Posts Tagged ‘Chapter 7 Bankruptcy’

Treatment of Automobile Expenses under Bankruptcy Act of 2005

Tuesday, October 26th, 2010

The changes that were made to the Bankruptcy Law relating to Chapter 7 and 13 consumer bankruptcy cases included significant changes to the treatment of automobile expenses under the Code. As with many aspects of bankruptcy in Chapter 7 and Chapter 13 cases, there has been significant development of the law in bankruptcy cases around the country in this area.

This article, which was presented in a bankruptcy law seminar, focuses on whether a chapter 7 or chapter 13 bankruptcy debtor may deduct certain expenses from their income, how courts around the country have treated this issue, and many of the questions that arise for bankruptcy attorneys, bankruptcy trustees, and bankruptcy courts, in addressing these issues.


Some Receipts Not Counted as Income in Chapter 7 or Chapter 13 Bankruptcy Cases

Friday, June 26th, 2009

A Main issue in any Chapter 7 or Chapter 13 Bankruptcy case is the calculation of what is known as “current monthly income”in determining whether a debtor qualifies for a chapter 7 bankruptcy or is required to pay their creditors in a chapter 13 bankruptcy. In some cases, even though a debtor has received money, it is not counted as “income” for purposes of determining qualification for a chapter 7 bankruptcy case.


Fifth Circuit Allows Deduction for Transportation Ownership for Debtor with No Loan Payment

Wednesday, June 24th, 2009

A continuing issue in consumer bankruptcy cases in Chapter 7, 11 and 13, is the manner in which automobile expenses are treated in the calculation of “current monthly income”. As with many aspects of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), practitioners and Courts have struggled with the question of determining the treatment of automobile expenses under the Code. On June 10, 2009, the Fifth Circuit Court of Appeals ruled that a Chapter 7 Debtor could claim the deduction and expense for transportation even if the Debtor used vehicles which were not subject to loans or leases.


Where is a Bankruptcy Case filed in New Jersey?

Friday, June 19th, 2009

This blog addresses where a Chapter 7, 11, or 13 Bankruptcy Case in New Jersey will be filed and why and a basic review of concepts such as “jurisdiction”, “venue”, and assignment of cases in this state.


Checklist: Tax Planning for Individuals filing Chapter 7, Chapter 13, or Chapter 11 Bankruptcy

Wednesday, June 17th, 2009

A short checklist of Tax Planning and Practice Strategies which may be followed by an attorney for an Individual considering the filing of a Chapter 7, Chapter 13, or Chapter 11 Bankruptcy.


Update and Comment: New Jersey Foreclosure Mediation and Bankruptcy

Tuesday, June 16th, 2009

Comment and Update regarding the New Jersey Bankruptcy Court regarding the New Jersey Foreclosure Mediation Program and Bankruptcy Debtors and the General Order of the United States Bankruptcy Court District of New Jersey regarding Negotiations between Debtor(s) and Mortgage Servicers to Consider Loan Modifications.


Update on New Jersey Foreclosure Mediation and Bankruptcy Debtors

Monday, June 15th, 2009

Information Contained in a Press Release by the United States Bankruptcy Court for the District of New Jersey for Bankruptcy Debtors and Others Concerning The New Jersey Judiciary Foreclosure Mediation Program


Chapter 7 and 13 Consumer Bankruptcy and Tax Returns

Friday, June 12th, 2009

When the Bankruptcy Code was changed in 2005, significant changes were made to the tax return filing requirements for Chapter 7 and Chapter 13 consumer bankruptcy debtors. The changes increased the need for a Debtor and their counsel to review tax filing information before filing a Chapter 7 or Chapter 13 consumer bankruptcy case. A recent Chapter 13 case in which I represented a debtor in New Jersey provides a good example of the often complicated nature of the bankruptcy code as it relates to tax filings and how it affects a case.


Sheriff’s Sale Adjournments after filing Chapter 7 or Chapter 13 Bankruptcy in New Jersey

Tuesday, June 9th, 2009

When a Chapter 7 or a Chapter 13 Bankruptcy is filed and a Sheriff’s Sale of a property is scheduled, New Jersey Law does not necessarily require that the mortgage company cancel the Sheriff’s Sale. Instead, the Plaintiff may adjourn the sale to a later date.


Case Highlights Importance of a “Complete” List of All Creditors in Chapter 13 or Chapter 7 Bankruptcy

Monday, June 8th, 2009

The Bankruptcy Code requires that a Bankruptcy Petition, whether it be a Chapter 7 or Chapter 13 Bankruptcy, include a complete list of all debts owed at the time of the filing of the Bankruptcy Petition. In addition to the requirements of the Code, it is very important that a Petition contain a complete list to provide notice and best protect the Debtor from future collection efforts and to avoid future costs and time associated with addressing the claims of creditors who allege failure of service. A recent Chapter 13 bankruptcy case from Indiana shows why the failure to list a creditor may affect a case.