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Category Archives: Chapter 13 Bankruptcy



From my friend and colleague Robin Miller, publisher of BAPCPA Abstracts, comes this thoughtful and well-researched guide concerning the calculation of a Chapter 13 debtor’s projected disposable income under Code § 1325(b). Most consumer bankruptcy lawyers realize that courts disagree as to both how income and expenses are to be calculated (Form 22C, Schedules […]



Credit reporting agencies typically report bankruptcy information for a period of ten (10) years. This, however, does not mean that your credit rating will remain low for that entire time. Credit scoring takes into account the age of derogatory information, and discounts the value of that information the older it is. Therefore, […]



The recent case of In re McLain, 2007 WL 3124688 (Bkrtcy.N.D.N.Y.,2007) confronted the question of whether a debtor’s Chapter 13 Plan payments must increase as secured debts were paid off.
The Debtors filed a Chapter 13 case noting that they had three vehicle loans, all of which would mature during the course of their plan. […]



In the recent case of In re Boyd, 2007 WL 4248590 (Bankr.M.D.Pa. 2007) the court was confronted with the issue of whether a debtors’ $2400 per year contribution to their adult child attending college was necessary expense for the purposes of alculating disposable income in a Chapter 13 case. For this over-median debtor, the […]



The recent case of In re Mu’Min, 2007 WL 2791364 (Bkrtcy.E.D.Pa. 2007) the court held that the refusal of University of Pennsylvania to provide a transcript to a debtor, due to the existence of an unpaid, student loan debt that is nondischargeable under 11 U.S.C. § 523(a)(8), violates the automatic stay provision of the Bankruptcy […]