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07/21/2021 - The CARES Act Bankruptcy Provisions have been extended.
The President has signed into law H.R. 1651, which is the Covid - 19 Bankruptcy Relief Extension Act of 2021. This Act provides for a one year extension to all bankruptcy provisions that were included in the CARES Act . These bankruptcy provisions were originially set to expire on March 27, 2021, and will now expire on March 27, 2022.
The most noteable bankruptcy provision is the ability for a bankruptcy filer to extend a Chapter 13 Plan from a maximum term of 5 years, to a maximum term of 7 years. This allows filers to abate plan payment arrears, and enhances filers ability to pay off secured debts, such as mortgage arrears and vehicle loan arrears.
01/31/2021 - The CARES Act is helping prevent Chapter 13 Bankruptcy Plans from being dismissed.
During the Pandemic many individuals in Chapter 13 Bankruptcy are finding it difficult to continue their plan payments. This is due to many filers experiencing reduction of work hours, layoffs, and furloughs, leading to a decrease in their overall household income. A Chapter 13 Bankruptcy is analogous to a court ordered debt consolidation plan typically lasting 60 Months. In Chapter 13 Individuals make a monthly payment to the bankruptcy plan. That payment is then split among creditors.
Abatement of Missed Plan Payments:
If a Bankruptcy filer misses plan payments then their case will eventually be dismissed. To help prevent dismissal, under the CARES Act filers are able to extend their Chapter 13 Bankruptcy Plans from the prior maximum commitment period of 60 months to a longer period of 84 months. This can help filers to abate missed payments through extending length of their plans. This will allow the missed payments to be added on at the end . . .
12/14/2020 - Eviction and Bankruptcy
There are several bankruptcy options for tenants who are facing eviction. These options sometimes depend upon which type of bankruptcy you file. The most common type of bankruptcy is Chapter 7 which discharges most unsecured creditors, and generally last 4 1/2 months. The other type of Bankruptcy is Chapter 13, which is a payment plan bankruptcy which typical last 5 years.
Landlord has not obtained an eviction judgment yet:
If a landlord has not obtained an eviction judgment prior to your bankruptcy, then the automatic stay prevents the landlord from moving forward with an eviction lawsuit. The stay can last until your Chapter 7 Bankruptcy case is closed in 4 to 6 months from filing.
Landlord has been awarded an eviction judgment:
If the landlord has already obtained a judgment for possession in an eviction lawsuit, then the only way to prevent an eviction is to deposit the total arrears with the bankruptcy clerk. In other words, depositing your back owed rent in an . . .
Landlord has not obtained an eviction judgment yet:
If a landlord has not obtained an eviction judgment prior to your bankruptcy, then the automatic stay prevents the landlord from moving forward with an eviction lawsuit. The stay can last until your Chapter 7 Bankruptcy case is closed in 4 to 6 months from filing.
Landlord has been awarded an eviction judgment:
If the landlord has already obtained a judgment for possession in an eviction lawsuit, then the only way to prevent an eviction is to deposit the total arrears with the bankruptcy clerk. In other words, depositing your back owed rent in an . . .
10/02/2020 - Should you Sign-up with a Debt Consolidation Company?
The assistance that a Debt Consolidation (or Debt Relief) companies offer generally comes in two flavors. The first flavor is Debt Management, and the second is Debt Settlement. Before signing-up with a Debt Consolidation Company, I recommend reviewing your bankruptcy options with us first.
Debt Management Plans:
In a Debt Management plan, the Debt Relief company offers to help you manage your payments to creditors. You make one monthly payment to the Debt Relief Company, and they in turn make payments to your creditors. The Debt Relief company will attempt to decrease interest rates, reduce minimum payments, and waive penalties.
Here are several reasons why Debt Management Plans may not be successful. There is no legal obligation for your creditors to work with the Debt Relief companies. Many creditors will voluntarily work with the consolidator, but many creditors will not. Therefore, you may not be able to consolidate all of your debts in the Debt . . .
09/12/2020 - Repossessed Vehicles: What are my Bankruptcy Options?
Pennsylvania Right of Redemption for Repossessed Vehicles:
Under Pennsylvania law, vehicle owners have a 15-day right of redemption for repossessed vehicles. This means that if an individual can pay the entire car loan balance within 15 days of the repossession, then the lender must return the repossessed vehicle. For most people, the right of redemption is not very practical because if they were able to pay off their entire vehicle loan in the first place then it would not have been repossessed.
Chapter 7 Bankruptcy and Redemption for Repossessed Vehicles:
The right of redemption works differently in a Chapter 7 Bankruptcy. Instead of paying off the entire loan balance, car owners would only need to pay the appraised fair market value in order to redeem the vehicle. This may still be expensive, but some lenders specialize in so called "Redemption Loans," although . . .
Under Pennsylvania law, vehicle owners have a 15-day right of redemption for repossessed vehicles. This means that if an individual can pay the entire car loan balance within 15 days of the repossession, then the lender must return the repossessed vehicle. For most people, the right of redemption is not very practical because if they were able to pay off their entire vehicle loan in the first place then it would not have been repossessed.
Chapter 7 Bankruptcy and Redemption for Repossessed Vehicles:
The right of redemption works differently in a Chapter 7 Bankruptcy. Instead of paying off the entire loan balance, car owners would only need to pay the appraised fair market value in order to redeem the vehicle. This may still be expensive, but some lenders specialize in so called "Redemption Loans," although . . .
08/20/2020 - Loan Modifications versus Chapter 13 Bankruptcy
Individuals who have defaulted on their mortgages may apply for loan modification programs that are sponsored by the federal government or supported by the lender themselves. If a loan modification application is denied, then borrowers should consider filing a Chapter 13 Bankruptcy to save their home. Application Process: Generally an individual applying for a loan modification must supply to the lender proof of income for the last 60-90 days, bank accounts statements, tax returns from the previous two years, hardship letter explaining the individuals financial circumstances, utility bills, invoices for real estate taxes, and proof of home insurance. Benefits of a Loan Modification: Loan modifications programs are designed to help individuals with a reduced income stay in their homes and avoid foreclosure. Several of the techniques these programs use to modify your mortgage are by lowering your current interest rate . . .
05/10/2020 - What is the Process for Filing Bankruptcy
Initial Consultation:
The first step is meeting for the consultation. Our office offers a free initial consultation to make sure that bankruptcy is the best option for your financial situation. If we advise you that it makes sense to file bankruptcy then the next step is to determine whether you qualify for Chapter 7 or if a Chapter 13 payment plan is a better option. The consultation consists of an interview to review your debts, assets, income and expenses. The consultation generally last from thirty to forty-five minutes. A few helpful materials to bring to your initial consultation are your: (1) last 6 months of pay stubs, (2) previous two years federal tax returns, (3) credit card statements or collection notices, (4) collection lawsuits or judgment court papers, (5) most recent bank account statements, (6) retirement account statement, and (7) mortgage and vehicle loan statement showing remaining balance. At the end of your interview you will have a better understanding of your bankruptcy and other debt relief options. Also, we will send you a letter . . .
03/17/2020 - Credit Repair and Bankruptcy
Credit repair is the process of correcting the information shown on your credit report in order to increase your credit score, so that you can qualify for mortgages, car loans, and credit cards, etc. Under the Fair Credit Reporting Act the credit reporting agencies are required under federal law to report your credit information accurately. Some common problems that may appear on your credit report are as follows: Outdated Information: Debts that creditors had settled or had written off should no longer appear on your credit report after 7 years. In addition, debts that were not written off or settled in which the collection statute of limitations has run should drop off your credit report after 7 years as well. Furthermore, credit reporting agencies are prohibited . . .
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