Tag Archives: Chapter 13 Bankruptcy

Chapter 13 Bankruptcy Trustee Cannot Compel Turnover of Funds Garnished Pre-Petition

Posted on September 13, 2021 by Camron Hoorfar

Unlike chapter 7, a chapter 13 trustee does not have the power to control debtor’s assets until plan is confirmed. Then, the trustee is still only able to do so as provided in the terms of the confirmed plan. Until … Continue reading →

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Losing your Bankruptcy Due to Not Following the Rules

Posted on November 7, 2017 by Camron Hoorfar

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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Owner of Macaroni Grill Files for Bankruptcy

Posted on October 26, 2017 by Camron Hoorfar

The owner of the Italian restaurant Macaroni Grill has filed for bankruptcy with a plan to erase debt and reorganize around its top restaurants. If you have a failing business that is thinking of filing for bankruptcy, contact our law … Continue reading →

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Bankruptcies More Successful with Counsel

Posted on September 21, 2017 by Camron Hoorfar

According to the American Bankruptcy Institute, a Chapter 13 bankruptcy that was filed with an attorney has an approximate 51% chance of being completed successfully.  However, a Chapter 13 bankruptcy that was filed without an attorney has an approximate 2% … Continue reading →

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

Posted on September 9, 2016 by Camron Hoorfar

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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Undistributed Money Switching from a Chapter 13 Bankruptcy to a Chapter 7 Bankruptcy

Posted on May 6, 2016 by Camron Hoorfar

While this scenario does not involve many people, when it does apply to you, it is a very important rule.  In a Chapter 13 bankruptcy, a person makes monthly payments to the bankruptcy court in order to pay for the … Continue reading →

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Removing Second Mortgages in Bankruptcy

Posted on April 6, 2016 by Camron Hoorfar

Chapter 13 bankruptcy allows a debtor to remove a secondary or junior lien when the lien is completely underwater.  A lien is completely underwater when the value of the property is eaten up by a superior lien.  However, secondary or … Continue reading →

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