In the Northern District of Georgia, every Chapter 13 case must be filed as a "payroll deduction order" case. In other words, you must fund your Chapter 13 with a payroll deduction. In my experience the trustees will allow direct payment of Chapter 13 plan payments only when a debtor is self employed or if the debtor can convince the trustee that the debtor's job would be in jeopardy if the employer received a payroll deduction order.
Filed under Chapter 13 issues, Trustee motion to dismiss by 
As a bankruptcy lawyer, I have to deal with the consequence of what I call "real world" activities. In the non-bankruptcy world people make decisions that will save money and make life easier. For example, blog reader Lou writes me with a question about car titles:
Earlier this month, I wrote a post on this blog setting out the question of whether Congress should enact legislation empowering bankruptcy judges to modify the terms of mortgages within a Chapter 13 bankruptcy.
More on Are Mortgage Modifications in Bankruptcy a Good Idea – Part Two
Filed under Chapter 13 issues, Cram downs, Mortgage modifications by
I have probably written about this subject before, but I am going to raise it again because it creates so many unnecessary problems and it arises month after month and year after year.
More on You are Responsible for Your Chapter 13 Trustee Payments
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There has been a lot of chatter on bankruptcy blogs and bankruptcy lawyer forums about the possibility that Congress will amend the bankruptcy laws to give judges the power to modify mortgages. To offer some perspective, bankruptcy judges have long had the power to modify vehicle loan contracts and other secured debt claims but never mortgage debt.
More on Are Mortgage Modifications in Bankruptcy a Good Idea – Part One
Filed under Chapter 13 issues, Cram downs, Mortgage modifications by
Whenever I file a Chapter 13 on behalf of a client, I remind my client that five years is a long time, and that a lot can happen during the term of a Chapter 13. Marriage counselors reguarly opine that financial stress often leads to marital discord, so it should come as no surprise that the stresses inherent in a Chapter 13 will result in marital problems.
Filed under Chapter 13 issues, Divorce and bankruptcy issues by
To my knowledge there has never been a television drama about bankruptcy lawyers (although there would certainly be a lot of possible story lines!). So, as a rule, most people do not know what bankruptcy lawyers do all day long.
Filed under Chapter 13 issues, Chapter 7 issues, General consumer bankruptcy info by
A visitor to one of my web sites wrote me to ask about refiling his Chapter 13. After being in a Chapter 13 for almost 2 years, this gentlemen lost his job and fell behind with his Chapter 13 payments. His mortgage company filed a Motion for Relief because he had falled behind on his mortgage payments (this motion was granted) and the trustee filed a motion to dismiss based on the delinquency in trustee payments. This motion to dismiss was also granted and the case was dismissed.
More on My Chapter 13 Was Dismissed Two Weeks Ago – Can I Refile a Chapter 13?
Filed under Automatic stay issues, Chapter 13 issues, Extending the Automatic Stay by
Recently I received an email from a prospective client who works for a banking institution. His income is partially commissioned based and with the downturn in the real estate market, he has seen a significant decrease in take home pay. With the pay reduction he is not able to pay his bills and wants to file a bankruptcy.
More on Can I Lose My Job if I File For Bankruptcy and My Boss Finds Out?
Filed under Chapter 13 issues, Chapter 7 issues, Consumer protection by
I received an order saying my chapter 13 Bankruptcy case was being dismissed because it has been over 5 years plus no payments have been made in 6 mos. I lost my job of 7 years around may, 2007. About 1 year prior I had surgery on my knees and couldnt work for about 5 weeks per knee surgery. I did get behind in my payments during this period, but i did not realize that they would dismiss my case because it was over 5 years.
Filed under Chapter 13 issues by
Jonathan Ginsberg
