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Keeping Your Financed Vehicle While You’re in Chapter 13

If you’re in deep debt and are considering filing for bankruptcy, you may be concerned about what will happen to the vehicle that you rely on for getting to and from work and for other necessary travel. If you’re steadily employed but besieged by creditors, a Chapter 13 bankruptcy allows you to restructure your debts Read More

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Obtaining a Mortgage Loan Modification as Part of Chapter 13 Bankruptcy

Chapter 13 bankruptcy may be used as an effective means of preventing foreclosure, allowing you to keep ownership of your home while repaying mortgage arrears over time. However, the mortgage remains in force, so you will be required to continue making mortgage payments going forward. This can be a difficult burden for a person trying Read More

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Using Chapter 13 Lien Stripping to Reduce Secured Debt

One of the chief benefits of a Chapter 13 bankruptcy is the ability to shield your home from mortgage foreclosure. But what if you have a second or third mortgage or a home equity lien on the same property? Through a process known as lien stripping, you may be able to reduce or eliminate those Read More

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How Are Chapter 13 Plans Structured and How Are Payments Calculated?

If you’re experiencing burdensome debt but are skittish about declaring bankruptcy, Chapter 13 is an alternative that may be right for you. Unlike a Chapter 7 bankruptcy — in which many of your debts may be discharged but at the cost of losing much of your property — Chapter 13 allows you to pay off Read More

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How Chapter 13 Can Save Your Home from Mortgage Foreclosure

Foreclosure of your family home can be devastating. If you’re struggling to keep up with mortgage payments or the lender sent you a foreclosure notice, you may be able to save your home by filing a petition for Chapter 13 bankruptcy. Critically, once a Chapter 13 petition has been filed, an automatic stay goes into Read More

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Using Chapter 13 to Deal With Overdue Taxes

Can IRS debt be discharged in chapter 13? The general rule in bankruptcy is that tax debts are not dischargeable. While a Chapter 13 repayment plan can stagger repayment of taxes over a three- to five-year period, it cannot wipe out all tax debts. However, there are exceptions. The test for dischargeability is whether a Read More

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How a Trustee or Creditor Can Oppose Your Chapter 13 Plan

Chapter 13 is a court-approved restructuring of debt that requires you to commit to a repayment plan that will last for three to five years. However, the plan you propose is not effective until the bankruptcy judge approves it after a confirmation hearing, at which creditors and/or the appointed bankruptcy trustee can raise objections. The Read More

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Examples of Chapter 13 Bankruptcy Protection in Georgia

Is Chapter 13 bankruptcy available to protect a person who is behind on child support or alimony payments and has been jailed or is facing an attempt to jail him or her? State court judges have the power to sanction a person for contempt of court for failing to comply with state court Orders requiring Read More

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Filing for Chapter 13 Protection

Bankruptcy can be a difficult bridge to cross but the benefits of the financial freedom it provides are usually well worth the risk. Many Debtors opt for the “fresh start” that Chapter 7 bankruptcy affords. However, there are numerous situations where a Chapter 13 bankruptcy is more appropriate, or even necessary. If a debtor is Read More

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Valuing A Tax Lien In Chapter 13

When IRS or the Ga. Dept. of Revenue (“GDR”) file a fully secured claim in a Chapter 13 case based on a pre-petition filed tax lien, 11 U.S.C. Section 506(a) operates to limit the claim to the value that any Debtor (“D”) has in the property scheduled in Schedules A and B in the Chapter Read More

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