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Ch. 13 filings up by 8 percent in 2010

Posted on March 9th, 2011 No Comments

For the fifth year in a row, chapter 13 bankruptcy filings increased in 2010.  There were a total of 438,913 chapter 13 filings last year, up by 8 percent from filings in 2009.  In 2006, only 617,660 bankruptcy petitions were filed for all types of bankruptcy protection.

Chapter 13 bankruptcy allows an individual to reorganize their finances under the supervision of a court.  In addition, chapter 13 bankruptcy can protect people from having their homes foreclosed while they are working on restructuring and paying off debts.

Only chapter 7 bankruptcy filings beat out chapter 13 filings in number.  1.1 million chapter 7 bankruptcies were filed in 2010.

If you or someone you know is considering filing for bankruptcy and has questions about the chapter 13 filing process, contact the Milwaukee Chapter 13 bankruptcy lawyers of DeLadurantey Law Office, LLC at 414-377-0518 to learn more.

Supreme court rules against deduction for car owners

Posted on January 12th, 2011 No Comments

The Supreme Court ruled against allowing individuals filing for Chapter 13 bankruptcy to receive a deduction on their cars if they already own the vehicle outright.  The court made their decision yesterday in a case involving a man named James Ransom.

Ransom argued that he should receive a $471 monthly exemption in his bankruptcy filing despite the fact that he was not making any lease or loan payments on his vehicle.  Justices involved in the case made their decision following the provision on disposable income that “the debtor’s monthly expenses shall be the debtor’s applicable monthly expense amounts”.  Although car ownership can be a deductible expense, because the monthly expense was no longer applicable to Ransom because he owned the vehicle outright, he is not eligible for the deduction.

If you or someone you know is considering filing for bankruptcy protection and has questions about eligibility for Chapter 13 bankruptcy, contact the Milwaukee bankruptcy attorneys of DeLadurantey Law Office, LLC at 414-377-0518 today.

Justice Department intensifies Chapter 13 reviews

Posted on December 8th, 2010 No Comments

The U.S. Department of Justice’s Trustee Program recently announced that they will be intensifying their efforts in reviewing Chapter 13 bankruptcies and foreclosure documents.  Chapter 13 bankruptcy is different from other types of bankruptcy in that it allows individuals to keep their house and extend the time limit for making mortgage payments.

While a chapter 13 bankruptcy filing is being reviewed, individuals are still responsible for making their mortgage payments.  In addition, mortgage servicers are required to file a claim that shows how much they are owed by borrowers.  These two requirements have resulted in several documentation errors by banks.  Trustee officials will be looking to make sure lenders aren’t inflating fees and are continuing to take action on foreclosures.

To discuss filing for Chapter 13 bankruptcy with an experienced bankruptcy attorney, contact the Milwaukee Chapter 13 bankruptcy lawyers of DeLadurantey Law Office, LLC at 414-377-0518 today.

Overall increase in consumer bankruptcy filings

Posted on April 8th, 2010 No Comments

Consumer bankruptcy filings have not been curbed despite the recent economic upturn. Chapter 7 bankruptcy filings were up 14% in February of 2010 compared to February of 2009. This number was also an increase of 9% from the number of filings in January, indicating an uncomfortable trend.

According to Samuel Gerdano, American Bankruptcy Institute executive director, this is the result of years of overspending and increased debt-stress catching up with individual customers.

Stricter bankruptcy laws implemented in 2005 were meant to decrease the number of Chapter 7 bankruptcy filings by requiring those with a regular income to repay their debt in full or in part over a period of several years under Chapter 13 bankruptcy. Instead, Chapter 13 bankruptcy filings have decreased by 3% from the number of filings this time last year.

If you are suffering financial difficulties and need consultation in regards to filing for Chapter 13 or Chapter 7 bankruptcy, contact contact the Milwaukee bankruptcy attorneys of the DeLadurantey Law Office, LLC, at 414-377-0518 to discuss your options.

Can filers switch from Chapter 13 to Chapter 7?

Posted on April 1st, 2010 No Comments

Individuals who file for Chapter 13 usually are able to switch to a Chapter 7 bankruptcy filing. In order to make the switch, individuals should consult their attorney and notify the court.

However, some individuals are not qualified to make the switch if they have filed for Chapter 7 in the last 8 years. If they are not qualified, they still have the option of canceling their Chapter 13 by notifying the court.

If you or anyone you know is considering switching from Chapter 7 to Chapter 13, contact the Milwaukee Chapter 13 bankruptcy lawyers of the DeLadurantey Law Office, LLC, at 414-377-0518.

What if your personal information changes after filing for bankruptcy?

Posted on February 23rd, 2010 No Comments

When individuals file for bankruptcy, they often must submit documents verifying their personal information. After the filing, this personal information, such as a filer’s job or address, may change.

If this information changes, then bankruptcy filers should let their attorneys know immediately. Their attorneys will be able to file the appropriate documentation to inform the court of any bankruptcy changes.

If you have questions about your bankruptcy filing, contact the Milwaukee bankruptcy attorneys of the DeLadurantey Law Office at 414-377-0518.

Are bankruptcy filers required to list all of their creditors?

Posted on February 23rd, 2010 No Comments

Many individuals file for bankruptcy because they are unable to repay debts owed to creditors. When they file for Chapter 7 or Chapter 13 bankruptcy, they are required to list all of their creditors.

Creditors not only include banks and other loan organizations but also any friends or family members who lent the filer money. Potential bankruptcy filers, however, could avoid listing certain creditors by repaying the debt before the filing.

If you or anyone you know has considered filing for Chapter 13 bankruptcy, contact the Milwaukee Chapter 13 bankruptcy attorneys of the DeLadurantey Law Office at 414-377-0518.

Why do individuals choose Chapter 13 over Chapter 7?

Posted on January 13th, 2010 No Comments

When individuals choose to file for bankruptcy, they must often consider which type of bankruptcy filing is best for them. The better bankruptcy filing option will often depend on the filer’s needs and financial situation.

Many individuals who want to keep their home or car may choose Chapter 13 bankruptcy protection. Under Chapter 13, they often will have the opportunity to repay some or all of their debts over an extended period of time. With this extension, Chapter 13 bankruptcy filers are often able to keep their home and car.

If you or anyone you know is considering Chapter 13 bankruptcy protection, contact the Milwaukee Chapter 13 lawyers of the DeLadurantey Law Office, LLC, at 414-377-0518.

Can your sole proprietorship file for Chapter 13?

Posted on December 17th, 2009 No Comments

Businesses are not allowed to file for Chapter 13. This restriction includes sole proprietorships. However, individuals who own a sole proprietorship do have an option.

Individuals who own a sole proprietorship can file for  Chapter 13 as an individual and include the business-related debts for which they are personally liable.

Filing for Chapter 13 has a number of other requirements. If you have any questions  about filing for Chapter 13, contact the Milwaukee Chapter 13 lawyers of the DeLadurantey Law Office, LLC, at 414-377-0518.

Strategies for getting out of Chapter 13 bankruptcy

Posted on December 3rd, 2009 No Comments

There are many options for debtors to get out of bankruptcy more quickly. One convenient option for Chapter 13 filers is to use their home equity to pay off Chapter 13 bankruptcy liabilities.

The source of financing can come from either home acquisition interest or home equity interest. These loans can then be used as a way to extend payments on other debts.

If you or anyone you know has questions about effective strategies for bankruptcy filings, contact the Milwaukee Chapter 13 bankruptcy lawyers of the DeLadurantey Law Office, LLC, at 414-377-0518.

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We are also a Debt Relief Agency. We help people obtain debt relief under the Bankruptcy Code. We are licensed in Wisconsin and California.
Any information you obtain on this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your specific situation.

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735 W. Wisconsin Ave, Suite 720, Milwaukee, WI 53233 USA

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