Tag Archives: Bankruptcy Court

Losing your Bankruptcy Due to Not Following the Rules

In order to file for bankruptcy, you need to follow all of the federal bankruptcy rules and regulations.  Failure to follow the rules can land you in hot water.  One couple lost their ability to erase their debts because they … Continue reading

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Property the Bankrupt Court Cannot Take

State law dictates that certain property, protected by state law, cannot be touched by the federal bankruptcy court in Missouri or Kansas.  This stays true, even when protected property is converted into property that the bankruptcy could have otherwise taken.  … Continue reading

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Misapplication of Mortgage Payments in a Chapter 13 is a Discharge Violation Injunction

In a Chapter 13 bankruptcy, the bankrupt debtor makes monthly payments to the Chapter 13 Trustee in order to, usually, save their home from foreclosure.  If the mortgage company does not apply the monthly payments correctly, the mortgage company has … Continue reading

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Bankruptcy by the Numbers

Comparing last year to this year, the ABA reports that the number of people who have filed for bankruptcy has fallen eight percent (8%).  Approximately 523,000 Chapter 7 bankruptcies were filed, 302,000 Chapter 13 bankruptcies were filed, and 7,000 Chapter … Continue reading

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Denial of a Chapter 13 Plan is Not Appealable

Missouri has stated that a denied Chapter 13 bankruptcy plan cannot be appealed.  A Chapter 13 bankruptcy plan is the repayment plan that a debtor proposes to the court in a Chapter 13 bankruptcy.  A bankruptcy debtor must have a … Continue reading

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Bankruptcy Court… You Can’t Touch This

A person who has filed for bankruptcy is entitled to the Earned Income Tax Credit. A bankruptcy court has recently ruled that the Earned Income Tax Credit is a type of public assistance for low-income families and is therefore exempt … Continue reading

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