The Internal Revenue Service (IRS) uses a basic logic that if you have any signing authority over the business bank account, then you can be held personally responsible for certain taxes owed by that business. So, yes, if you own a business or part of a business, be prepared to pay certain accrued taxes. This … Read more
Yes, in some cases, you can lower your mortgage on a non-residential piece of property. In a Chapter 13 bankruptcy, clients can attempt to do what is known as a “cramdown” to lower their mortgage. A “cramdown” lowers the principal amount you owe on the mortgage, and then the bankruptcy court determines the interest rate … Read more
Many people have been led to believe that a homeowners’ association cannot foreclose on their home. That is not true! Homeowners’ associations foreclose on property everyday across America and very likely everyday in North Carolina. If your neighborhood has a homeowners’ association, you received and signed documents acknowledging the association’s rights when you purchased your … Read more
Have you ever had those times when you were running short of cash? There was that unexpected car repair or the kids’ summer camp deposit you didn’t have in the budget. You knew something had to give that month but you weren’t sure what! When you considered the options of what you could do without … Read more
With the decline in the housing market many people find they are “upside down” or “under water” on their home. In other words, do you owe more for the house than what it is worth? If that is your situation and you have two or more mortgages, you may find that Chapter 13 bankruptcy is … Read more
If you have an accident while in bankruptcy, the approach with the court will depend on the type of bankruptcy you are involved in, Chapter 7 bankruptcy or Chapter 13 bankruptcy. This blog will discuss only Chapter 13 bankruptcy cases. These are guidelines specific to the Middle and Western Districts of North Carolina, so you should speak with … Read more
While in a Chapter 13 bankruptcy, you must get permission from the bankruptcy Trustee to incur any new debt. This includes a mortgage if you want to purchase a new house. When you are serious about buying a new home within a Chapter 13 bankruptcy, you should let your bankruptcy lawyer know. They will get in contact with the Trustee for you and let him or her know that you would like permission to incur debt. They will file a motion with the court for this. Once the trustee makes a decision, the attorney will let you know.
As long as your 401(k) is ERISA qualified and was exempted (protected) in your bankruptcy petition, you can most likely take a loan against the account while in an active Chapter 13 bankruptcy. However, you MUST get the court’s permission! When you are filing for bankruptcy, one of the top concerns is to protect your … Read more
The short answer is yes. However, there is a bit of a process behind purchasing a vehicle in a Chapter 13. First, your budget needs to be reviewed. This requires your bankruptcy attorney to review your income and your expenses to make sure you can afford to have an extra payment in your budget. Once … Read more
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