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1. What is Chapter 13 Bankruptcy? Chapter 13 is part of the Bankruptcy code under which you may repay all or a portion of your debts under the supervision and protection of the bankruptcy court. A person who files under Chapter 13 is called a debtor. In a Chapter 13 case, you must give to the court a plan for the repayment of all or part of your debts. The plan requires court approval and protects you from your creditors while you are making the plan payments. You must make monthly payments to the Chapter 13 trustee who will disburse the money to your creditors according to your plan. Upon completion of the plan, you are discharged of most debts even if they have not been paid in full. 2. What is the difference between Chapter 7 and 13? A Chapter 7 is a liquidation bankruptcy where your “nonexempt assets” are sold by the trustee; the creditors receive the proceeds and you receive a discharge. Approximately 98 percent of the Chapter 7 cases we file are “no asset cases” meaning that all of our clients keep all of their property and still receive a discharge. However, when we have a client that would lose important assets in a Chapter 7, we often recommend a Chapter 13 “repayment bankruptcy” where the client keeps all of his assets but has to make payments over a period of usually 36 to 60 months. We also recommend Chapter 13 where the client wants to pay certain creditors such as delinquent mortgage payments to stop a foreclosure sale. Other Clients owe taxes that would not be dischargeable in Chapter 7 and they want to set up a payment plan to pay the taxes while stopping additional penalties and interest. 3. When is Chapter 13 preferable to Chapter 7? Chapter 13 is usually preferable if you:
4. Is Chapter 13 different from a debt consolidation service? Yes. In a Chapter 13 case, the court provides aid that a private debt consolidation service cannot. The court will prohibit creditors from foreclosing on your property; force unsecured creditors to accept your plan; and discharge the unpaid portion of debts. Private debt consolidation services have none of these powers. 5. What is a Chapter 13 discharge? It is a court order releasing a debtor from all dischargeable debts. 6. What kinds of debts are dischargeable in Chapter 13? A full Chapter 13 discharge is granted upon the completion of all plan payments and discharges you from all debts except:
7. What is the Chapter 13 plan? It is a written plan filed with the bankruptcy court where you state how much you will pay per month to the Chapter 13 Trustee; for how many months and how much will be paid to each creditor. 8. Who is the Chapter 13 Trustee? The Chapter 13 Trustee is a person appointed by the United States Trustee to collect payments from debtors, make payments to creditors in the manner set forth in the debtor’s plan, and administer the debtor’s Chapter 13 case until it is closed. 9. What debts can be paid in a Chapter 13 plan? All debts including, secured, unsecured and even debts that are non-dischargeable, such as debts for student loans, alimony or child support. 10. Do I have to pay all creditors in full ? No. Priority debts such as taxes, and fully secured debts must be paid in full. However, unsecured creditors such as credit card bills can often be paid only a few cents on the dollar. On car loans, you only have to pay the value of the vehicle, not the loan amount. 11. How much do I have to pay? Generally, all disposable income must be paid to the Trustee for at least three years but no more than five years. Disposable income is income received by you and your spouse that is not reasonably necessary for the support of you and your dependents. 12. When do the payments start? Your first payment is made on or before the 25 th day of the month after the month in which you filed. Other than mortgage payments the trustee is paying on your behalf, the funds will not be disbursed to creditors until your plan is approved. 13. Do my creditors have to agree to my plan? No, only the court has to approve your plan. 14. Who can file Chapter 13? Any natural persons (ie not corporations, LLC’s or partnerships) may file under Chapter 13 provided they:
15. Can my spouse and I file a joint Chapter 13? Yes. The filing should be joint if both spouses are liable for any significant debts. 16. May a self-employed person file under Chapter 13 ? Yes. 17. Where is a Chapter 13 case filed? In the office of the clerk of the bankruptcy court in the district where the debtor has resided or maintained a principal place of business for the greatest portion of the last 180 days. The bankruptcy court is a federal court and is a unit of the United States district court. Because we are in the Eastern District of California, most of our cases are filed at the United States Bankruptcy Court located at 501 I Street in Sacramento. 18. How much will it cost ? The filing fee is $274 for either a single or a joint case. The attorney fees are in addition to the filing fee. The amount charged for pre-filing attorney fees depend upon the complexity of the case but generally range from $1,500 to $2,000. Payment plans are available but the law requires that all fees be paid before the case is filed. However, we can accept your creditor calls and stop the harassment while the payments are made. For post filing legal service we charge on an hourly basis which is paid by the Trustee from the plan payments. 19. Will the Trustee sell my property? No. The Chapter 13 Trustee only disburses money from your plan payments and does not sell your assets. 20. Will the filing stop lawsuits, foreclosures, wage garnishments and creditor calls? Yes. The bankruptcy filing immediately stops virtually all lawsuits, garnishments and foreclosures. A few days after a Chapter 13 case is filed, the court mails a notice to all creditors ordering them to stop all collection actions. Any creditor who intentionally violates this order may face civil and criminal penalties. Neither the automatic stay or the discharge protects cosigners or guarantors from collection action. 21. May a person file if they are in credit counseling? Yes. A financial counselor has no legal right to prevent anyone from filing bankruptcy. Bankruptcy is usually more beneficial than credit counseling because you only pay your unsecured creditors what you can afford which is usually less that 100 percent; the plan often lasts only three years; interest stops accruing and your creditors are forced to accept the plan. 22. Will my name be in the newspaper? No. 23. Will my employer be notified of my filing? No. 24. Can employers or the government discriminate against persons who file bankruptcy? No. It is illegal for employers to discriminate against a person that has filed bankruptcy. It is also illegal for governmental units to discriminate against a person as to the granting of licenses, permits, student loans, and similar grants because that person has filed bankruptcy. 25. What is required for the court to approve my plan? The court will confirm the plan if: (1) priority claims are to be paid in full; (2) the secured portion of claims are to be paid in full; (3) the unsecured creditors will receive at least as much as they would have received had the case been filed under Chapter 7; and (4) all disposable income is devoted to the plan for at least 36 months. 26. What happens at the Creditors Meeting? The first appearance is called the "meeting of creditors." This hearing usually takes place about 40 days after the case is filed. The hearing usually lasts about five minutes and you are questioned about your assets and debts by the trustee. In most Chapter 13 consumer cases no creditors appear in court. 27. Should you have an attorney? Yes. Having a competent attorney is important because the attorney will assist with the following:
CHAPTER 11 BANKRUPTCY
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People facing financial difficulties often feel like they are the only ones having money troubles. They often feel embarrassed and isolated from the rest of the community. They are reluctant to file for bankruptcy because they are afraid they will be considered failures and irresponsible by the public. They do not realize that many people, including famous celebrities, have faced similar financial difficulties and filed for bankruptcy to discharge their debts. This article will discuss some of these famous people including artists, athletes, authors, actors and businessmen who filed for bankruptcy.
Rembrandt Haremenszoon Van Rijn, 1606-1669, the famous Dutch painter, accumulated more debts than he could repay and filed for bankruptcy at the age of 50 in 1656. Jacob Peter Thomasz, a lawyer, supervised the sale of his assets in 1657 and 1658. Many of Rembrandt's paintings and his house were sold at an auction. After the bankruptcy, he continued to paint but was not allowed to sell his works directly to customers. He was able to circumvent this law by having his son take over his business and sell his paintings.
P. T. Barnum, 1810-1891, the greatest American showman, filed for bankruptcy in 1871 due to losses he incurred in unwise business ventures. After bankruptcy he organized his famous circus, "The Greatest Show On Earth." In 1881 he merged his circus with his most successful competitor, James A. Bailey, under the name of Barnum and Bailey Circus.
Mark Twain, (Samuel Langhorne Clemens), 1835-1910, pre-eminent American author, lost most of his money investing in a worthless machine called the Paige Compositor, an automatic typesetting machine. He filed for bankruptcy in 1894 and discharged all his debts, but was determined to repay the debts. He knew he could earn money by giving lectures to large audiences, so he traveled to Europe and spent the next four years lecturing in every major city. He used the proceeds from these lectures to repay all his debts. He also wrote several of his more famous books after filing bankruptcy including Pudd'nhead Wilson and Following the Equator.
Mathew Brady, 1823-1896, distinguished Civil War photographer, filed for bankruptcy in 1872 in Washington, D.C. when, after the Civil War, people lost interest in his work and he became unable to pay his business debts. Three years after he filed for bankruptcy, the United Stated War Department agreed to purchase part of his photography collection for $25,000.00. He then reopened his gallery and was successful in attracting new clients for his work.
Henry John Heinz, 1844-1919, condiment manufacturer, started his company in 1869 selling horseradish, pickles, sauerkraut and vinegar. In 1875 the company filed for bankruptcy due to an unexpected bumper harvest which the company could not keep up with and could not meet its payroll obligations. He immediately started a new company and introduced a new condiment, tomato ketchup, to the market. This company was, and continues to be, very prosperous.
Oscar Wilde, 1854-1900, acclaimed poet and author, was forced into bankruptcy in 1895. He had earlier been convicted of homosexual activity, which in England was illegal at that time, and was sentenced to two years in prison at hard labor. He was declared a bankrupt on November 12, 1895 and his property was auctioned off. After being released from prison he published his poem, The Ballad of Reading Gaol. His health was affected by his prison experience, and he died at the age of 46.
Milton Snavely Hershey, 1857-1945, founder of Hershey's chocolate, started four candy companies that failed and filed bankruptcy before starting what is now Hershey's Foods Corporation. Mr. Hershey had only a 4th grade education, but was certain he could make a good product that the public would want to purchase. His fifth attempt was clearly successful.
Henry Ford, 1863-1947, automobile manufacturer, first two automobile manufacturing companies failed. The first company filed for bankruptcy and the second ended because of a disagreement with his business partner. In June 1903, at the age of 40, he created a third company, the Ford Motor Company, with a cash investment of $28,000.00. By July of 1903 the bank balance had dwindled to $223.65, but then Ford sold its first car, and as they say, the rest is history.
Mickey Rooney, 1920- , movie actor, blames alcohol and gambling for the financial problems he suffered in the early 1960's. He owed the Internal Revenue Service $1.75 million and filed for bankruptcy in 1962. After the bankruptcy he continued to act and has had many roles in movies and television. He is still preforming live shows today.
Debbie Reynolds, 1932- , movie actress, purchased a hotel in Las Vegas in 1992 and called it the Debbie Reynolds Hotel and Casino. She thought she could operate the hotel successfully, however, it was plagued by a weak cash flow almost from the start. In July 1997 the hotel filed for Chapter 11 bankruptcy, and Ms. Reynolds filed for personal bankruptcy. The hotel was sold at auction in 1998 to the World Wrestling Federation.
Johnny Unitas, 1933- , legendary Hall of Fame football quarterback, was a great athlete but a terrible businessman. Each of his business ventures, including bowling alleys, land deals and restaurants, was unsuccessful. He filed for Chapter 11 bankruptcy in 1991. Other football players who filed for bankruptcy include Tony Martin and Lawrence Taylor.
Jerry Lee Lewis, 1935- , famous Rock n' Roll star, filed for bankruptcy in 1988 because of huge tax debts. The IRS seized his cars, furniture, baby grand piano and even showed up at his concerts to collect ticket sales. He has since recovered from bankruptcy and still gives live concerts.
Burt Reynolds, 1936- , movie actor, filed for bankruptcy in 1996 in Florida after his much publicized divorce from Loni Anderson. He had more than $10 million in debt. His dinner theater was foreclosed on by the mortgage lender and his ranch was sold. Since his bankruptcy he has continued to act in movies and was awarded the Golden Globe for Best Supporting Actor in the film Boogie Nights.
Sherman Hemsley, 1938- , TV actor who played George Jefferson in All in the Family, filed for Chapter 13 bankruptcy in June of 1999. He did not have sufficient funds to repay a $1 million loan from a Las Vegas investment corporation and pay taxes he owed to the IRS. He later dismissed the case and worked out his debt outside court.
Marjorie Margolies Mezvinsky, 1942- , former member U.S. House of Representatives from 1993 to 1995, filed for Chapter 7 bankruptcy in February 2000. She was denied a discharge, however, because she failed to satisfactorily explain and disclose what happened to all her assets.
Wayne Newton, 1942- , Las Vegas entertainer, filed for Chapter 11 bankruptcy in 1992 listing more than $20 million in debt. A few years later he signed a new contract with Stardust Hotel which pays him reportedly over $25 million per year for performing at the hotel 40 weeks a year for 10 years.
Kim Basinger, 1953- , actress, earned so much money from her movies that she was able to purchase the town of Braselton, Georgia. After the purchase she was sued for breach of contract for pulling out of the movie, Boxing Helena. She was not able to pay the damages resulting from the suit and filed for bankruptcy in 1993. As part of her bankruptcy she sold the town. She later married Alec Baldwin, had a child and won an Oscar for her role in the movie L.A. Confidential.
MC Hammer, (Stanley Burrell) 1962- , musician and entertainer, filed for Chapter 11 bankruptcy in 1996 because he did not have the income to support his lavish lifestyle and defend all the lawsuits that were filed against him.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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