Your Chapter 13 Plan must meet the following four major standards in order to be approved by the Bankruptcy Court: 1. The “Chapter 7 test” 2. The “Disposable Income Test” 3. Form 22 standard 4. Feasibility standard Chapter 7 test standard: In a Chapter 13 case, the Bankruptcy Judge will want to know that the… Read More »
Timing the Filing of Your Bankruptcy Petition: A Critical Consideration in Some Bankruptcy Cases
The date selected for your bankruptcy case may have a significant impact upon the results you obtain in bankruptcy because the bankruptcy filing date is looked to as a starting point for many issues which arise in bankruptcy, including those pertaining to (i) your qualifying for Chapter 7 and the amount required for you to… Read More »
Your Response to Chapter 13 Trustee’s Motion to Dismiss for Failure to Make Plan Payments
The goal of the Chapter 13 repayment plan is to obtain a confirmed plan early on, make payments to the Trustee to pay your creditors and, ultimately, receive a discharge (perhaps 3-5 years later in many cases). Unfortunately, it is not uncommon to see Chapter 13 cases on the Trustee’s motion to dismiss calender. This… Read More »