Another year comes to an end. It was a busy year for bankruptcy. Not so much for people filing bankruptcy, but certainly for accessing bankruptcy information. Below are the most visited posts from my bankruptcy blog in 2014*: 10. How To Determine Which Debts Are Discharged in Your Bankruptcy Case When you receive your "discharge" there is nothing the court issues which lists which debts are discharged. How do you know which debts you no longer have to [...]
Court rules 401k loan repayments cannot be used in budget on means test to determine eligibility to file bankruptcy.
What is the means test in bankruptcy? What does it mean? How is it calculated?
Means Test Controls Chapter 13 Length and Payment Amount The Ninth Circuit Court of Appeals in Maney v. Kagenveama (In re Kagenveama), 527 F.3d 990 (9th Cir. June 2008) held that where an above-median chapter 13 debtor has negative “disposable income” per the means test but a monthly surplus per schedules I and J, the debtor is NOT required to propose a five year plan and the plan payment need not be based on the surplus. Since the new bankruptcy [...]
Chapter 13 and Chapter 11allow property owners to remove mortgage liens against their property when certain criteria are met.