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3 Steps for Las Vegas Residents to Take If a Relative Dies while in Bankruptcy

Monday, May 7th, 2012

Many older Americans are burdened with high debt loads. In many situations they will leave little to their descendents, and if they’re underwater, the problem becomes more complicated. Plus, there are some situations where debtors know that they’re likely to pass away soon and would like to handle their debt problems before they die. These are tough circumstances, but if you believe you might not see the end of your bankruptcy, or if you’re filing jointly with a spouse in such a situation, or if you are a relative who may inherit the post-bankruptcy estate, there are some steps you can take to prepare yourself given the circumstances.

·       For those filing in Chapter 7, the case continues all the way through discharge as though the debtor did not die. This makes sense since Chapter 7 is the straight liquidation chapter, meaning it discharges debts rather than pays them down out of the petitioner’s subsequent earnings. Instead, the petitioner’s non-exempt assets will be sold to the creditors, which aren’t affected by the petitioner’s death. The only thing to note here is that the Chapter 7 bankruptcy process concludes before any estate proceeding can distribute the remaining assets to the petitioner’s beneficiaries.

·       In Chapter 13 cases, because the petitioner has died, the attorney usually voluntarily dismisses the case. Chapter 13 cases reorganize the petitioner’s debts and require him or her to make payments on them according to a repayment plan. Without the petitioner’s future income, there can be no repayment plan.

For relatives, the situation depends on their relationship to the petitioner. When the petitioner files in Chapter 7, they merely wait until the discharge occurs. In Chapter 13, though, if the relative is filing jointly with the petitioner (usually a spouse), then the steps to take are different. The joint filer can:

(1)  Seek a hardship discharge if he or she does not work,

(2)  Modify the repayment plan to reduce the monthly payments,

(3)  Separate the cases and either dismissing the deceased petitioner’s case or discharging his or her debts via a hardship discharge. Then the surviving petitioner continues in either Chapter 13 or Chapter 7.

Death during bankruptcy is unusual, but the law deals with it adequately. It’s a situation people might encounter the longer they have underwater houses, so if you think you or your spouse will not see the end of your bankruptcy, then it’s especially important to hire an experienced Las Vegas bankruptcy attorney to help plan your case, or even to be flexible when unexpected tragedies occur.

For more questions about bankruptcy in Las Vegas, please feel free to contact an experienced Haines & Krieger Las Vegas bankruptcy attorney for a free initial consultation. Call us at 1-702-880-5554 to set up your free consultation.

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Top 5 Questions About Chapter 13 Bankruptcy

Wednesday, March 14th, 2012

The chief distinguishing characteristic of a Chapter 13 bankruptcy is its repayment plan. Unlike a Chapter 7 bankruptcy case, the Chapter 13 debtor submits a proposal to the court to repay creditors over three to five years. There is no repayment plan in a Chapter 7 bankruptcy case. Because of the repayment plan, Chapter 13 cases are generally more complicated than Chapter 7 bankruptcies, but the debtor’s relief can be more powerful. With this in mind, here are the top five questions clients ask when considering Chapter 13 bankruptcy:

Will I lose any property?

No. The Chapter 13 trustee will not take property from you. The law allows you to keep and “exempt” a certain amount of property during your bankruptcy case. If you have property in excess of the legal exemption amounts, you are required to pay unsecured creditors an amount equal to the non-exempt equity during your repayment period.

How can I keep my car if I owe more than its worth?

If your vehicle loan was made more than 2-1/2 years before your bankruptcy is filed, you can “cram down” your loan to the fair market value of the vehicle. For instance, if you owe $15,000, but your car is only worth $9,000, the bankruptcy court will separate the debt into a secured amount of $9,000, and an unsecured debt in the amount of $6,000. You must pay the secured debt in order to keep your vehicle, but the remaining unsecured debt will be paid at the same rate as other unsecured creditors (like credit cards and medical bills). Usually this payment is nothing or a few cents on the dollar. At the end of the case most unsecured debts are discharged.

My house is in foreclosure. Can I keep it?

If you are behind on mortgage payments, a Chapter 13 bankruptcy will allow you to “catch up” the arrears over three to five years. Additionally, while you are not able to “cram down” a mortgage on your home, if you have a junior (second or third mortgage, or tax or judgment lien) that is entirely unsecured, Chapter 13 may afford a significant benefit. The bankruptcy judge can strip off the lien and the junior debt becomes an unsecured debt, payable at the same rate as other unsecured creditors.

How much is my monthly payment?

Your monthly payment will largely depend on your ability to pay your creditors. The bankruptcy law requires that you pay priority creditors first. Priority creditors include domestic support obligations and most taxes. Any secured property you want to keep is paid next. Finally, any “extra” income (called “disposable” income) must be paid to unsecured creditors.

What if my income changes during the repayment period?

Immediately report any changes in income to your attorney. If there is a substantial increase, your monthly payments will likely increase. Similarly, if your income is reduced, your monthly payment may decrease. If you are unable to complete your plan because of a reduction in income, you may qualify for early discharge, or your plan can be modified.

Chapter 13 is a very flexible legal tool for restructuring personal finances. Your attorney can explain how the federal bankruptcy code can provide relief from overwhelming debt and help you on your way to a bright financial future.

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Chapter 13 Wage Deduction

Wednesday, February 1st, 2012

The Chapter 13 bankruptcy trustee encourages debtors to make monthly plan payments using a wage deduction order. At the debtor’s request, the bankruptcy court will send an order to the employer to withhold money from the employee’s paycheck and send it to the trustee. Cases using wage deduction have fewer instances of default

Many debtors don’t use wage deduction because they want to avoid informing their employer about the bankruptcy case. But does this make sense?

Bad credit can get you fired. Failure to manage your personal finances could lead to your termination, especially if you work for a bank and other financial institution, a retail store, or a business where you handle cash on a routine basis. Collection calls at work can get you fired. Mistakes and time off work can get you fired.

On the other hand, the federal bankruptcy laws prohibit government and private employers from firing you on the basis of your bankruptcy filing. By informing your employer that you have filed bankruptcy, you have put the employer on notice that you are dealing with your financial problems in a responsible and legal manner. In order to terminate you during your bankruptcy case, your employer must find a reason unrelated to your bankruptcy and personal finances. Consequently, most employers do not want to risk violating the federal law.

Finally, which is worse: to inform your employer of your bankruptcy through a wage deduction order, or for your employer to discover your financial problems through some other channel? Most employers (and people) respect honestly and forthrightness. Some employers conduct periodic credit checks on their employees, so your bankruptcy will be eventually discovered. This is especially the case with government work involving national security or the Federal Deposit Insurance Corporation.

Of course, every situation is different and you should discuss your situation with an experienced bankruptcy attorney. Your attorney can help you decide if a wage deduction order is right for you

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7 Reasons to for Student Debtors to Consider Chapter 13 in Las Vegas

Thursday, January 12th, 2012

The point is repeated endlessly to those considering a Las Vegas bankruptcy: student debt is not dischargeable. It’s a real blow. People’s student debt loads can run very high, and it’s astonishing that lenders, especially including the federal government, will allow people to borrow so much money. That doesn’t mean bankruptcy will do no good for student debtors. Filing a Las Vegas bankruptcy gives people breathing room and discharges other debts like credit card debt. What many people do not realize, however, is that filing a Chapter 13 bankruptcy might do them more good.

Chapter 13 is the “reorganization” chapter, which means the petitioner makes payments to the bankruptcy Trustee over a 3-5-year period, and the Trustee then distributes the payments to the creditors according to their priority in the bankruptcy code. Secured debts and “priority” unsecured debts (missed child support payments, tax debts, and others) are paid first, and anything left over goes to unsecured creditors (e.g. credit card debt and student debt). These debts are then discharged. Student loans are not secured, not prioritized, and nondischargeable, meaning the interest on them will grow during the payment period and they’ll be intact after exiting Chapter 13. Nevertheless, there are seven reasons to consider using Chapter 13 to handle student loan debt:

  1. As with Chapter 7, the debtor still doesn’t owe anything to unsecured creditors, meaning there’s more money at the end of the month to pay the student loans.
  2. Filing Chapter 13 also benefits people because they can strip second mortgages on homes and cram down payments on car loans.
  3. If private student loan lenders refuse to cooperate with debtors, filing Chapter 13 gives them time, which can be beneficial for those who are in school and about to enter lucrative fields, those who might be able to find a new job in the future, those who might be waiting on an inheritance, and those who need time to reduce their living expenses and save up money through other means.
  4. Chapter 13 affords debtors a longer automatic stay, so those whose loans are near default or are in default will be free of the hassle from creditors.
  5. Because the payments are distributed to the unsecured creditors at the end of the repayment plan, if the other creditors receive anything, the student lenders will as well. This can offset accumulated interest and possibly dent the loan’s principal.
  6. After completing a Chapter 7 bankruptcy, people cannot file in any chapter for four years and Chapter 7 for another eight. Chapter 13 has no time bar, so debtors can remain in Chapter 13 continuously. This can allow people to make their payments based on their incomes and not on what creditors want them to pay. It’s possible to pay down the entire loan while in Chapter 13. While this will destroy debtors’ creditworthiness, it will keep the creditors from engaging in collection efforts.
  7. Sometimes creditors will not object to the dischargeability of a student loan in Chapter 13. If this is the case, they will accept their payout under the repayment plan and you might be debt free.

Student loans are a severe hardship for debtors, but consulting with a Las Vegas bankruptcy lawyer might help make a difference.

For more questions about bankruptcy in Las Vegas, please feel free to contact an experienced Haines & Krieger Las Vegas bankruptcy attorney for a free initial consultation by calling 702-880-5554.

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Lien Stripping and Cram-Down in Las Vegas Chapter 13 Bankruptcy

Friday, December 16th, 2011

When an individual chooses to file a Chapter 13 bankruptcy, debts are repaid over three to five years. The debtor pays unsecured creditors (e.g. medical bills, credit cards, etc.) whatever he or she can afford during this time, although many debtors end up paying nothing to unsecured creditors. At the end of the case, any remaining unsecured debt is discharged. The debtor can also pay secured debts through the Chapter 13 bankruptcy. Secured debts, like a home mortgage or car loan, are sometimes modified through the Chapter 13 repayment plan, either by cram-down or lien stripping. These bankruptcy tools can be very beneficial because many individuals are upside-down on secured property, meaning they owe more than the property is worth.

During a cram-down the debtor converts a portion of a debt from secured to unsecured status. The amount of the secured debt is “crammed-down” to the actual value of the property. For instance, a $15,000 car loan secured by a $10,000 car can be crammed-down to a $10,000 secured debt. Additionally, a high interest rate may be crammed-down to an interest rate approved by the bankruptcy court. This modified debt is paid over the life of the bankruptcy case. Any remaining unsecured debt receives the same payment status as other unsecured creditors. Cram-down is not allowed on a primary residence or a recent car loan (purchased within 910 days of the bankruptcy filing).

Lien stripping is the conversion of an entire debt from secured to unsecured status. When a lien on property is wholly unsecured, the lien may be stripped off and made unsecured. For instance, assume that a home has three debts: $100,000 is owed on a first mortgage, $20,000 is owed on a second mortgage and $5,000 is owed on a judgment lien for a total of $125,000. Also assume that the fair market value of the home is $99,000. The second mortgage and judgment lien are not secured by any value in the home. The bankruptcy court can convert the secured status of the second mortgage and judgment lien to unsecured status, and these stripped off debts receive the same payment treatment as other unsecured debts.

Lien stripping and cram-down are beneficial features of a Chapter 13 bankruptcy. The debtor can save thousands and keep their property. If you have upside-down loans, speak with an experienced bankruptcy attorney and discuss your options. Your attorney can use the power of the federal bankruptcy laws to improve your financial situation and put you back on the right track. For a free Las Vegas bankruptcy consultation, call the offices of Haines & Krieger at 702-880-5554.

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5 Significant Events That Happen after a Chapter 13 Plan Receives Confirmation

Tuesday, November 29th, 2011

Confirmation of a Chapter 13 bankruptcy plan is a big relief for most debtors in a Las Vegas bankruptcy. They have their Order of Confirmation, and can begin moving forward with their three- to five-year repayment plans. After that, they receive their discharges. The question though, is what happens next. There are five events.

(1)  The debtor can choose between putting together an electronic payment system or paying with certified funds.

(2)  Debtors must provide their attorneys with copies of their filed income tax returns. It’s also important to maintain some contact with attorney in case debtors’ financial circumstances change.

(3)  Debtors’ attorneys won’t be the only ones who receive copies of petitioners’ income tax returns. Bankruptcy Trustees also see them as well. They compare debtors’ incomes to what they reported in their bankruptcy schedules, and they can choose to motion the court to increase the amounts in the payment plan. Supposedly, if debtors’ disposable incomes increase by ten percent, the Trustee will make the motion. It depends on the Trustee and the jurisdiction.

(4)  Aside from that, the debtor must make the payments. Many debtors do not make it to the discharge stage of a Chapter 13 Las Vegas bankruptcy, so it’s important to very carefully manage one’s expenses. It’s especially difficult because not only do debtors pay the bankruptcy estate via the Trustee, but they must also save money for themselves in the meantime in case something goes wrong. This can mean curtailment of discretionary spending (e.g. restaurant food), foregone vacations, and even more use of public transit to save on fuel. Receiving a discharge of a subordinate mortgage on debtors’ homes can be a strong incentive to complete the repayment plan.

(5)  Debtors must complete a post-filing financial management course. Some attorneys will pay this expense, and some cost more than others.

Once these steps are concluded and the payments are made, debtors receive their discharge. It can be a hard process, but it is not impossible.

For more questions about bankruptcy in Las Vegas, please feel free to contact an experienced Haines & Krieger Las Vegas bankruptcy attorney for a free initial consultation by calling 702-880-5554.

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Can You Re-File a Las Vegas Chapter 13 Bankruptcy After Dismissal?

Friday, September 2nd, 2011

A Chapter 13 bankruptcy case will generally last three to five years. A lot can happen in that time, especially for an individual who is attempting to deal with serious financial difficulties. In some cases, a financial setback can cause a Chapter 13 debtor to be unable to pay the monthly Chapter 13 plan payments or perhaps payments to a secured creditor. Since the practical effect of the Chapter 13 plan stretches the debtor’s finances thin, a financial hiccup can be a death blow to a Chapter 13 case.

If you get behind on your plan payments, it is important to discuss your situation with your bankruptcy attorney. If you simply miss one payment to the bankruptcy trustee, you may be able to ask permission from the court to skip a plan payment. More than one missed payment will have to be paid to continue your bankruptcy. If your case is dismissed due to your inability to make your plan payments, you will generally be able to reinstate the case after paying all due plan payments, or you may choose to re-file your Chapter 13 case.

Re-filing your case can get complicated. If you get behind on post-bankruptcy payments to a secured creditor, the creditor may file a request for relief from the automatic stay. You are generally ineligible to file bankruptcy for 180 days if your case is dismissed by the court either for failure to obey a court order or via a voluntary dismissal after a motion for relief from the automatic stay has been filed.

Additionally, in 2005 Congress enacted new laws to combat “serial” filers who abuse the bankruptcy laws by filing consecutive bankruptcy cases to frustrate creditors. Essentially, if you file a bankruptcy case within one year of an earlier dismissed case, the automatic stay in the second case terminates 30 days after the filing, unless you are able to demonstrate that the second case was filed in good faith. A subsequent case filed within the same one-year period penalizes the debtor by foregoing the automatic stay entirely, until the debtor shows that this third filing was made in good faith.

If you have trouble making payments to the trustee or to a secured creditor during your Chapter 13 bankruptcy, contact your bankruptcy attorney and discuss your options. Your attorney is able to propose solutions to protect your property and help remedy your financial troubles. For a free Las Vegas bankruptcy consultation, call the office of Haines & Krieger at 702-880-5554.

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When Can I Stop Paying Credit Cards?

Friday, July 22nd, 2011

Many clients ask, “When can I stop paying on my credit cards?” The answer seems obvious: immediately. If you are filing bankruptcy and discharging your credit card debt, you are throwing money away by continuing to pay the monthly bill. Right?

But hold on! There are good reasons to consider the consequences before stopping your credit card payments.

First, when will you file your bankruptcy case? Your first step is to work with your attorney to determine the actual date you will file. When a client is filing bankruptcy within 30 days, there are very few repercussions to consider. However, not every bankruptcy client can or should file their case immediately. Some clients may need to wait in order to qualify for Chapter 7 or lower their plan payments in a Chapter 13. Other clients may need to postpone filing to eliminate a potential preference payment issue. Every case is different.

Second, once you miss a payment you can expect collection calls. The creditor may call your home, your cell phone, or even your work phone to discuss your delinquency. These calls are at best an annoyance, and often cause additional stress. Credit card bill collectors know that the more uncomfortable you are, the greater the likelihood that you will pay them. Fortunately, once your bankruptcy case is filed, the telephone calls will stop.

Third, missed credit card payments will damage your credit. While your bankruptcy case will substantially harm your credit, missed payments additionally harm your score making it more difficult to improve your credit after bankruptcy. Some bankruptcy attorneys recommend that their clients can stop credit card payments for six months or longer – until the client is facing a legal judgment. While the bankruptcy stops any lawsuit or collection action, and discharges the credit card debt, the bankruptcy will not erase the history of non-payment.

Finally, a few clients will decide to not file bankruptcy. Clients who stop making credit card payments and later change their minds about bankruptcy are left with late payments, fees, default interest rates, and collection harassment. Be sure you are filing before you stop credit card payments!

Here is the best answer to our question: consult with an experienced Haines and Krieger Las Vegas bankruptcy attorney before making the decision to stop paying your credit cards. Your attorney can review your finances and uncover any problems that may delay your bankruptcy filing. In many cases the client is able to stop paying credit cards immediately and the case is filed quickly without any negative consequences to the client. However, every case is different and your case deserves the careful attention of a qualified professional. For a free consultation, contact us at 702-880-5554 today.

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Posted in bankruptcy in las vegas, bankruptcy in nevada, las vegas bankruptcy, las vegas bankruptcy attorneys, las vegas bankruptcy information, las vegas bankruptcy lawyers, las vegas chapter 13, las vegas chapter 13 attorneys, las vegas chapter 13 bankruptcy attorneys, las vegas credit card debt | No Comments »

Bankruptcy Conversion or Dismissal During Las Vegas Chapter 13

Monday, July 4th, 2011

Much of an individual’s bankruptcy case revolves around the date the case was filed, also called the petition date. On that date the debtor submits a financial snapshot of his income, expenses, assets and debts. Many aspects of a bankruptcy case depend upon the circumstances present on the petition date.

For most bankruptcy debtors, what happens after the date of the filing does not significantly impact the bankruptcy case. However, in some cases circumstances may necessitate a change. Sometimes it doesn’t make sense to continue with the original Chapter 13 bankruptcy case, especially when the debtor is unable to meet the financial obligations ordered in the Chapter 13 repayment plan. When this happens the debtor should discuss three options with bankruptcy counsel: (1) obtaining a hardship discharge; (2) conversion to Chapter 7; and (3) dismissal of the case.

A hardship discharge discharges the debtor before completion of the plan term, and may be available when income suddenly drops and is not expected to improve in the near future. The debtor must show that the income reduction was beyond his control and that the creditors have received as much as they would have if the case had been a Chapter 7 bankruptcy.

Conversion to Chapter 7 is often contemplated when the debtor is unable to pay for a home he was trying to save in the Chapter 13 case. In order to qualify for conversion to Chapter 7 bankruptcty, the debtor cannot have received a Chapter 7 discharge within the last eight years, must meet certain income guidelines, and the conversion must be filed in good faith.  A debtor converting from Chapter 13 to Chapter 7 may include any debts that arose between the Chapter 13 filing and the Chapter 7 conversion.  Additionally, money paid to the Chapter 13 trustee, but not yet distributed to creditors, is returned to the debtor (minus the trustee’s expenses).

Finally, the debtor may consider the advantages of dismissal. Unlike a Chapter 7 case, a debtor has an absolute right to dismiss a Chapter 13 bankruptcy case. Because no discharge was entered in the case, the debtor may be eligible to re-file the case as either a Chapter 7 or Chapter, although some restrictions may apply.

If you have difficulty making your Chapter 13 payments, or find yourself with circumstances that have significantly changed, consult with your bankruptcy attorney and discuss your options. The federal Bankruptcy Code is very flexible and contains options to assist you in your path to financial recovery. Call the experienced attorneys at Haines & Krieger to set up a free Las Vegas bankruptcy consultation by calling 702-880-5554.

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Posted in bankruptcy in las vegas, bankruptcy in nevada, haines and krieger, las vegas bankruptcy, las vegas bankruptcy attorneys, las vegas bankruptcy information, las vegas bankruptcy lawyers, las vegas chapter 13, las vegas chapter 13 attorneys, las vegas chapter 13 bankruptcy attorneys | No Comments »

4 Things You Need To Know About Chapter 13 Debt Limits In Las Vegas

Thursday, June 30th, 2011
Chapter 13 of the U.S. Bankruptcy Code allows debtors to reorganize their debts under what’s sometimes called a “wage earners plan” or an “adjustment of debts.” The purpose of the chapter is to allow debtors to repay some of their debts without losing some types of property, especially houses. However, there is a debt limit that bars some people from filing a Chapter 13 bankruptcy in Las Vegas. Here are 4 things you need to know.
  1. The Chapter 13 limits are fairly high, so most people in Las Vegas will not breach the limit. They are $360,475 for unsecured debt (like credit cards) and $1,081,400 for secured debt (houses, cars, etc.).
  2. The limits increase every three years on April 1. The last one occurred in 2010, and the limits grew by roughly 7%. Before that, in 2007, the limits went from $307,675 to $336,900 for unsecured debt and $922,975 to $1,010,650. The next increase will be occur on April 1, 2013.
  3. The debt limit increases are a boon even to those who own large amounts of nondischargeable debts. For example, because higher education costs are increasing rapidly, student debt is as well. Even though debtors must prove they would suffer undue hardship if they could not discharge their debts‚ a very high burden‚ they are still counted towards meeting the Chapter 13 debt limits. By increasing the limit, those who have high student loan debt may still be able to file in Chapter 13 in Las Vegas. Fortunately, more recent student debtors may be protected by income-based repayment plans.
  4. Anyone ineligible to file for Chapter 13 due to owing more than the debt limit allows are free to file in another chapter, including Chapter 11.
Debt limits are not something anyone considering a Las Vegas bankruptcy should be too concerned about. They are very high, and few people owe this kind of money to anyone. Those who do are often business owners who would likely be able to file for Chapter 11. Consulting a Las Vegas bankruptcy lawyer will help you plan your bankruptcy properly to avoid filing in a chapter in which you are ineligible.
For more questions about bankruptcy in Las Vegas, please feel free to contact an experienced Haines & Krieger Las Vegas bankruptcy attorney for a free initial consultation by calling 702-880-5554.

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