Not in Virginia. In a recent 4th Circuit decision, the court held that the Virginia Department of Social Services, Division of Child Support Enforcement, was not entitled to post-petition funds held by the Trustee following the dismissal of Mr. Webb’s unconfirmed Chapter 13 case to apply against his delinquent child support. Affirming the bankruptcy and…

Last week, Senator Lamar Alexander, the Chair of the U.S. Senate Committee on Health, Education, Labor and Pensions, proposed a program that would require student loan borrowers to repay their loans through mandatory automatic deductions from their paychecks.

In a recent Michigan bankruptcy court decision, the court used the “going concern forced sale value” to value Chapter 13 debtor’s business for purpose of best interests of creditors test in Code § 1325(a)(4). The court was faced with determining the proper valuation methodology for the Chapter 13 debtor’s interest in a hair salon; the…

Budgeting is the key to your financial success. You have to know what you are doing with your money. Housing: How much do you spend on housing each month?  (Include rent/mortgage, taxes, insurance, utilities (electricity, gas, water, telephone, etc.), and repairs/upkeep) Food: What are your expenses at the grocery store, restaurants, etc.?  This includes anything…

Whether you are trying to improve your credit score or contemplating filing for bankruptcy, you must get a handle on your monthly budget. What is your total “net” monthly income including other benefit amounts? How much money does it cost you for to pay for your regular living expenses? If your income is less than…

Yes. An Ohio bankruptcy court ruled that the debtor’s mortgage creditor violated the discharge injunction by including in its proof of claim charges that had been discharged in the debtor’s prior Chapter 13 case.  In making its decision, the court noted that the creditor refused to amend the proof of claim unless the debtor agreed…