About The Chapter 13 Hardship Discharge

A chapter 13 discharge is distinct from a chapter 7 discharge. A chapter 13 discharge releases a chapter 13 debtor from the legal obligation to repay all debts provided for by the plan or disallowed, with some exception. Some debtors may fail to complete their...

About The Chapter 13 Discharge

Bankruptcy debtors with questions related to the meaning of a discharge in a bankruptcy case should consult with experienced and knowledgeable bankruptcy counsel. A chapter 13 discharge, which is distinct from a chapter 7 discharge, releases a chapter 13 debtor from the legal obligation to...

Confirming A Chapter 13 Plan

An experienced bankruptcy attorney like Alberto Montefalcon has the expertise and experience to assist all chapter 13 debtors who must reorganize and file a chapter 13 repayment plan. Additionally, a chapter 13 plan must be able to withstand any objection by creditors and be confirmed...

What is a Chapter 13 Bankruptcy?

Federal law, specifically Title 11 of the United States Code, sets forth the statutes governing the various types of bankruptcy relief. Different chapters of Title 11, specifically chapters 7, 11, and 13, detail the most common types of bankruptcy relief. Today's blog summarizes the type...

What Income Is Included In The Means Test?

Congress, through its enactment of The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), created what is known as "The Means Test" to determine potential bankruptcy debtors' ability to repay any of their general unsecured debt. Debtors compute their income as defined by...

Amending Bankruptcy Schedules

Unfortunately, bankruptcy debtors, especially those that represent themselves, often make errors on their bankruptcy petition, schedules, or statement of financial affairs. However, while they may correct any mistakes with the necessary amendments, retaining an experienced bankruptcy attorney like Alberto Montefalcon at the very inception of...