Tag: chapter 13

Chapter 13 is a chapter or type of bankruptcy that lets someone with cash flow repay some or all of their debt in one monthly payment, freezing interest, and being protected from law suits and collections.

 

 

Bankruptcy can toll or extend the statute of limitations using Section 108(c)

Does Bankruptcy Toll the Statute of Limitations? 108c Top Points

Posted by Hale Andrew Antico on

Does Bankruptcy Toll the Statute of Limitations? 108c Top Points

Does bankruptcy’s automatic stay toll a statute of limitations for a creditor’s claim or judgment, or extend it in Calif and beyond. What to know.

When a bankruptcy is dismissed or discharged, is the statute of limitations tolled on an earlier claim by the automatic stay, and suspended? Or is the statute of limitations extended by a few weeks with just a little bit of time tacked on? The answer could make a big difference on how much time the creditor has the act on their claim, lawsuit, lien, or other collection actions.

Continue reading “Does Bankruptcy Toll the Statute of Limitations? 108c Top Points” →

It's possible to change a Chapter 13 plan payment

Changing the Plan Payment in Chapter 13 Bankruptcy: What to Know

Posted by Hale Andrew Antico on

Changing the Plan Payment in Chapter 13 Bankruptcy by Motion to Modify: What to Know

A Motion to Modify can drop the Chapter 13 plan payment

You can change your payment amount in Chapter 13 bankruptcy, and this is done by a Motion to Modify. It can lower your payment. But beware, someone can also raise it. Here is everything you need to know.

So I can change my monthly payment for a Chapter 13?

Yes. Of course, there has to be a reason (and I want more money for movies and travel isn’t good enough). Let’s look and see what the law says.

Continue reading “Changing the Plan Payment in Chapter 13 Bankruptcy: What to Know” →

lien in bankruptcy cars

Liens in Bankruptcy: The Ultimate Guide, Explained

Posted by Hale Andrew Antico on

Liens in Bankruptcy: The Ultimate Guide, Explained

Liens in bankruptcy typically survive and don’t get affected by the discharge. However, there are exceptions where the lien can be reduced or even eliminated. I try to break these down in simple terms that are easy to grasp. But don’t be fooled: bankruptcy is more complicated than you think. Get a consultation with an attorney, and make sure you check out my list of 12 crucial tips to do or avoid before filing bankruptcy.

What is a Lien in Bankruptcy?

A lien is a security interest of a debt that encumbers a thing owned by the borrower until the debt is paid. One common example is a car and the car loan. The borrower who “owns” a car can’t just sell the car outright. He has to pay the debt secured by the lien against the car first. Then, once the debt is paid, the lien is satisfied and removed.

Section 101(37) of the Bankruptcy Code defines “lien” as:

charge against or interest in property to secure payment of a debt or performance of an obligation.

How does bankruptcy affect a lien? The General Rule

The general rule for liens in bankruptcy (and there are exceptions) is that bankruptcy doesn’t affect a lien at all. If a debt is secured by a lien and collateral, if you wish to keep the asset, then that debt will survive the bankruptcy. You don’t get a free house or car in bankruptcy. Here, let me put that in a fancy quote because it is so important:

You don’t get a free house or car in bankruptcy.

– Attorney Hale Andrew Antico

Continue reading “Liens in Bankruptcy: The Ultimate Guide, Explained” →

sell home chapter 13

Sell a Home in Chapter 13 Bankruptcy: Motion to Sell or Refi

Posted by Hale Andrew Antico on

Sell a Home in Chapter 13 Bankruptcy: Motion to Sell or Refi

My clients ask me, “can I sell a home in a Chapter 13 bankruptcy?”  As a bankruptcy attorney experienced in Chapter 13, selling a house is an issue that comes up often, particularly in a robust housing market. This is written without giving advice to the specifics of your case, but merely addressing whether it’s possible to sell or refinance a house during Chapter 13.

Continue reading “Sell a Home in Chapter 13 Bankruptcy: Motion to Sell or Refi” →

Automatic stay and bankruptcy protection

All About the Automatic Stay, the Ultimate Bankruptcy Protection

Posted by Hale Andrew Antico on

All About the Automatic Stay, the Ultimate Bankruptcy Protection

What is the Automatic Stay definition or meaning?

Automatic stay is the bankruptcy protection when a new petition is filed with the court. It protects against starting or continuing any debt collection. It’s a powerful provision, and stops all collection activity, maintaining the status quo on the day the bankruptcy papers are filed. Failure to respect the bankruptcy protection can lead to sanctions against the collecting creditor.

Continue reading “All About the Automatic Stay, the Ultimate Bankruptcy Protection” →

Remote 341(a) meeting of creditors

Remote 341(a) Meeting & Zoom: What to Expect and How to Prepare

Posted by Hale Andrew Antico on

Remote 341(a) Meeting of Creditors by Zoom: What to Expect in 2023

Zoom 341a Meetings, explained by Los Angeles Bankruptcy lawyer

Remote 341(a) Meetings of Creditors by Zoom in bankruptcy are becoming the standard, instead of in-person. Here’s what to expect. They can be terrifying, nerve-wracking, and unpredictable. But there are ways you can prepare for a Zoom 341a Meeting to help it go more smoothly.

As someone who has attended thousands of 341s in person (after coaching my clients with my list of 12 prefiling do’s and don’ts), I answer your 341(a) questions and share with you what to expect at your 341(a) meeting in a post-pandemic world where Zoom 341(a) meetings are more common, and soon becoming the standard.

Continue reading “Remote 341(a) Meeting & Zoom: What to Expect and How to Prepare” →

tax refund check in hand - chapter 13

Tax Refunds & Returns in Chapter 13

Posted by Hale Andrew Antico on

Tax Refunds & Returns in Chapter 13

Can I keep my tax refund in Chapter 13? It depends.

You ask, “can I keep my tax refund in Chapter 13?” Maybe. Chapter 13 tax refunds can be the one thing that sinks a successful bankruptcy case if you keep them. Things are sailing along, and suddenly, things go sideways. Fortunately, there are solutions and ways to fix it and save your case, and ultimately, the discharge you’re working towards.

Continue reading “Tax Refunds & Returns in Chapter 13” →

chapter 13 bankruptcy in los angeles

Chapter 13 Bankruptcy Ultimate Guide

Posted by Hale Andrew Antico on

Chapter 13 Bankruptcy – the Ultimate Guide

What is Chapter 13 bankruptcy? Chapter 13 bankruptcy is like debt consolidation, but better. It’s a solution for people who have some money to pay some of their debts back. In five years from now, paying minimums on all your debt, you’d still owe much of your debt. It’s because of that darned interest, and you’re barely paying principle. Chapter 13 bankruptcy fixes the interest problem.

Continue reading “Chapter 13 Bankruptcy Ultimate Guide” →

cdcbaa logo

cdcbaa Moderator Hale Antico Hosts Chapter 13 Trustee Panel

Posted by Hale Andrew Antico on

cdcbaa Moderator Hale Antico Hosts Panel for Chapter 13 Trustees

Program focuses on Variances, Particularly in the Age of Covid

Post-Seminar Update: It was a fun, two-hour cdcbaa program, and the Chapter 13 trustees’ attorneys were very open with their policies. For instance, the panel shared a lot of information in an engaging format. Also, one of the trustee lawyers said it helped to have them share information; they learned a more efficient way to do things. Finally, the bankruptcy lawyer attendees were very involved, asking questions and even bantering with the Chapter 13 trustees’ lawyers.

Continue reading “cdcbaa Moderator Hale Antico Hosts Chapter 13 Trustee Panel” →

save home

Chapter 13 can Stop House Foreclosure

Posted by Hale Andrew Antico on

Chapter 13 bankruptcy can Stop House Foreclosure

Chapter 13 is a way to stop foreclosure, save your Home and catch up on the mortgage

Life happens. There’s a medical emergency, job loss, or some other unexpected situation and next thing you know, you can’t afford your mortgage payments. The mortgage company gives a Notice of Default, and then a Notice of Sale, and your home is in foreclosure. There’s a way to stop it and save the house.

Continue reading “Chapter 13 can Stop House Foreclosure” →