Chapter 13

News & Analysis as of

Eleventh Circuit Holds Replacement Value - Applies to Surrender of Collateral in Chapter 13 Plan

On March 27, 2014, the Eleventh Circuit (the “Court”) issued a ruling, which will have a major impact on how Chapter 7 and 13 debtors are able to treat claims of secured creditors. The issue in In re Brown, 13-13013, 2014 WL...more

Can I File for Chapter 13 Bankruptcy Even if I Qualify for Chapter 7?

Some individuals pass the means test for Chapter 7 bankruptcy. Yet they also have income that might allow them to repay their creditors under more favorable terms. This option might be preferable to individuals who wish to...more

Why Would an Individual or Business File for Chapter 11 Bankruptcy Instead of Chapter 13?

Both businesses and individuals who own a business can use Chapter 11 or Chapter 13 bankruptcy to obtain debt relief through new loan repayment terms. Still, even though the two chapters seem similar at a glance, there are...more

Should you avoid bankruptcy?

For many people, bankruptcy is something to be avoided at (almost) all costs. Is that a good policy for you to follow? Let's take a look....more

Paying Attorney’s Fees Not Reason to File Chapter 13

Of the three most common chapters of the Bankruptcy Code, Chapter 7 offers an insolvent individual the freshest of starts; yet it is not without its pitfalls. Under Chapter 7 a debtor is not permitted to pay his attorney in...more

Can I Pay Off My Chapter 13 Bankruptcy Case Early?

Chapter 13 bankruptcy requires that you make a monthly payment to your creditors over a three to five year period. Before we even file your chapter 13 bankruptcy case with the court I will work with you to put together your...more

Caveat Debtor: Disgorging Inheritance in Chapter 13 Cases

A recent case out of the 9th Circuit, In re Dale, revives a controversial subject for Chapter 13 debtors: whether an inheritance received more than 180 days after commencement of the case is part of the bankruptcy estate. ...more

ERISA: 6th Circuit — Failing to Disclose Disability Claim in Bankruptcy NOT Fatal to Disability Lawsuit

What happens when a long term disability claimant declares bankruptcy, and fails to list the long term disability claim in the bankruptcy estate? Is he judicially estopped from bringing the lawsuit alleging wrongful...more

Common Causes of Bankruptcy

Personal bankruptcy can become necessary for a variety of reasons. People who have not gone through it often wrongfully assume that bankruptcy is always the result of overspending and financial mismanagement. However, the...more

The Big “B” – Bankruptcy on the Construction Project

It’s not often that I find myself in bankruptcy court, but there I was. A lone construction attorney surrounded by bankruptcy lawyers speaking in a foreign tongue – “cram down!,” “cash collateral!,” “executory...more

Specialized Forms of Bankruptcy in Georgia

The three most common types of bankruptcy — Chapter 7, Chapter 13 and Chapter 11 — account for nearly all business and personal bankruptcy filings in Georgia and the rest of the United States. There are also several other...more

Right Or Wrong, Dewsnup Is Law

A Chapter 13 debtor sought to void a federal tax lien under Section 506(d) of the Bankruptcy Code to the extent that it exceeded the value of his assets. The Seventh Circuit joined the Tenth Circuit in holding that the U.S....more

What if Your Income Is Too High for Chapter 7 but Your Debt Is Too High for Chapter 13?

For individual debtors, Chapter 7 and Chapter 13 are the most common personal bankruptcy filings in Georgia and likely in every other state as well. Both types have certain eligibility requirements, and in some cases, people...more

Wait until you're sued to file bankruptcy, or file earlier?

Many people wait until they're sued by a creditor to file bankruptcy. After all, filing bankruptcy stops all creditor actions against you, including lawsuits. But if your financial life is "going South", should you wait that...more

How Does Bankruptcy Affect Your Business?

Jeff Field & Associates focuses primarily on personal bankruptcy, but there can be some overlap between personal and business bankruptcy. If your business is established as a limited liability company under Georgia...more

Qualifying for Chapter 13 Bankruptcy

Chapter 13 is a highly useful personal bankruptcy option that is often overlooked in favor of its much more common counterpart, Chapter 7. However, Chapter 13 is not for everyone. Debtors interested in Chapter 13 must meet...more

What Role Do Creditors Play?

There are a lot of things you and your bankruptcy attorney can do to help the process move as smoothly as possible. Unfortunately, however, not everything is within your control. Depending on the type of bankruptcy relief you...more

Tax refunds and bankruptcy. Do they go together?

Now that it's the year 2014, are you expecting a refund on your taxes for 2013? If so, are you also thinking about filing bankruptcy? Let's see how that might work....more

The Interplay Between Personal and Business Bankruptcy

There is usually a sharp distinction between personal bankruptcy and business bankruptcy. Certain types of bankruptcy are only available to individuals, and individual debtors filing for bankruptcy may face stricter...more

Are School Tuition Payments Fair Game For Bankruptcy Trustees in Parents' Personal Bankruptcy?

Parents who are forced to file for personal bankruptcy may be surprised to find that school tuition payments they made for their children years earlier could become the target of recovery by an aggressive bankruptcy trustee. ...more

Protect your credit score or get out of debt through bankruptcy?

You've probably seen ads on TV boasting that your FICO credit score is included in that company's credit card statements. Is that important? Probably only to the credit card companies. Let's see why....more

How Long Does Bankruptcy Take?

One of the first things people often ask is how long the bankruptcy process takes. This is a major concern. Many people have the impression that it is a very lengthy process based on the character of the legal system in...more

I filed bankruptcy before and now I need to file again!

I filed bankruptcy before and now I need to file again. Is there a problem with that? As with many questions, the short answer to that is "it depends". The following are the two issues to consider....more

When Bankruptcy Might Not Be the Best Option

Bankruptcy is not appropriate for every financial situation. Moreover, not every type of bankruptcy works for every type of debt. ...more

Bankruptcy Alternatives

For a large number of people, bankruptcy is the best and only alternative for getting out of debt once their financial situations have passed the point of no return. However, for many in Georgia, their financial conditions...more

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