Chapter 13

  • Bankruptcy Could Save Your Home

    Bankruptcy Could Save Your Home

    If you are coping with foreclosure, bankruptcy could save your home. While bankruptcy might not just make your mortgage go away, if you want to keep your home, bankruptcy gives you options. Whether or not you’re facing foreclosure, bankruptcy could make your home both more affordable and more valuable. You have other options besides bankruptcy,…


  • What is the Difference Between Chapter 7 and Chapter 13?

    What is the Difference Between Chapter 7 and Chapter 13?

    The two most common types of bankruptcy filed by individuals are Chapter 7 bankruptcy and Chapter 13 bankruptcy. Both of these chapters of bankruptcy can resolve your debts. As a bankruptcy lawyer, I get asked all the time: what is the difference between Chapter 7 and Chapter 13 bankruptcy? Chapter 7 Bankruptcy Chapter 7 bankruptcy…


  • What are the Bankruptcy Chapters?

    What are the Bankruptcy Chapters?

    Most consumer debtors have two main bankruptcy chapters under the Bankruptcy Code: Chapter 13 and Chapter 7. There are, however, two other types of bankruptcy: Chapter 11 and Chapter 12. Here are the principal differences between the bankruptcy chapters. Chapter 7: Liquidation Chapter 7, also called straight bankruptcy, allows you to discharge most types of…


  • Bankruptcy Will Not Kill Your Credit

    Bankruptcy Will Not Kill Your Credit

    Bankruptcy will not kill your credit for 10 years. Many of the clients who come into my office think that. This common misperception is the result of an intense and extended propaganda campaign by institutional lenders and credit card companies. Obviously, your creditors want you to repay your debts, no matter what the personal cost to…


  • The Chapter 7 Liquidation Test in a Chapter 13 Bankruptcy

    The Chapter 7 Liquidation Test in a Chapter 13 Bankruptcy

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    Most consumers must choose between between either Chapter 7 and Chapter 13 bankruptcy. If you have significant assets (like equity in your home) then you may want to file a Chapter 13 bankruptcy. In a Chapter 7 bankruptcy, those assets may be subject to to liquidation by the trustee. But even in a Chapter 13…


  • How Often Can I File Bankruptcy?

    How Often Can I File Bankruptcy?

    If you have filed a previous bankruptcy and you received a discharge, you may wonder: “How Often Can I File Bankruptcy?” The Bankruptcy Code specifies certain time limits as to when you can file bankruptcy again and obtain a discharge. If your case was closed or dismissed, however, and you did not obtain a discharge…


  • Can the Bankruptcy Trustee Take My Tax Refund?

    Can the Bankruptcy Trustee Take My Tax Refund?

    Your income tax refund is basically an interest-free loan to the government. If you have paid more in taxes than you owe, then the government must repay you for your overpayment. Especially around this time of year, clients ask me the the same question. Can the Bankruptcy Trustee Take My Tax Refund? The short answer…


  • Beware of Temporary Mortgage Modifications

    Beware of Temporary Mortgage Modifications

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    On December 1, 2010, Chris Dodd’s final Senate hearing featured testimony from senior Fannie Mae and Freddie Mac executives. These execs blame mortgage servicers for triggering the mortgage meltdown. As a bankruptcy lawyer practicing in Washington, D.C. and Virginia, I have had several clients report the following scenario to me about temporary mortgage modifications. The homeowner…


  • Anatomy of a Foreclosure: How Foreclosure Works

    Anatomy of a Foreclosure: How Foreclosure Works

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    Foreclosure activity in the U.S. totaled 676,535 properties in 2017, down to a 12-year low. Foreclosure activity includes default notices, auction sale notices, and bank repossessions.  Many of those seeking foreclosure assistance ask how foreclosure works. If you are seeking to avoid foreclosure in Washington DC, Maryland, or Virginia, you must educate yourself quickly and…


  • What is a Proof of Claim in Bankruptcy?

    What is a Proof of Claim in Bankruptcy?

    In bankruptcy, a Proof of Claim is a creditor’s written statement detailing the creditor’s claim against the debtor. A Proof of Claim is usually filed in Chapter 13 cases. But Proofs of Claim are sometimes filed in Chapter 11 and Chapter 7 cases, as well. Why file a Proof of Claim? A creditor may be…


Chapter 13