Student Loan IBR in Chapter 13
In re Berry,582 B.R. 886 (Bankr. D.S.C. 2018)Student Loan servicer held liable for violating Chapter 13 plan.
In re Berry,582 B.R. 886 (Bankr. D.S.C. 2018)Student Loan servicer held liable for violating Chapter 13 plan.
In re Ellenburg, C/A No. 22-00811-hb, slip op. (Bankr. D.S.C. May 18, 2022) Debtor’s case was dismissed with prejudice (can’t refile) after the Court determined that Debtor photo shopped the date on the Credit Counseling certificate.
In re Flint, C/A No. 21-00702-hb, slip op. (Bankr. D.S.C. May 5, 2022) In this case, the purchaser of a business owned by the Debtor tries to move forward as secured by an interest in the business reflected in a contract for sale. The trustee objects because she claims his interest does not exist due… Read More »Trustee seizes company interest under contract due to flawed documents
“Simple as it seems, filing a proof of claim is a seminal act in bankruptcy that must be done right. Every time.” In re Milliman, C/A No. 17-10393, 2018 WL 1475937, at *3 In this case, In re Simmons, C/A No. 22-00680-eg, slip op. (Bankr. D.S.C. Aug 31, 2022, the Court awarded attorney’s fees and… Read More »Filing a proof of claim
United States Bankruptcy Court Forms When we prepare your bankruptcy together, we will prepare a very long document that includes details respecting your property, income, creditors, and financial history. These documents will then be reviewed by your case trustee who will ask you questions about your bankruptcy documents at your hearing. When you sign your… Read More »Bankruptcy Forms
VALUING VEHICLES CASE LAW ON VEHICLE VALUATIONS InReBrown Debtor failed to present evidence of retail value to overcome creditor’s objection. InReOrtiz Court weighs evidence of retail value in current condition presented by both Debtor’s and Creditor’s expert witnesses. VALUING MOBILE HOMES CASE LAW ON MOBILE HOMES InReMcLain A mobile home lien may be valued down… Read More »Valuations Of Property
Be careful of transferred property, especially to a family member. Bankruptcy offers a fresh start and offers a way to hold on to the property that you need to make a fresh start. The key to receiving bankruptcy protection is complete disclosure. (what lawyers call “good faith”). One of the most important ways the trustee and… Read More »Transfers Of Property
Standard court hearings are currently by Zoom:https://www.justice.gov/ust-regions-r04 The information gathered during your bankruptcy preparation process allows us to provide the bankruptcy court the information required to successfully process your bankruptcy case. Rule 1007. Lists, Schedules and Statements; Time Limits (See also 11 U.S.C. § 521. Debtor’s duties)Additionally, certain documents must be provided, or available, to the bankruptcy trustee. Rule 4002. Duties of… Read More »Required Hearing
Two short education classes are required for all persons who seek bankruptcy protection. You will complete these courses with an outside agency approved by the department of justice. The first course is required before you file, the second course is required after you file. You can complete these courses by email or by phone. There is an… Read More »Credit Counseling Certificate
To get your case started we will collect: During our bankruptcy process, you will be asked for the following information:> Last two years tax returns (both state and federal, or affidavit of exemption from filing: click here)> Pay stubs (or equivalent receipt of your source of income) for past six (6) months> The source, amount, and frequency of… Read More »Required Information