Cars & Bankruptcy: What You Must Know to Get It Right

By Cathy Moran, Mt. View, CA

It’s time for a summary and refresher on dealing with car loans in bankruptcy.

Somehow, my staff hit a wall this week on what information we needed about cars and car loans.

Then, we stumbled on what to do with that information.

So, here’s my roadmap to cars in bankruptcy. Fasten your seat belt: here we go.

Car value

A reliable value for the car is essential in any form of bankruptcy. It drives exemption planning . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

New Judge Appointed

The Academy

June 18, 2023

Appeals Court Names Erie Lawyer as Newest Bankruptcy Judge – John C. Melaragno has been named the new judge for the Erie Division of U.S. Bankruptcy Court for the Western District of Pennsylvania

Tax Projections and the Means Test – Part II

September 22, 2019

By Cathy Moran, Esq. (Redwood City, CA) I wrote earlier about calculating the projected income tax deduction on the means test when the year of filing situation looks much like last year. But what if things aren't the same year over year? Your job as a bankruptcy attorney becomes more complicated. It's suddenly more than figuring the tax refund or...

Members

When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

Jeff LeForce

January 16, 2022

When do the facts justify a long bar to refiling over the 180-day period in § 109(g)? Sometimes it is Justice Stewart’s infamous words from Jacobellis v. Ohio, 378 U.S. 187 (1964)–“I know it when I see it.” Even so, a Trustee must provide evidence and authority to the Court for a long prejudice period. In In re Parson 2021...

Members

Division of Marital Property During a Chapter 13 Bankruptcy

Michael B. Joseph

November 5, 2023

“The focus of this article is to review some of the issues faced in cases with pending state court marital property division proceedings.”

Members

Critical Case Comment

July 11, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) A prior servicer of a mortgage claim subsequently transferred to another servicer could be held liable if the transferor servicer provided inadequate or incorrect information to the transferee. (Aron) In re Bivens vs. NewRez LLC (In re Bivens), 625 B.R. 843 (Bankr. M.D. N.C., March 25, 2021) Case Summary...

Members

From the Editor – Avoidance

September 22, 2019

By The Honorable William Houston Brown (Retired) Chapter 7 trustee’s avoidance of post-petition mortgage lien. After filing Chapter 7, the debtor, without prior authority, refinanced property of the estate twice and the trustee sought avoidance of the mortgage lien under § 549. No defense was available because the mortgagee did not qualify as a good faith transferee, having knowledge of...

Members

Passing of Retired Ohio Judge

The Academy

August 20, 2023

Passing of Retired Ohio Judge Judge Baxter was appointed United States Bankruptcy Judge for the Northern District of Ohio on December 16, 1985, and served in the Court’s Cleveland, Ohio location until his retirement in 2011. He served as Chief Judge between 2004 and 2008. Click here for obituary.

Reasonable Fees and/or Questionable Attorney

May 17, 2020

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL) We talk about it daily - emailing issues back and forth as to what is reasonable and what is not. Should every Court have a basic reasonable fee structure or should every attorney be required to file an application to prove the reasonableness of his/her...

Members

Chapter 13 NoLook Fees: The Horns of a Dilemma

Cathy Moran

December 3, 2023

“We’re confronted with a dilemma: if we pay practitioners fairly,we price ourselves out of reach of the very individuals we hope to help.”

Members

Representing Elderly Clients in Bankruptcy – Part 1 of 3

January 5, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Overview Filing considerations. Perfect Storm! Pensions going down. Healthcare costs going up. Home Equity high. Medical debts increasing. Limited income. Common considerations. Embarrassment. Many of the elderly are from a generation which regards bankruptcy as an indication of moral failure and shame. Confidentiality. May not want family members, including a spouse,...

Members