Re-filing Chapter 7 Bankruptcy Case After Prior Dismissal

I was asked a question in a forum:  If a chapter 7 bankruptcy case gets dismissed for "failing" the means test, under 707(b) of the bankruptcy code (11 U.S.C. 707(b)), is there any time limit on re-filing? The answer is, for most cases, "no." But Automatic Stay May Be Affected There are penalties for filing subsequent bankruptcy cases within one year after a prior case has been dismissed. The main penalty is that the automatic stay, which prevent creditors from [...]

2017-08-14T21:54:24-07:00May 4th, 2010|

Chapter 13 Bankruptcy and Debt Consolidation

It's hard to know which direction to go when faced with debt problems. Debt consolidation is one option many utilize to get a handle on their debts. But the typical debt consolidation programs don't save you any money. In fact you're really just paying someone else to make your payments for you, and you're still paying interest and other charges on your debts. Or you are just taking out one new loan to pay off all of your numerous older [...]

2021-08-01T22:48:46-07:00February 4th, 2009|

Non-Filing Spouse’s Income Must Be Included in Bankruptcy

In bankruptcy, being married has its advantages and disadvantages. One disadvantage is that a non-filing spouse's income must be included in the eligibility analysis for the bankruptcy case of the other spouse. Both Spouse's Incomes Must Be "Included" In Bankruptcy Schedules Here's the scenario:  One spouse has certain debts which are only in that spouse's name and may have even been incurred entirely prior to the marriage. He (or she) wants to file a bankruptcy to deal with those debts [...]

2021-07-28T19:00:26-07:00July 17th, 2008|

Ninth Circuit Rules that Means Test Controls Chapter 13 Plan Length and Payment

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 [...]

2021-07-27T15:56:29-07:00June 27th, 2008|
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