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How is a HELOC Treated in Bankruptcy?

A Home Equity Line of Credit (HELOC) is treated like a second class citizen in bankruptcy.  In a Chapter 13, a HELOC may be stripped of its lien ...

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Typical Chapter 13 341 Hearing in San Francisco

At a Chapter 13 341 hearing in San Francisco, the trustee asks questions about a person’s petition to make sure everything is accurate and nothi...

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Questions and Answers about Chapter 13 Bankruptcy

Chapter 13 is a form of personal bankruptcy that allows people to obtain protection from creditors while undergoing a financial reorganization super...

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Chapter 13 Calculation to Estimate Payment Plans

Filing for chapter 13 bankruptcy may be a good option for you if you can show regular, reliable income and you would like to keep your assets. ...

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When is Chapter 13 Bankruptcy a Good Option?

Chapter 13 is a good option for debtors who own a home and are behind on mortgage and tax payments. The Chapter 13 plan allows debtors to catch up on...

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How to Avoid 2nd Mortgage Debt in Chapter 13 Bankruptcy

2nd mortgages and HELOCS (Home Equity Lines of Credit) can be stripped and avoided in Chapter 13 cases to the extent that the value of the mortgaged p...

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Chapter 13 and the Means Test

The means test is used for more than determining Chapter 7 eligibility; it is also used in Chapter 13 bankruptcy cases. Most debtors prefer to file ...

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Filing Chapter 13 Bankruptcy: Payment Plan

Filing Chapter 13 bankruptcy allows a debtor to restructure his debts and pay them over a three to five year period.  Every Chapter 13 debtor m...

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How Will My Investment Property be Treated in Bankruptcy?

Chapter 13 bankruptcies are typically filed by individuals with household income above their state median as well as those who have assets they wish...

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Filing Chapter 13: Things You Should Know

Filing bankruptcy under Chapter 13 is usually done by individuals with a household income greater than the median income for their state of residenc...

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Proving that Failure to Complete Payments Is “Out of Your Control”

Failure to complete payments in a Chapter 13 bankruptcy may result in discharge. In a Chapter 13 bankruptcy, individuals work through a process whic...

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When You Should File a Hardship Discharge in a Chapter 13 Bankruptcy

The term "hardship discharge" is somewhat misleading--it implies that financial hardship is enough. However, it takes more than that; after all, you w...

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How to File a Motion in Chapter 13 Bankruptcy

After filing for Chapter 13 bankruptcy, it may be necessary to file a motion with the court. A motion is a request for the court to rule on a specifi...

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Requirements to Qualify for Chapter 13 Bankruptcy

A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of th...

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Inheritance in a Chapter 13 Bankruptcy

Bankruptcy is a process for giving debtors a fresh start while paying their creditors as much as reasonably possible. In a Chapter 13 bankruptcy, a ...

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Benefits of Chapter 13 Over Chapter 7

The main difference between the two is the requirement under Chapter 13 that you use your income to pay down your debt over time, while under Chapter ...

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How to Keep Rental Property when Filing Bankruptcy

If you have become unable to pay down debt, and have fallen behind with payments, you may be considering filing for bankruptcy protection. One of th...

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Chapter 13 Timeline

Once you’ve decided that chapter 13 is the solution for your financial situation, you’ll want to know what you’re in for.

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File Chapter 13 When Chapter 7 is Unavailable

A debtor who is ineligible to file a Chapter 7 bankruptcy may file a Chapter 13.  Chapter 13 bankruptcy is a debt reorganization plan which allows ...

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Chapter 13 and Your Car

Is your monthly car payment too high? Are you struggling to pay your monthly bills, and are in danger of falling behind or have already fallen behind...

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Chapter 13 Eligibility

Chapter 13 bankruptcy is not an option for businesses and is purely for individuals.

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Chapter Thirteen

One of the most common email requests we receive is from consumers wanting to know the difference between Chapter 7, Chapter 11 and Chapter 13 bankrup...

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What is a Trustee?

Filing for bankruptcy is a life-altering decision that requires careful consideration and weighing of options. Gone is the stigma of filing for bank...

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Chapter 13 Bankruptcy Eligibility

If you are deemed ineligible to file Chapter 7 bankruptcy, another filing option that allows individuals to reorganize their debt and retain many of...

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This article is provided for informational purposes only. If you need legal advice or representation,
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