Can I Keep My Property if I File a Bankruptcy Case?

Posted by Kevin Ryan | Oct 14, 2017 | 0 Comments

There are generally two types of consumer bankruptcy cases our clients file.  The first option we always look at is Chapter 7.  A Chapter 7 bankruptcy filing is a “liquidation” bankruptcy. Liquidation means that all of the non-exempt, non-encumbered property of the Debtor can be sold or traded fo...

Converting a case from Chapter 13 to Chapter 7

Posted by Kevin Ryan | Sep 02, 2017 | 0 Comments

In some cases, it will make sense to consider converting a Chapter 13 case to a Case under Chapter 7.  The first question that needs to be answered is whether you are eligible to proceed under Chapter 7 by converting your case.  You must verify that it was over eight (8) years since the filing da...

Lost Collateral in Chapter 13 Cases

Posted by Kevin Ryan | Mar 20, 2017 | 0 Comments

Situations sometimes arise in Chapter 13 cases where the Debtor is unable to physically surrender collateral which secures a debt to a creditor.  The reasons may be that the collateral was stolen,  title documents were not properly executed, or ( in the case of the debtor's residence) the collate...

Domestic Support in Consumer Bankruptcy Cases

Posted by Kevin Ryan | Jan 20, 2017 | 0 Comments

The bankruptcy code does not permit the debtor to receive a discharge on a "domestic support' obligation.  This means that child support and alimony must be paid after the conclusion of the bankruptcy case.   In the context of a Chapter 13 case, all of the child support and/or alimony that is pas...

Can I Discharge a Student Loan

Posted by Kevin Ryan | Nov 03, 2016 | 0 Comments

In most cases, you cannot discharge a student loan.   Although the subject is more complicated in some instances than can be covered in a blog post, there are cases where the debtor can discharge a student loan.  A discharge of a student loan can be ordered by the United States Bankruptcy Court, ...

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