Matt Berkus

Archive for the ‘Chapter 13 Bankruptcy’ Category

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Tips For Surviving Chapter 13 Bankruptcy – Ditch Cable/Satellite TV!

Saturday, November 6th, 2010

A chapter 13 bankruptcy budget is essentially a projected budget and the cardinal rule for expense categories and amounts is that they must be reasonable and necessary. However, the big trick to saving money in and having a successful chapter 13 bankruptcy is that the debtor need not spend the allotted amount in each category.

So, what about ditching Cable/Satellite TV? Depending on your entertainment package, (more…)

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Tags: bankruptcy, cable TV expense, chapter 13, chapter 13 bankruptcy, chapter 13 plan, chapter 13 trustee, discharge, money saving tips, saving in chapter 13
Posted in Chapter 13 Bankruptcy | Comments Off

What is a Chapter 13 Bankruptcy Hardship Discharge?

Friday, November 5th, 2010

The so called “hardship discharge” is an option available to a chapter 13 bankruptcy client and is authorized under Section 1328(b)(1) of the bankruptcy code. Note; a chapter 13 bankruptcy is a 36-60 month payment plan. A hardship discharge is a way to end a chapter 13 plan early and receive your discharge; the discharge is the goal of bankruptcy. (more…)

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Tags: bankruptcy, bankruptcy attorney, chapter 13 bankruptcy, discharge, hardship, hardship discharge
Posted in Chapter 13 Bankruptcy | Comments Off

Money Saving Tips For Surviving Chapter 13 Bankruptcy – Laundry

Sunday, October 24th, 2010

Many chapter 13 bankruptcy clients initially fear chapter 13 bankruptcy; they feel they will be constantly strapped for cash and under the thumb of the chapter 13 bankruptcy trustee. However, a well crafted plan by your attorney and spending discipline by the client will make for a very successful chapter 13 bankruptcy. (more…)

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Tags: Berkus, chapter 13 bankruptcy, chapter 13 plan, frugal spending, going green, make your own detergent, matt, money saving tips, surviving chapter 13
Posted in Chapter 13 Bankruptcy | Comments Off

Must I Pay My Debt Back in Full in Chapter 13 Bankruptcy?

Monday, September 27th, 2010

Question:

I have 2 underwater rental properties that I want to surrender. If I file Chapter 13 and surrender the rentals, the properties will likely auction for about $80,000 less than I owe. Will the bankruptcy court expect me to pay the $80,000 during my 5 year period? This would increase my current monthly payments quite drastically.

Answer:

Fundamentally, chapter 13 bankruptcies are about paying your creditors only what you can actually afford to pay. (more…)

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Tags: bankruptcy, chapter 13 bankruptcy, chapter 13 plan payment, chapter 7 bankruptcy, Debt Settlement, deficiency balance, rental properties, sample chapter 13 payment
Posted in Chapter 13 Bankruptcy | Comments Off

What is PACER, and Should I Use It to Monitor My Bankruptcy?

Friday, September 24th, 2010

PACER is the federal courts’ electronic filing and database system. In the bankruptcy sphere, it is how bankruptcy attorneys file and track bankruptcy cases. However, PACER can be accessed by anyone. Many bankruptcy clients will register for PACER to track the progress of their bankruptcy and for the Pro Se debtor (a bankruptcy debtor not represented by an attorney), PACER is a must. (more…)

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Tags: bankruptcy, bankruptcy attorney, cheap attorney, discount attorney, federal court, PACER, PACER Account, PACER bankruptcy, should I sign up for PACER, should I use PACER
Posted in Chapter 13 Bankruptcy, Chapter 7 Bankruptcy | Comments Off

What Happens To A 2nd Mortgage Lien Strip If Chapter 13 Bankruptcy is Converted to Chapter 7?

Friday, September 17th, 2010

Question:

Can I convert a chapter 13 bankruptcy to a chapter 7 bankruptcy if I have a confirmed lien strip on the 2nd mortgage; or can the 2nd mortgage be reaffirmed? The condo is worth less then the 1st mortgage?

I am asking for a loan modification via HAMP and that has just be filed. I am late 7 months on the 1st mortgage.

Answer:

Yes, you may convert a chapter 13 bankruptcy to chapter 7 bankruptcy at any time. The real question appears to be, what will happen at that point? (more…)

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Tags: 2nd mortgage lien strip, bankruptcy, chapter 13 bankruptcy, chapter 13 lien strip, chapter 7 bankruptcy, lien strip, reaffirm, reaffirmation, second mortgage
Posted in Chapter 13 Bankruptcy, Mortgage Debt | Comments Off

Can I Refinance My Mortgage DURING Chapter 13 Bankruptcy?

Tuesday, August 31st, 2010

Is it possible to refinance a mortgage while in chapter 13 bankruptcy? Yes! Is it common or easy to do? No! Chapter 13 bankruptcies are payment plans whereby an individual pays their left over income (after paying all necessary expenses) to pay back a portion of her debt. This means that the client usually has income (ideally stable income) and a means to pay both living expenses, including a mortgage, and some debt. In essence, a chapter 13 client is telling the court: “I have some money to pay my debt; I just don’t have enough to pay what my creditors want me to pay.” (more…)

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Tags: bankruptcy, bankruptcy attorney, chapter 13 bankruptcy, chapter 13 plan, chapter 13 refinance, FHA bankruptcy mortgage, FHA mortgage, FHA mortgage guidelines, FHA refinance
Posted in Chapter 13 Bankruptcy, Mortgage Debt | Comments Off

Should I Get A Newer Car Before Filing Chapter 13 Bankruptcy?

Monday, August 30th, 2010

Question:

I am considering chapter 13 bankruptcy.  I have a car that my husband and I are completely upside down on and have had the loan for 2 1/2 years paying $900 per month. Buying that car was the biggest mistake we have ever made!  My husband’s truck is 1 1/2 years from being paid in full.  Should we trade his truck in for a newer one and file chapter 13 bankruptcy and if so how long do we have to wait before we can file?  We are drowning fast.

Answer:

Depending on your specific circumstances, you may have several options. (more…)

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Tags: bankruptcy, chapter 13 bankruptcy, chapter 13 vehicle cram-down, cram down, vehicle cram-down
Posted in Chapter 13 Bankruptcy | Comments Off

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