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Chapter 13 Archives

U.S. District court reverses ruling on Chapter 13 plan

In many instances, appeals of an order entered in a U.S. Bankruptcy Court here in New Jersey or elsewhere are heard by the U.S. District Court in the same geographic area. Recently, a ruling that approved a Chapter 13 bankruptcy plan was reversed by an out-of-state court. The issue was whether the filer was allowed to pay his attorneys' fees before his mortgage under the plan.

Rapper's Chapter 13 bankruptcy dismissed -- debts not discharged

New Jersey music fans might be familiar with rapper Tyga, whose real name is Michael Ray Stevenson. In Dec. 2010, Tyga filed for Chapter 13 bankruptcy. That bankruptcy was dismissed in February of this year for failure to provide required documents to the court. He did not receive a discharge of any of his debts.

Wells Fargo owes money to some Chapter 13 homeowners

When a New Jersey homeowner is behind on his or her mortgage and is otherwise overwhelmed financially, he or she may turn to the bankruptcy court for help. Filing Chapter 13 bankruptcy often allows homeowners the opportunity to keep their homes while reorganizing their financial lives and paying off their debts under the supervision of the court. In exchange, creditors are also bound by certain rules when dealing with these filers.

Some debts are treated differently in a Chapter 13 bankruptcy

When a New Jersey resident files for bankruptcy, the first step is to determine under which Chapter to file. This decision is often less about the individual's preference since income level often drives that choice. If a person's income is above a certain level, he or she will need to file a Chapter 13 bankruptcy, and certain debts are treated differently in such a filing than in a Chapter 7 petition.

Chapter 13 may be right for many New Jersey residents

A New Jersey resident can quickly become overwhelmed by debt after a divorce, job loss, accident or illness. Under these circumstances, filing for bankruptcy may be an easy decision. However, deciding whether to file a Chapter 13 or Chapter 7 bankruptcy -- the most commonly filed by individuals -- may not be quite as easy.

Chapter 13 bankruptcy could eliminate a second mortgage

Most of the attention during the housing crisis rightly went to first mortgages. However, numerous New Jersey homeowners also took out second mortgages in better economic times. In the aftermath of the Great Recession, those second mortgages add to the overwhelming amount of debt threatening to consume some residents. Fortunately, Chapter 13 bankruptcy could eliminate that second mortgage, along with residents' other debt.

Qualifying for a Chapter 13 bankruptcy

When a New Jersey resident decides to file for bankruptcy, the next step is to determine what type of bankruptcy to file. Consumers most often file either Chapter 7 or Chapter 13. Both chapters have certain requirements, which often help make the decision of which to file for the consumer.

There are numerous benefits to filing for Chapter 13 bankruptcy

Since the United States Bankruptcy Code changed, not as many New Jersey residents qualify to file for Chapter 7 bankruptcy because they have disposable income, which is the money an individual has left after paying for necessities such as shelter, food and health care -- just to name a few. As an alternative, these individuals may file for Chapter 13 bankruptcy, which is a reorganization of a person's debts through a payment plan overseen by a trustee who works for the bankruptcy court. The benefits to filing a Chapter 13 bankruptcy are numerous.

How a Chapter 13 bankruptcy differs from a Chapter 7 bankruptcy

Many New Jersey residents become overwhelmed by debt and decide to file for bankruptcy. However, knowing which form of bankruptcy to file can present a challenge. Significant differences exist between the two main chapters of bankruptcy filed by individuals -- Chapter 7 and Chapter 13.

Chapter 13 bankruptcy could help when income is less than debt

No matter how much money a New Jersey resident makes, he or she can still be overwhelmed by debt. Many people believe that if a person earns a large salary, he or she does not have problems with debt. However, that can be far from the truth. Income level has little to do with the amount of debt a person may accumulate. For some, filing for Chapter 13 bankruptcy could help them pay off debt and achieve stability once again.

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At the law offices of Minion & Sherman, our New Jersey bankruptcy attorneys have been providing families with real solutions for more than 20 years.

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