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Category: Chapter 13 Archive

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Bankruptcy and Property: Allowing a Home Included in a Chapter 13 Bankruptcy to Foreclose

If you filed for Chapter 13 bankruptcy, included your home, successfully completed a few years of the agreed upon repayment plan, but now find yourself unable to make your modified loan payment, can you walk away from the home? Can a lender foreclose on a home included in a Chapter ...
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Bankruptcy Law

Chapter 13: Can We Walk Away from the House, but Keep Our Two Vehicles?

Sometimes, even with the most thorough contemplations beforehand, we change our minds after a decision has been made. It can happen to anyone. Sometimes we change our minds about what to have for lunch and sometimes we change our minds about something pretty big and important – like which personal ...
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Bankruptcy Law

Do I Have to Turn Over My Tax Refund During Chapter 13 Bankruptcy?

When filing for Chapter 13, some filers receive a tax refund. As it is currently tax season, we get a lot of questions regarding a tax refund and bankruptcy. If you are in the midst of a Chapter 13 bankruptcy, do you need to turn over your tax refund? In ...
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Bankruptcy Issues

The Story of Post-Bankruptcy Mortgages

Filing for Chapter 7 or Chapter 13 personal bankruptcy means a mark on your credit report for as long as 10 years. But contrary to the belief of many who fear filing for bankruptcy because of this fact, a record of bankruptcy on your credit report for up to 10 ...
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Bankruptcy Issues

Should I Keep Paying Bills or Stop Paying My Bills if I’m Filing for Bankruptcy?

One of the most common questions from individuals who are about to file bankruptcy or are in the process of filing is, “Should I keep paying my bills or stop paying them before I file?” Since most who have decided to file for bankruptcy are either very overextended or delinquent, ...
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Bankruptcy Issues

How Soon Can I File Bankruptcy for the Second Time?

We don’t live in a perfect world. That’s why there are laws in place that are there to protect us from our own mistakes. One such helpful tool the law provides for us is bankruptcy. Sometimes we find ourselves in an impossible financial situation by no fault of our own. ...
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bankruptcy discharge

Your Home, Your Car and Bankruptcy

Many of us are attached to our vehicles and some of us aren’t sure what we would do without them. When considering filing for bankruptcy, there tends to be a lot of discussion about the home, but what about the car? What happens to your car when you file for ...
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Credit Counseling vs. Bankruptcy

Nearly every bankruptcy consultation will eventually lead to one big question: Is filing Chapter 7 bankruptcy a better option than credit counseling? It’s a big question with a big answer because they are both valid options and the only way to respond to the question appropriately is with a list ...
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Bankruptcy Alternatives

Protecting Assets in Bankruptcy with California Exemptions

Many assume that when declaring bankruptcy, all assets are lost to creditors. That’s simply not true. In many bankruptcy cases, debtors are able to keep everything and lose nothing (other than their overwhelming debt). Some or all of the filer’s assets are exempt. Exemption means that the specified property cannot ...
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Chapter 13

Slim Down Your Lifestyle Post-Bankruptcy

You’ve declared bankruptcy. It’s final. You’ve received your discharge. You have a fresh financial start…and some new challenges to deal with. Firstly, your credit rating has taken a hit. Considering the nature of bankruptcy, it probably wasn’t great to begin with, but bankruptcy will still affect your score. Your bankruptcy ...
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