Bankruptcy Chapter 13 Legal Questions

Your attorney is the most familiar with the terms of your Plan and the policies in the District in which your case was filed. It is impossible to answer this question on an online basis because your entire case and Plan needs to be reviewed. I suggest you schedule some personal consultations with other local attorneys who have experience with Chapter 13 in your District. You should also ask your attorney about the consequences of dismissing your Chapter 13 and whether that is still possible. I can tell you that in general, your right to this distribution was in place when you filed your case. Your right to this would have been scheduled and exempted if you had exemptions available. This means it is part of the bankruptcy estate even before you earned it. In most situations, very little exemption is available to cover this kind of thing and the proceeds would need to be paid to the Trustee. My gut feeling is that your attorney is correct.... Read More

A Chapter 7 bankruptcy can be filed (and Bankruptcy Discharge would be available within that Chapter 7 case) six (6) years AFTER the Chapter 13 case was filed.  This assumes you completed the Chapter 13 Plan.  However, a Chapter 7 can be filed prior to six (6) years if the previous Chapter 13 case was either: (1) a 100% plan where all allowed unsecured claims were paid or (2) 70% of the allowed unsecured claims were paid and the Plan was proposed in good faith, and reflected the Debtor's best effort. (See 11 U.S.C. Section 727(a)(9))   If your Chapter 13 was dismissed, you can look to file Chapter 7 without waiting.... Read More

  In a divorce proceeding in California, all parties must disclose their income and debts--a California requirement. Spousal support will be calculated based on both parties' income.  In addition, she appears to have an interest in the house even though you are keeping it.  Therefore, you may have to pay an equalizing payment.  ... Read More

4 times within how many months?  When you file bankruptcy, there is a stay put in place.  It is called and automatic stay when it happens without the debtor requesting it.  Upon the 3rd filing whithin a 12 month period, there is no AUTOMATIC stay, the debtor has to request it and provide reasons for the judge to put a stay in place.  ... Read More

First, you are required to notify the bankruptcy court of the inheritance. You can do so by advising your attorney. Next, yes, you could pay-off your chapter 13, but remember, you will be paying it off at 100%. You should consult with your attorney about this. If you do not have an attorney, hire one. I hope this helps. Good luck!... Read More

Typically this objection by the Trustee is because the proposed Plan payments are not enough to pay all priority debt and administrative expenses in full by the end of the Plan. If you filed Chapter 13 "pro se" (without a lawyer), you need to consult a lawyer ASAP so that you can propose an amended Plan that will be confirmed. If you have a lawyer, this question is best addressed to your lawyer who will know why the objection was made - rather than asking for advice from other lawyers on a public forum who don't know the specifics of your case. ... Read More