admin, Author at Higgins and Associates

When should a husband and wife file jointly under chapter 13?

by admin | Mar 28, 2008 | Chapter 13 FAQs

If both spouses are liable for any significant debts, they should file jointly under chapter 13, even if only one of them has income. Also, if both of them have regular income, they should file jointly.

What if the debtor later decides to discontinue the chapter 13 case?

by admin | Mar 28, 2008 | Chapter 13 FAQs

The debtor has the right to either dismiss a chapter 13 case or convert it to chapter 7 at any time for any reason. However, if the debtor simply stops making the required chapter 13 payments, the court may compel the debtor or the filed employer to make the payments...

May a husband and wife file jointly under chapter 13?

by admin | Mar 28, 2008 | Chapter 13 FAQs

A husband and wife may file jointly under chapter 13 if each of them meets the requirements listed in the answer to Question 18 above, except that only one of them need have regular income and their combined debts must meet the debt limitations described in the answer...

What should the debtor do if he or she moves while the case is pending?

by admin | Mar 28, 2008 | Chapter 13 FAQs

The debtor should immediately notify the bankruptcy court and the chapter 13 trustee in writing of the new address. Most communications in a chapter 13 case are by mail, and if the debtor fails to receive an order of the court or a notice from the chapter 13 trustee...

Who is eligible to file under chapter 13?

by admin | Mar 28, 2008 | Chapter 13 FAQs

Any natural person may file under chapter 13 if the person resides in, does business in, or owns property in the United States, has regular income, has unsecured debts of less than $250,000, has secured debts of less than $750,000, is not a stockbroker or a...