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Recent Posts in chapter 13 plan Category

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NACBA's Principal Paydown Plan

Dear NACBA Member, Thanks to the good work of so many members, NACBA’s Principal Paydown Plan to help underwater homeowners in chapter 13 bankruptcy avoid foreclosure, has been endorsed by a ...
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What is an Adversary Complaint?

What is an Adversary Complaint? Federal laws protect an individual from creditor harassment during a bankruptcy case. Sometimes disputes arise during the case and a creditor, the trustee, or the ...
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Self Employed Individuals Use Net income not Gross income on form 22C, Means Test

Self Employed Individuals Use Net income not Gross income on form 22C, Means Test The US Bankruptcy Court for the District Court of Puerto Rico recently ruled in In Re: Roman (2011 Bankr. Lexis 4483) ...
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Stop Foreclose - Fees for Chapter 13 Bankruptcy

Stop Foreclose – Fees for Chapter 13 Bankruptcy Filing of a bankruptcy petition will instantly stop the foreclosure on your home. Often we are asked, how much is the fee? The standard pre-filing ...
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My home has been sold at foreclosure - Is there any way for me to get my house back?

My home has been sold at foreclosure – Is there any way for me to get my house back? Maybe, but the road in front of you will be an uphill battle. First, the best situation is to contact a ...
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Contested Lien Strip Victory - Second Mortgage Eliminated

Contested Lien Strip Victory – Second Mortgage Eliminated Many people are unaware that in bankruptcy you may complete eliminate second mortgages and equity lines of credit on their home or ...
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Alabama County Files Largest Chapter 9 Bankruptcy

Alabama County Files Largest Chapter 9 Bankruptcy Recently the commissioners of Jefferson County, Alabama, voted to file the largest Chapter 9 bankruptcy in history. The New York Times reports that ...
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FHFA Director Praises Principal Paydown Plan as "Promising" and "Credible"Pledges to Provide Members an Assessment in Two Weeks

Dear NACBA Member, I am pleased to report that NACBA’s “principal paydown plan,” designed to help struggling homeowners in chapter 13 save their homes from foreclosure, is now under ...
Continue reading "FHFA Director Praises Principal Paydown Plan as "Promising" and "Credible"Pledges to Provide Members an Assessment in Two Weeks" »

Are You A Bankruptcy Phoenix?

Are You A Bankruptcy Phoenix? The ancient world has many stories of the firebird, or phoenix. The phoenix is mythical bird of great beauty that lives a very long time. At the end of its life the ...
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"Support growing among policymakers for NACBA's Principal Paydown Plan"

Dear NACBA Member: On Wednesday, we wrote to bring you up-to-date on activities of NACBA’s Legislative Committee in support of the Principal Paydown Plan (PPP). Just as that email went out, we ...
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Bankruptcy's Means Test

Bankruptcy's Means Test In 2005, Congress changed the Bankruptcy Code and added a means test to prevent wealthy debtors from filing Chapter 7 Bankruptcy. The means test is a calculation designed ...
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Tax Returns After Filing Chapter 13 Bankruptcy --

Tax Returns After Filing Chapter 13 Bankruptcy YOU CAN KEEP YOUR TAX RETURN!!! A Massachusetts Chapter 13 bankruptcy case lasts between three to five years. That is three to five New Years, three to ...
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Eighth Circuit BAP Allows Strip Off of Wholly Unsecured Lien in Chapter 20

Eighth Circuit BAP Allows Strip Off of Wholly Unsecured Lien in Chapter 20 The Eighth Circuit BAP found that a chapter 13 debtor may strip off a wholly unsecured lien on his principal residence even ...
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Can I Keep A Credit Card If I File Bankruptcy?

Can I Keep A Credit Card If I File Bankruptcy? Many Massachusetts bankruptcy debtors need a credit card for work. Whether it is necessary for business purchases or travel, it is common for clients to ...
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Tax liens

Tax liens will "ride through" your bankruptcy case. If you have an otherwise dischargeable tax claim and a lien has been recorded against your real or personal property the lien will remain ...
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"RECENTLY FILED AMICUS BRIEFS." and "OTHER NEWS" -- From the National Association of Consumer Bankruptcy Lawyers

"RECENTLY FILED AMICUS BRIEFS: Exemption for Inherited IRA NACBA has filed an amicus brief in the case of In re Chilton, No. 11-40377 (5th Cir.). That case addresses the issue of whether a debtor ...
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Your Personal "Debt Ceiling"

Your Personal "Debt Ceiling" On July 25, President Obama addressed the country asking the American public to encourage their Congressmen to raise our nation's debt ceiling. The debt ...
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When Can I Stop Paying Credit Cards?

When Can I Stop Paying Credit Cards? Many of my Massachusetts bankruptcy clients ask, "When can I stop paying on my credit cards?" The answer seems obvious: "immediately." If you ...
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Bankruptcy Can Provide Leverage to Underwater Homeowners

Bankruptcy Can Provide Leverage to Underwater Homeowners The Washington Post recently reported that the Obama administration is not planning another large federally funded program to relieving the ...
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Life Happens: Bankruptcy Conversion or Dismissal During Chapter 13

Life Happens: Bankruptcy Conversion or Dismissal During Chapter 13 Much of an individual's bankruptcy case revolves around the date the case was filed, also called the petition date. On that date ...
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Rental Property - Mortgage Cram Down - Reduce your principle balance on your mortgage loan

Rental Property - Mortgage Cram Down - Reduce your principle balance on your mortgage loan In a chapter 11 or 13 bankruptcy you may be able to reduce the outstanding principle balance on your mortgage ...
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The Tough File Bankruptcy

The Tough File Bankruptcy Massachusetts native Joseph P. Kennedy, Sr., patriarch of the Kennedy clan, was fond of saying, "When the going gets tough, the tough get going." If you are struggling with ...
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Top Five Bankruptcy Provisions

Top Five Bankruptcy Provisions Many of my Worcester and Farmington bankruptcy clients report that filing bankruptcy was the best choice they ever made. The Bankruptcy Code provides powerful relief for ...
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What are typical fees in bankruptcy?

Every bankruptcy case is different fees will vary from case to case. Typical fees in consumer cases are as follows: Chapter 7: Legal Fee: $1,000 - $1,500 Filing Fee: $299 Bankruptcy counseling: $100 ...
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Bankruptcy is almost always cheaper than debt negotiation, settlement or consolidation

In most bankruptcy cases you will pay back nothing to your creditors. In other cases you will pay back what you can afford. Debt negotiation typically works by you making a payment to a company and ...
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