In the bankruptcy case of Puccio, Charles J. III and Julie K.; In re, the bankruptcy court allowed a proof of claim amended and filed by the IRS after the deadline for government claims because it related to proofs of claims filed prior to the deadline. The details of the bankruptcy case: The debtors filed [...]
In the Chapter 13 bankruptcy case of Grafton, Thomas W. and Patricia M.; In re, the bankruptcy court sustained an objection to confirmation of the debtors' plan saying the plan was not proposed in good faith and that it was unconscionable. The details of the bankruptcy case: When the debtor-husband divorced his previous wife, he [...]
In the Chapter 13 bankruptcy case of Wick, Dana L.; In re, the bankruptcy court confirmed the debtors' Chapter 13 bankruptcy plan over the bankruptcy trustee's objection. Bankruptcy case details: The debtor and her husband purchased a home in February 2006. At the time, they had not sold their existing home. The real estate market [...]
In the Chapter 13 bankruptcy case of Caccamise, Joseph and Cynthia; In re, the bankruptcy court ruled that it was okay for a debtor to pay one credit card in full while only paying others partially because the debtor needed access to the credit card for her business. The details of the bankruptcy case: The [...]
Scammers have a few new tricks up their sleeves which now include a scheme designed to defraud Chapter 13 bankruptcy debtors. How The Scam Works Chapter 13 bankruptcy debtors are sent a letter on very "official" looking letterhead titled "Notification of Debt Relief and Loan Modification" and it goes on to say that the debtor's [...]
In the Chapter 13 bankruptcy case of Avellandeda, Guillermo and Jenny; In re, the bankruptcy court overruled the trustee's objection to confirmation of the debtors' plan. The details of the bankruptcy case: The Chapter 13 debtors proposed a 36-month plan that anticipated paying 1 percent of unsecured claims. The debtors scheduled monthly take-home income of [...]
In the Chapter 13 bankruptcy case of Carolina Lottery Commission v. Wells, the bankruptcy court ruled against the Carolina Lottery Commission after it attempted to except its claim from bankruptcy discharge. The details of the bankruptcy case: The Chapter 13 debtors owned and operated a convenience store. In May 2006, the store received permission to [...]
In the Chapter 13 bankruptcy case of Janssen, Richard D.; In re (Janssen v. Chase Home Finance LLC), the bankruptcy ruled against a debtor who changed his mind about an oral creditor/debtor settlement agreement. The details of the bankruptcy case: After he received a Chapter 13 discharge, the debtor sued Chase Home Finance alleging that [...]
When a debtor decides to file for Chapter 13 bankruptcy, there is a limit on how much debt they can have. As of April 1, 2010 the debt limits for Chapter 13 bankruptcy will increase by 7 percent. Chapter 13 bankruptcy debt limits for unsecured debt will be $360,475 and for secured debt, the limit [...]
In the Chapter 13 bankruptcy case of Daniel-Sanders, Andrea C.; In re, the bankruptcy court ruled that a single debtor in Chapter 13 bankruptcy could in fact keep two cars but could only do so if it did not diminish bankruptcy plan payments for unsecured creditors. The details of the Chapter 13 bankruptcy case: The [...]