Are you behind on your home loan and the bank is trying to foreclose ?

Posted on October 29, 2015. Filed under: Chapter 13 Bankruptcy, Consumer Alerts, Consumer Bankruptcy Attorney | Tags: , , , , , , , , |

One option to consider when you are behind on your home and the bank is trying to foreclose is Chapter 13 Bankruptcy.

In Chapter 13 Bankruptcy, you can put in a plan, to pay back over time, what you are behind.

After filing Chapter 13 Bankruptcy, you then begin again making your regular monthly payment.

Chapter 13 Bankruptcy is a very powerful tool to enable homeowners to save their home.

It is very important, though, that you discuss your options with an attorney who is experience in Chapter 13 Bankruptcy.  Many attorneys file a few bankruptcy cases a year, but do not file very many Chapter 13 Bankruptcies.

When you call a bankruptcy attorney to discuss your options, ask the staff or attorney how many current Chapter 13 Bankruptcy cases they are handling.

Many bankruptcy lawyers will meet with you for free on the first meeting to discuss your options, so don’t be afraid to make the call to see if they can help you.

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Who is the Chapter 13 Bankruptcy Trustee and What Does He Do ?

Posted on September 17, 2013. Filed under: Chapter 13 Bankruptcy, Consumer Bankruptcy Attorney | Tags: , |

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All Chapter 13 cases have a Trustee. He is responsible for the overall administration of your case. In all cases in the Western District of Kentucky, the Trustee is William W. Lawrence. He has many active files in addition to yours.

The Trustee’s duties are found in the Bankruptcy Code. They include at a minimum, reviewing the bankruptcy petitions to ensure that they are complete and accurate; determining the ability of debtor(s) to make payments and whether all Chapter 13 plans will be successful as proposed; conducting the first meeting of creditors and appearing at other hearings in your case; monitoring the progress of your case; collecting your payments and paying creditors
according to the plan; recovering improper payments made before your filing; providing information about your case to those who are authorized and have a need to know; and most importantly, assisting you in the performance of your plan.

Remember: the Trustee cannot give you any legal advice. If you need legal advice you need to contact your attorney.

photo credit: fanz via photopin cc

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Who is the Chapter 13 Bankruptcy Trustee for the Western District of Kentucky and what does he do ?

Posted on August 8, 2013. Filed under: Chapter 13 Bankruptcy | Tags: , , |

All Chapter 13 cases have a Trustee. They are responsible for the overall administration of a Chapter 13 Bankruptcy case. In all cases in the Western District of Kentucky, the Trustee is William W. Lawrence. He and his staff have many active case files.

The Trustee’s duties are found in the Bankruptcy Code. They include at a minimum, reviewing the bankruptcy petitions to ensure that they are complete and accurate; determining the ability of the debtor to make payments and whether all Chapter 13 plans will be successful as proposed; conducting the first meeting of creditors and appearing at other hearings in cases; monitoring the progress of the cases; collecting the payments and paying creditors
according to the plan; recovering improper payments made before the filing; providing information about the case to those who are authorized and have a need to know; and most importantly, assisting in the performance of the debtor’s plan.

The Trustee cannot give legal advice to the debtor. If the debtor needs legal advice they need to contact their attorney.

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Falling Behind in Your Chapter 13 Trustee Payments

Posted on September 25, 2012. Filed under: Chapter 13 Bankruptcy | Tags: , , , , , |

If you are in a Chapter 13 bankruptcy, and find that you are having trouble making the payments, there is a way to save your case and stay in bankruptcy.

Most courts will allow you to file a motion to suspend payments for a period of time. Some courts will allow a suspension of up to 3 months.

Often times, folks fall behind in their payments due to temporary job loss, unexpected bills, or illness. These are situations where filing a motion to suspend payments can help.

There are a couple of different options for catching up the payments that get suspended and not paid.  You can propose in the motion that the amount be paid back over the life of the plan, by increasing the play payment upon resumption of payments, or increase the plan payments for a greater amount for only a 3 to 6 month period after payments resume.  Which type you do depends on how far into the plan you are and whether you can afford the increased payments.  Your attorney can discuss the be option for you.

If you find yourself falling behind in payments to your Chapter 13 trustee, don’t give up.  Be sure and let your attorney know about the situation and they will schedule an appointment for you to review your options.

John Rogers, Kentucky Bankruptcy Attorney

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