Taking Bankruptcy Abuse to a Whole New Level

bankruptcyYour car has been impounded and you can’t afford the ransom to secure its release. The answer to your dilemma appears as you wander the corridor of the impoundment offices. An “angel” appears offering a solution to your problem. For a small fee of $500 the “angel” will set you and your wheels free. The solution is filing bankruptcy and listing the car and the impoundment fee perhaps as your only asset and liability. Voila! The car is released and you are set free. The only remaining problem is that the FBI sets up a sting and the plan is foiled.

This scheme was recently uncovered in Chicago. For more on this creative misuse of bankruptcy click here.

No Author Biography has been linked to this Article.

Related Articles

davidjacob
July 28, 2024
“Just call me the third-party release clause groupie. . . . After another security check and metal detector, we were in and I had a seat where I could see all of the justices in their glory!”
beskin
October 22, 2023
Upon this auspicious occasion, seeing before us this eloquence of attorneys, let us recount the mighty deeds of one Herbert Lee Beskin. WHEREAS, Herbert was born and began his legal career in the last century (or we presume); and WHEREAS, a double Hoo, Herbert graduated from the University of Virginia with a B.A. in 1972, and stayed in Charlottesville to...
July 14, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...
Members
Copy of Hildebrand-2016
Chapter 13 plan’s compliance with the means test in § 1325(b) does not immunize the plan from the good faith requirement of § 1325(a) and an above median Chapter 13 debtor whose plan satisfies the mathematical requirements of the means test must still be proposed and filed in good faith.
Members
March 17, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Trustee’s “double-dipping” objection to above-median confirmation denied. The trustee objected to confirmation based on above-median debtor deducting the IRS Local Standard housing deduction when the actual mortgage expense was on a marital residence owned by the debtor’s nonfiling spouse, while also claiming the marital adjustment for the spouse’s income...
Members
March 1, 2020
By Nathan E. Curtis and Peter Francis Geraci, Geraci Law LLC (Chicago, IL) Time does not stand still while a debtor is in Chapter 13. Nor do income and expenses. Ideally, consumer debtors who have filed a chapter 13 would not need to obtain credit during the term of their plan. Unfortunately, circumstances sometimes get in the way. The most...
Members
Consumer Bankruptcy Education
January 19, 2025
Director’s Awards Recognize 16 Employees for Leadership, Service FOUR are from bankruptcy courts!!
Copy of Hildebrand-2016
Chapter 13 debtor’s failure to provide evidence of a change in financial circumstances justifies the denial of a motion to modify seeking to reduce the dividend and related payments into the plan.  (Cleary) In re DeRoo, 650 B.R. 561 (Bankr. N.D. Ill. May 2, 2023) Case Summary Nicole DeRoo filed a Chapter 13 petition in February of 2022.  Above-median income...
Members
March 13, 2022
The debtors will miss him. The creditors will miss him. Even more, his colleagues will miss him. Michael Joseph has served as the Chapter 13 Trustee in Delaware since 1987. He is retiring March 31, 2022. He has served with competence and excellence. The debtors will miss him because he treated them with dignity and compassion. The creditors knew they...
Members
William-1_print_2019
Eighth Circuit, like the Ninth, has ruled that when Chapter 13 cases are converted to Chapter 7, any increase in a debtor's home value beyond exemptions and liens becomes part of the Chapter 7 estate. See also: Critical Case Comment – Post-Petition/Pre-Conversion Equity
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: