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Category Archives: Chapter 13 Bankruptcy

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Objections to Proposed Chapter 13 Plans

By Kelley Kaplan & Eller |

Are you considering a Chapter 13 bankruptcy filing? If so, it is important to know that part of any Chapter 13 bankruptcy case is to draft a repayment plan designed to last three to five years. The aim is for the repayment plan to allow priority creditors to be repaid in full over the… Read More »

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Understanding the Chapter 13 Confirmation Hearing

By Kelley Kaplan & Eller |

When an individual (or married couple) files for Chapter 13 bankruptcy in South Florida, one of the steps in the bankruptcy process is the confirmation hearing. This hearing occurs so that the court can consider the elements of the debtor’s proposed repayment plan and can either approve the plan or send the debtor back… Read More »

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Question

What is the Good Faith Requirement in Chapter 13 Bankruptcy?

By Kelley Kaplan & Eller |

Are you currently considering a Chapter 13 bankruptcy filing? If so, you might have come across information concerning “good faith.” While there are frequently discussions about how a debtor may be deemed to be acting in bad faith in certain types of bankruptcy actions or omissions, the terminology of “good faith” is written into… Read More »

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Bankr28

Increase In Chapter 13 Bankruptcy Limits

By Kelley Kaplan & Eller |

A newly signed bankruptcy law will increase Chapter 13 bankruptcy debt limits to a combined amount of $2,750,000 in secured and unsecured debt. If you are planning to file for Chapter 13 bankruptcy, it is important to know about the law, when it will expire, and what the increased debt limits could mean for… Read More »

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Bankr32

Is Filing For Chapter 13 Bankruptcy Right For Me?

By Kelley Kaplan & Eller |

If you are currently considering personal bankruptcy, you are likely exploring your options for filing for bankruptcy in addition to other debt-relief possibilities. Once you have learned more about Chapter 13 bankruptcy, you may be wondering: is filing for Chapter 13 bankruptcy right for me? Chapter 13 bankruptcy can benefit many kinds of debtors… Read More »

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BankruptcyQuest

How Do Exemptions Work In A Chapter 13 Bankruptcy Case?

By Kelley Kaplan & Eller |

If you are thinking about filing for Chapter 13 bankruptcy, you may know that you will not need to worry about your assets being liquidated as you would in a Chapter 7 bankruptcy case. To be sure, under the U.S. Bankruptcy Code, a debtor’s assets are not subject to liquidation in a reorganization bankruptcy… Read More »

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BankruptcyQuest

Hardship Discharges In Chapter 13 Bankruptcy Cases

By Kelley Kaplan & Eller |

When a debtor in South Florida files for Chapter 13 bankruptcy, that debtor enters into a repayment plan agreement that usually lasts for a period of between three and five years. During that lengthy period, the debtor will make monthly payments that go toward repaying debt to creditors based on the value of non-exempt… Read More »

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National Association Of Chapter 13 Trustees Supports Proposed Bankruptcy Legislation

By Kelley Kaplan & Eller |

Newly proposed bankruptcy legislation would make it easier for debtors to seek bankruptcy protection and to be eligible for Chapter 13 bankruptcy. That proposed legislation, known as the Bankruptcy Threshold Adjustment and Technical Corrections Act (Senate Bill 3823), recently received support from the National Association of Chapter 13 Trustees (NACTT), according to an article… Read More »

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Bankr14

Benefits And Limitations Of Chapter 13 Bankruptcy

By Kelley Kaplan & Eller |

If you are thinking about filing for Chapter 13 bankruptcy, it is important to understand the various ways in which Chapter 13 bankruptcy can be beneficial to consumers, and the ways in which it can also have disadvantages. Before you make any decisions about filing for Chapter 13 bankruptcy or any type of bankruptcy,… Read More »

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Bankr27

The Debt Limit For Chapter 13 Has Been Raised To $2.75 Million

By Kelley Kaplan & Eller |

The debt limit for Chapter 13 has been raised to $2.75 million under the Bankruptcy Threshold Adjustment and Technical Corrections Act., effective June 21st. Section 109(e) now reads “[o]nly an individual with regular income that owes, on the date of the filing of the petition, non-contingent, liquidated debts of less than $2,750,000 or an… Read More »

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