I have a Ch 13 Bankruptcy Plan but I cannot complete the agreed upon payments what do I do?

I have a Ch 13 Bankruptcy Plan but I cannot complete the agreed upon payments what do I do?

There are some debts that according to United States law must be paid in full over the course of a Chapter 13 plan of action.  Note: there are different plans that the court will issue you based on several factors,  the time of the plan can range but is usually 3 years but can be as long as 5 years.

However there are time that a person for one reason or another is not able to complete his Ch 13 plan.  Your creditors can come after you and force you into a series of undesirable situations.  Here it is important that you recognize and have a full knowledge of your rights.  If you are under Ch 13 plan and cannot make your payments you need to be fully aware of the consequences to the decisions you make.  For a FREE CONSULTATION feel free to call Click here or Call (855) DTLALAW.

If you can’t complete your plan there are generally three options:  It is important that you contact an attorney so as to discuss the ramifications of making a decision here.  For more information contact us by phone (855) DT LA LAW   or visit our webpage here.

(1)  You can dismiss your case

(2) Seek to be discharged of your debt via a discharge based on Hardship

(3) You can covert the bankruptcy from Chapter 13 to a Chapter 7

Regardless of which of the three that you choose there are debts that cannot be discharged.    They will remain in your record and you will remain liable for making those payments.    Some of those debts include, priority debts, some secure debts, child support, debts based on personal injury resulting from drink driving.

For a full list of those debts feel free to visit our webpage or contact us (855) DT-LA-LAW.

Other debts that may not be discharged can include those that creditors have been able to successfully object to the initial discharging. 

It is important that you know your rights here so that you can successfully defend your rights.  If you have been involved in a Chapter 13 plan and cannot continue under the plan you have rights.  For a Free Consultation with our Bankruptcy Attorneys from Downtown LA LAW Group contact us by phone (855) DT-LA-LAW . 

Can Unsecured Creditors Object to My Chapter 13 Bankruptcy?

Despite common knowledge, Unsecured Creditor may have the right to object to the Chapter 13 plan that has been set up by you and presented to the court.   A Creditor that objects to the plan may object because he feels that the plan is insufficient in that he as a creditor will not get paid during the CH 13 time period.    

Often objections by a creditor to a Chapter 13 plan derail the objectives of the person filling. Don’t let a Creditors objection to your Chapter 13 plan derail your strategic objectives in a chapter 13.  It is important that you know your rights here.  Contact trusted and knowledgeable bankruptcy attorneys at DOWNTOWN LA LAW for a Free Consultation regarding your case.

Many creditors feel that a Chapter 13 filing will eventually lead to a Ch 7 filing in which their credit in the individual will be eliminated.  Thus many creditors can and often do object to a Chapter 13 and or the structure that the person filing hope to establish with agreement from the bankruptcy court.  Below are some common objections that a Creditor can make to derail your Chapter 13 filing.

(1) Bad Faith:  The Plan for Ch 13 was no provided to the Court In good Faith.

This is likely the most common objection that is raised by creditors.  Courts here will look at your plan and determine whether they are honest in their final strategic goal of getting the individual filing back up on his two feet after the Chapter 13 timeline is over.  

There are no set rules or a definition in bankruptcy courts for Good Faith or Honesty.  It is a case by case analysis.  Here it is important that the filling be provided in a way so as to defeat this objection.  It is important that you know the laws and the interplay between the laws of Bankruptcy and the court decisions regarding this objection. 

(2) Chapter 13 Plan IS NOT in the best interest of Creditors. 

(3) Unfeasible:   The plan will not be able to pay back the creditor in full 

(4) Discrimination Defense:  The Plan is unfairly Discriminatory

Creditor’s ca objects to the class of creditors that they have been placed into.  Ch 13 requires the filing of classes of creditors based on different variables.  Different classes are paid at different times and at different rates in the Ch 13 process.  Creditors often object to the class that they have been allotted.

To be able to fully defense your rights against objections by creditor you need to have a complete knowledge and understandings the law.  At Downtown LA LAW we have a staff of knowledgeable Bankruptcy attorneys that will guide you through the process and help you defend your rights.  \For a free consultation call (855) DTLALAW. 

Chapter 13 Priority Debts: Do I have to pay?

There are some debts that according to United States law must be paid in full over the course of a Chapter 13 plan of action.  Note: there are different plans that the court will issue you based on several factors,  the time of the plan can range but is usually 3 years but can be as long as 5 years.

The general rule is that priority debts that are unsecured by collateral and or a lien will jump to the front of the line.   According to US bankruptcy law priority debts of a person filing for Chapter 13 must be paid in full during the course of the Chapter 13 timeline.  Usually back taxes and or child support are the most common unsecured priority debts that based on US law must be paid during the course of the Chapter 13 bankruptcy timeline.  However there are many bylaws and special rule that apply to the above. Ch 13 bankruptcy law is an often difficult for a non lawyer to understand.  Thus an individual may not be able to fully appreciate and grasp the significance of the laws that may or may not apply to his particular situation.   It is important that you know your rights with regard to Chapter 13 bankruptcy filing.  If you have any questions feel free to contact us and as our Bankruptcy Lawyers and Downtown La Law Chapter 13 attorneys for help.  We offer Free Initial Consultation on any legal issue you have.  Contact us (855) DT LA LAW  or visit our Webpage here.

Here is a list of unsecured debts that can be considered Priority Debts by the bankruptcy court in your jurisdiction.  For more in depth analysis please contact our Bankruptcy Attorneys at (855) DTLALAW

• Contribution to employee benefit plans (such as 401K plans); if a person borrowed money based upon his or her 401 K plan
• Salaries, Commission, benefits, that are owed by an employer for work completed by his or her employee and or agent: (note this may also included outside non employee contractors
• deposits made for the purpose of a lease:  This is limited to $2,425
• Child Support 
• Alimony and other familial payments and court ordered contributions
• Taxes:  State and Federal taxes are usually Considered to be non dis-chargeable and thus priority debt is assumed here.
•  Debt resulting from payments due to Injury cause by DUI Drunk Driving incident
• Tariffs, duties, and import export payments that are owed to the federal government

·   

It is important to know that in a CH 13 filling there are some debts that are not extinguished and assume a priority possession in which the debt must be paid during the time that is given by the court for an individual to restructure himself and come out of Bankruptcy.

This is an often difficult area of the law.  If you have any issue understanding the legal ramifications of the law it is important that you seek legal advice from a trusted Chapter 13 Law Firm.  Feel free co contact us for a free consultation.  Call (855) DT LA LAW

Checklist: How to Form a Non Profit

In this day and age with teh recession continung and hard times for many American want to give back.  Helping others in our community is a noble taks and can brign great satisfaction to the person. 

Here ar DT LA LAW we are here to help persons that which to gove baco to their community by forming, building and expanding a Nonprofit organization.  Below is a brief Checklist of some the important taks that should be implemented if one hope to create a Nonprofit.   If you have any questions and or need help in settogn up your non profit wer are here to help.  Here at Downtown LA Law  we have a staff of professional nonprofit lawyers that wil help you establish and expand the scope of your oraganization.  For a free Consultation call (855) DTLALAW  of Visti of Webpage Here.

Checklist For  Developing a Strategy and long term outlook for your Nonprofit.

(1) First find out and decide who will participate in the planning stage of the non profit. In setting up a potential board it is important the individuals you select are well thought out and will be able to contribute in a manner that will help guide the nonprofit to success

(2) Draft a succinct and gripping mission statement:  it does not need to be longer then a page, think of it as the manifesto of your Nonprofit.  What is your overarching goal in creating this Nonprofit.

(3) Then Make a longer outline of your nonprofit plan of attack, strategies, tactics, goals you want the nonprofit to achieve in One year, Two years, and so forth.

(4) Look at what you have:  assess your non profits current resources, what do you have and what you are lacking for your nonprofit to be able to achieve the above goals that you set up in the Mission Statement and the Longer Outline.

(5) Make a plan on how you will be able to acquire the resources you need.  This may include talking with other nonprofits asking others who are expert for help.  Or contacting an attorney for help in setting up a strategic framework which will allow you to achieve the success you want.

(6) Take your plan to someone that you trust and is trusted in the community and who has been previously involved in a leadership role in starting up a nonprofit.  Ask them for advice on how to change or alter your frame work.  And see if you are on the right track.

(7) Finally Evaluate your strengths and weaknesses and edit your plan accordingly, then assemble its various sections into a final document.

(8) Be sure to contact a nonprofit attorney that can help guide you through the complicated process of setting on the nonprofit entity.

Establishing a nonprofit is a rewarding by often difficult process.   Here are many rule and regulations that one need to be aware of regarding a nonprofit. If you have any questions and for a Free Consultation call (855) DTLALAW.

Chapter Seven and the great recession of 2008-Present

As a result of the economic downturn since 2008 many Americans have little choice but to look at Bankruptcy as a final option towards relieving their debts.  Today many are straddled with massive debt, from credit card bills to medical bills, student loans and mortgages so high to make the underlying property under water, Americans are looking for answers.

Once answer can be filing for bankruptcy.  Agreeing to file can be a difficult process for many.  We as Americans are a proud people who believe in the conviction that we pay our debts and pay back the money we borrowed.    However many these days have no choice, they have been derailed and forced into bankruptcy because of many reasons such as, loss of a job, divorce, bad business dealings, failure of a business, or high medical bills as a result of poor health or a medical condition. 

Chapter 7 bankruptcy provided the debtor a new fresh start by wiping out the debts of the person.   Here at Bankruptcy Information center we will attempt to provide you with some information that will help you and guide you through the often complicated process of filling for a Chapter 7 bankruptcy.   

However there are times where the process can and will get very daunting.  You should not risk you future and make a decision that you may not fully understand.  The Laws of Chapter 7 bankruptcy can be rather complicated.  If you have any questions regarding filling for a Chapter 7 and want to speak to a Chapter 7 attorney or a general Bankruptcy Lawyer contact us.  We will provide you with a FREE CONSULTATION, call (855) DT-LA-LAW.   

Here are a few facts about Chapter 7 that you may not know... We will continually update our post an provide you with new information that will help guide you through the process. 

(1)  Under Chapter 7 bankruptcy, the person is allowed to keep certain property that s considered exempt.

(2)  But Most liens that have been place on property will survive. 

(3) The monetary value of a property that may be claimed as exempt property varies from state to state. So one must look at the specific state law in order to asses the exemption correctly.

Remember:  If you have any further questions feel free to Call Downtown LA Law Group  (855)  DT-LA-LAW We Can Help.