Bankruptcy Rule 1004.1 permits a fiduciary to file a bankruptcy case on behalf of a minor or someone who is incapacitated. Here is the rule: “If an infant or incompetent person has a representative, including a general guardian, committee, conservator, or similar fiduciary, the representative may file a voluntary petition…
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Child support and spousal maintenance (alimony) are called Domestic Support Obligations or “DSO’s” in bankruptcy, and these claims receive special treatment. Domestic support obligations are not dischargeable under any chapter. Regardless of chapter, the trustee in your case is required to notify the recipient of maintenance or support payments that…
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Okay. You just sat down and reviewed your petition, made any appropriate changes to make it speak the truth and then signed it. The fees are (finally) paid (upfront fees if it's a chapter 13), and the case was just filed electronically with the Bankruptcy Court. You have your bankruptcy…
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When a successful consumer bankruptcy case has run its course, the Bankruptcy Court issues an Order of Discharge. The discharge does a couple of very important things. It voids the future effect of judgments taken against the debtor prior to bankruptcy (except to the extent that the lien of a…
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This frequently comes up when discussing a possible chapter 13 case filing with a client. The answer depends on what kind of debt we’re discussing. Let’s start with unsecured debt, like credit cards, medical and (some) lawyer bills, the butcher, the baker, etc. (Not included here are priority claims, discussed…
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If your median household income exceeds the median income for (New York) for your household size, then you haven’t passed the simple, straight-forward first half of the means test. So, it's on to the second half. The second and more complicated part of this test deducts certain expenses from your…
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