case?
Very few people who want to file Chapter 7 bankruptcy need to take the means test all the way to its limits. But if you do, you better have some iron-clad “special circumstances” to defeat your “presumption of abuse.” The means test triggers whether or not your case is presumed to be an abuse […]
You can usually get out of an ongoing Chapter 13 “adjustment of debts” bankruptcy case by simply asking to do so.
You can usually change from an ongoing straight Chapter 7 case into a Chapter 13 payment plan. But getting out of bankruptcy altogether is generally not allowed.
The means test is supposed to be an objective way to decide who qualifies to file a Chapter 7 bankruptcy. So what’s so objective about whether your “monthly disposable income” is less than $117 or more than $195? Sounds pretty arbitrary to me. Before getting to this step of the means test, let me bring […]
You have some wiggle room if you either want to get out of your bankruptcy case or change to the other Chapter.
What happens if you make too much money so that you are over “median income,” but you still want to file a Chapter 7 case? You get to go through the “black box” that is the expenses side of the means test. In the last couple of blogs I’ve covered the first part of […]
Each spouse in a marriage with significant tax debt has his or her self-interest, which may need a different solution than the other spouse.