Texans who are considering filing for Chapter 13 bankruptcy might be interested in a case that was decided in Kansas earlier. In the case, a bankruptcy court ruled that an elderly, retired couple could file for a fee-only Chapter 13 bankruptcy through which they would...
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Chapter 13 Bankruptcy
How property is handled after a bankruptcy filing
On Behalf of Pelley Law Office LLP | Aug 17, 2016 | Chapter 13 Bankruptcy
Texas residents may be interested in a Louisiana ruling that may impact their ability to collect an auto accident settlement after declaring bankruptcy. The judge in Louisiana ruled that a settlement stemming from an auto accident claim three years after a Chapter 13...
How trustees handle payments that are returned by creditors
On Behalf of Pelley Law Office LLP | Aug 12, 2016 | Chapter 13 Bankruptcy
When Texans file for Chapter 13 bankruptcy, they will enter into repayment plans that will last from between 3 and 5 years. If a person does not successfully complete the repayment plan, the bankruptcy court may either convert the bankruptcy to a Chapter 7 case or...
Bankruptcy court questions 50 Cent’s Instagram posting
On Behalf of Pelley Law Office LLP | Jul 14, 2016 | Chapter 13 Bankruptcy
Texas fans of rapper 50 Cent may have heard that the entertainer filed for bankruptcy. He had faced a lawsuit from a woman involving a sex tape and had been ordered to pay her $7 million. With this debt on top of some losses in business, 50 Cent turned to...
Court rules that indemnity provision is not support
On Behalf of Pelley Law Office LLP | Jul 5, 2016 | Chapter 13 Bankruptcy
Texas residents may know that student loans and back taxes are not usually discharged by a Chapter 7 or Chapter 13 personal bankruptcy, but they might not be aware that alimony and maintenance payments required by divorce settlements could also be nondischargeable. A...
Tax refunds and a Chapter 13 bankruptcy
On Behalf of Pelley Law Office LLP | Jun 28, 2016 | Chapter 13 Bankruptcy
Texas residents who would like to keep their income tax refund while in a Chapter 13 bankruptcy may be interested in knowing more about petitioning the court to that effect. Because it is considered disposable income, the Chapter 13 bankruptcy trustee is most likely...
When Chapter 13 bankruptcy payments are late
On Behalf of Pelley Law Office LLP | May 26, 2016 | Chapter 13 Bankruptcy
Texas residents who file a Chapter 13 bankruptcy sometimes wonder what would happen if they run into financial difficulties and are unable to make one of their required monthly payments on time. These payments are generally sent to a designated bankruptcy trustee who...
Not everyone eligible for Chapter 13 bankruptcy
On Behalf of Pelley Law Office LLP | Feb 24, 2016 | Chapter 13 Bankruptcy
Texans considering bankruptcy should understand that there are different chapters under which a case may be filed. Each chapter has different effects and requirements, however, and not everyone is eligible.A Delaware case illustrates that not all debtors may be...
Mortgage payment changes in bankruptcy
On Behalf of Pelley Law Office LLP | Nov 13, 2015 | Chapter 13 Bankruptcy
Many people in Texas who file for Chapter 13 bankruptcy do so because they would like to be able to keep their home. Because Chapter 13 is a debt repayment plan, it is critical that the homeowner and the bankruptcy trustee be kept up-to-date on any changes in payments...
Texas debtors’ rights to collect legal fees from creditors
On Behalf of Pelley Law Office LLP | Oct 28, 2015 | Chapter 13 Bankruptcy
The U.S. Court of Appeals for the 9th Circuit has ruled that creditors may now be required to pay the legal fees of debtors who have sued for damages in connection with a violation of an automatic stay. Previously, debtors were only permitted to do so in connection...