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Monthly Archives: January 2012

What debts are included in a chapter 13 bankruptcy plan?

26 January 2012

All of your debts should be included. If you are current in your home mortgage payments, you can continue to pay the mortgage yourself outside of your Chapter 13 Plan. If you are in arrears in your mortgage payments, you are required to make all current mortgage payments and arrearage payments through the Chapter 13 Plan.

In addition, car loans, car leases, household goods loans and leases, taxes, student loans, credit card debt, medical bills, checking account overdrafts, payday loans, cash advance loans and all other debts are required to be included in your Chapter 13 Plan.

If you need assistance with unpaid medical bills, preventing foreclosure , preventing repossession, reducing financial liabilities, stopping wage garnishments, preventing collection calls, debt settlement, reducing or eliminating tax debt, and or rebuilding your credit consider consulting with us for your options. Chirnese L. Liverpool assists clients with filing for bankruptcy in California  as well as all of Nevada Our office represents clients with:  bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, and chapter 13 bankruptcy representation. We can be reached at (818) 714-2200.

Maxwell Law Firm PLLC represents clients in North Carolina with: bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications. You may schedule your appointment by calling 704-461-1883.  Save an additional 25% off the fees -by scheduling your appointment online.

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What debts are included in a chapter 13 bankruptcy plan? What debts are included in a chapter 13 bankruptcy plan? What debts are included in a chapter 13 bankruptcy plan? What debts are included in a chapter 13 bankruptcy plan? What debts are included in a chapter 13 bankruptcy plan?

if my bankruptcy plan is not confirmed and case is dismissed what happens to my plan payment

26 January 2012

If your bankruptcy case is dismissed, you will no longer have the automatic stay protection that bankruptcy affords.  The stay will be lifted and your creditors will be allowed to resume collection efforts.  Your creditors may add interest and penalties to the amount that were waived while your chapter 13 bankruptcy was active.

If your case is dismissed prior to your plan being confirmed the Chapter 13 bankruptcy Trustee is entitled to fees incurred in the administration of your case.  Your bankruptcy attorney may also be entitled to fees.  Any allowed fees will be paid from the money that you paid to the Trustee for your plan.  Also, disbursements may have been made to your mortgage creditor and/or other secured creditors entitled to adequate protection.  Any funds that are remaining after the previously allowed fees are paid, will be returned to you upon the closing of your chapter 13 bankruptcy case.

If you need assistance with unpaid medical bills, preventing foreclosure , preventing repossession, reducing financial liabilities, stopping wage garnishments, preventing collection calls, debt settlement, reducing or eliminating tax debt, and or rebuilding your credit consider consulting with us for your options. Chirnese L. Liverpool assists clients with filing for bankruptcy in California  as well as all of Nevada Our office represents clients with:  bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, and chapter 13 bankruptcy representation. We can be reached at (818) 714-2200.

Maxwell Law Firm PLLC represents clients in North Carolina with: bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications. You may schedule your appointment by calling 704-461-1883.  Save an additional 25% off the fees -by scheduling your appointment online.

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if my bankruptcy plan is not confirmed and case is dismissed what happens to my plan payment if my bankruptcy plan is not confirmed and case is dismissed what happens to my plan payment if my bankruptcy plan is not confirmed and case is dismissed what happens to my plan payment if my bankruptcy plan is not confirmed and case is dismissed what happens to my plan payment if my bankruptcy plan is not confirmed and case is dismissed what happens to my plan payment

I am separated or divorcing would it be appropriate to file for bankruptcy?

22 January 2012

I always ask clients what their marital status is and whether they have joint debts with their spouse says Charlotte Bankruptcy Attorney Victorianne C. Maxwell of Maxwell Law Firm, PLLC.

FILING BANKRUPTCY WHEN YOU ARE SEPARATED

If you are separated you are still legally married and have to disclose this on your bankruptcy petition. What does this mean? You must list that you are married and that your spouse lives in a different household.

DO I HAVE TO FILE WITH MY SPOUSE?

No you do not have to file with your spouse. You can file bankruptcy individually even if you are still living together. The difference in filing married individually vs. married and separated is that you will not need to include your spouse income on the later filin status. However, if you wish to elect to file together both of your incomes must be included on the bankruptcy petition even if you are separated.

WHAT HAPPENS TO JOINT DEBTS WHEN I FILE AND MY ESTRANGED SPOUSE DOES NOT

Depends on the Chapter of you file. If you file a chapter 7 bankruptcy, then you will receive a discharge on unsecure debts and those you have chosen not to affirm. What this means is that your spouse will remain liable and you will be discharged of liability. Filing a chapter 13 bankruptcy is a little more tricky. Since a payment plan is set up in a Chapter 13 case, the creditor must accept the payment provided by one spouse for that debt if their debt is secured and modified by the plan. But if the debt is unsecured the creditor can seek full or partial payment from the other spouse.

WHAT YOU SHOULD DO IF YOU ARE CONSIDERING BANKRUPTCY

Divorce itself can be quite a long and arduous process. Many times a lot of divorce squabbles stem from property and debt. Consulting with a qualified bankruptcy attorney can save you time and effort on fighting over who should pay for what. In the end creditor does not discriminate and can go after on or both of you for those debts. In some instances it may be beneficial to file jointly in others it may not be, but you will not know unless you consult with a Bankruptcy Attorney.

Maxwell Law Firm represents clients in North Carolina with: bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, Tax Services and loan modifications. You may schedule your appointment by calling 704-780-1100 or save 25% off the fees and schedule online at http://maxwelllegal.com/consultations. The Law Offices of Chirnese L. Liverpool assists debtors in Nevada and Los Angeles file for bankruptcy, they can be reached at (818) 714-2200.

Disclaimer: This post is for informational purposes only. Nothing in this post should be construed to be providing legal/tax advice and or creating an Attorney-client relationship.

 

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I am separated or divorcing would it be appropriate to file for bankruptcy? I am separated or divorcing would it be appropriate to file for bankruptcy? I am separated or divorcing would it be appropriate to file for bankruptcy? I am separated or divorcing would it be appropriate to file for bankruptcy? I am separated or divorcing would it be appropriate to file for bankruptcy?

Get Out of debt in 2012: Get a Fresh Start with Bankruptcy

6 January 2012

The Maxwell Law Firm, PLLC Seven Steps To Bankruptcy

Congratulations – You are off to a fresh start!

The attorneys at the Maxwell Law Firm, PLLC are committed to not only helping hard-workingtake control of their finances but also to resolving financial problems and finding opportunities to generate income for families who have been wronged by banks, creditors and collection agencies. If you are having trouble managing your debt, our skilled attorneys will council you to help you get back on your feet.  The bankruptcy laws exist to protect people who have fallen on hard times and need to make a fresh start.  Bankruptcy does not have to be scary and it is not have to create shame for you or your family. We understand the financial problems plaguing our country and want to be your advocate in helping you to take responsibility for your financial future.

Maxwell Law Firm represents clients in North Carolina with: bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications. You may schedule your appointment by calling 704-780-1100.  Save an additional 25% off the fees by scheduling your appointment online. Save $200.00 off the fees if you retain our firm before January 15, 2011. Attorney Chirnese Liverpool assists debtors with assistance with filing for bankruptcy in Nevada and Los Angeles.

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$999 Bankruptcy – Serving California and Nevada

5 January 2012

Chapter 7 Bankruptcy filings are only $999 for the attorney fee.  In addition, the court charges a $306 court filing fee*. Our $999 fee includes:

  • the intake consultation with attorney Chirnese L. Liverpool
  • preparation of your Bankruptcy Petition;
  • a comprehensive credit report
  • letters to creditors as necessary (to stop foreclosure or garnishments immediately);
  • Preparation of the trustee package and delivery to trustee;
  • representation at the “341a″ meeting of the Creditors;
  • and
  • representation through the discharge of the bankruptcy.

For a free bankruptcy phone consultation, call the The Law Offices of Chirnese L. Liverpool at (818) 714-2200.

* Credit counseling is not included, you can complete credit counseling on your own or use our preferred service for the pre-filing counseling course for $5 and the post-filing counseling course for $7.95 – both classes total $12.95. This offer price does not include self-employed inviduals or business filings.

If you need assistance with unpaid medical bills, preventing foreclosure , preventing repossession, reducing financial liabilities, stopping wage garnishments, preventing collection calls, debt settlement, reducing or eliminating tax debt, and or rebuilding your credit consider consulting with us for your options. Chirnese L. Liverpool assists clients with filing for bankruptcy in California as well as all of Nevada Our office represents clients with:  bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, and chapter 13 bankruptcy representation. We can be reached at (818) 714-2200.

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HOW TO PREPARE YOURSELF TO FILE BANKRUPTCY

2 January 2012

 

I am often asked what steps a person should take before filing for bankruptcy, says Charlotte Bankruptcy Attorney Victorianne C, Maxwell and I often have a few points I can discuss with potential clients.

1. Run a free copy of your credit report so that you can really see what is listed on their and how much debt you are likely in.

2. Compile any unpaid medical bills that may not be listed on your credit report.

3. Take a look at your monthly expenses vs. your monthly income. You can do this by compiling some paystubs, tax returns, and paystubs.

4. Take a look at your bank account deposits and withdrawals and see if they numbers add up. The biggest issue we come across in is when the clients bank statements are much more then what they report on their bankruptcy petition.

5. Contact , the state, and county to see if there are any outstanding tax balances. Keep in mind old tax debt can be discharged in bankruptcy if certain conditions are met.

6. Make a list of questions you may have about bankruptcy and the process.

7. Schedule your appointment with a bankruptcy attorney. Be sure to bring all the information listed above to your appointment and any additional information that the Attorney requests such as a intake form.

8. Relax. Bankruptcy is not the end of the world, it could be the fresh start for you and put you on the road to being debt free.

Maxwell Law Firm represents clients in North Carolina with: bankruptcy court, tax services. filing for bankruptcy, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications. You may schedule your appointment by calling 704-780-1100.  Save an additional 25% off the fees by scheduling your appointment online. Attorney Chirnese L. Liverpool is a Bankruptcy Attorney who assists debtors in filing for bankruptcy in Nevada and California, her office can be reached at 818-714-2200.

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