Remove payment
article thumbnail

What Are Preferential Payments in Bankruptcy?

Sawin & Shea

Which creditors can they pay? Which ones will not get the payment they’re owed? This typically occurs because the debtor doesn’t have the money to pay all of their creditors, so they feel they need to rank which ones are more important to pay first. Under ordinary business terms, that’s sensible.

article thumbnail

$225,000 Punitive Damages Award Upheld Where Creditor Repeatedly Contacted Customer After Being Notified of Attorney Representation

Troutman Sanders

Ultimately, the plaintiff filed for chapter 7 bankruptcy protection, listed the defendant as an unsecured creditor, and obtained a discharge of her debt. The plaintiff’s lawyer sent two faxes to the defendant providing notice that the plaintiff was represented by counsel.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

What If My Income Increases During Chapter 13?

Sawin & Shea

One common question that filers have regarding the Chapter 13 process involves income increases and whether they affect payment plans. If you have further questions regarding filing for Chapter 13 bankruptcy, your best course of action may be to enlist the assistance of Chapter 13 bankruptcy lawyers.

article thumbnail

Car Payments and Car Repossession

Sawin & Shea

Are you behind on car payments? It halts collection efforts and gives you the opportunity to reorganize your debts, including vehicle payments, preventing the loan company from taking your car. In this situation, there’s not much you or your lawyer can do about it until the bankruptcy court grinds along in their process.

article thumbnail

What Happens to Investment Real Estate in Bankruptcy?

Sawin & Shea

The process involves liquidating non-exempt assets property to pay creditors. You can surrender the property to creditors and discharge the debt associated with the investment property. Essentially, you can give the property back and walk away not owing anything additional to the creditor. Investment Property Arrearages.

article thumbnail

What Assets Do You Lose in Chapter 7?

Sawin & Shea

For experienced bankruptcy lawyers in Indiana, contact Sawin & Shea, LLC. Chapter 7 is also known as liquidation bankruptcy because it involves liquidating (selling off) non-exempt assets belonging to the debtor to repay creditors and lenders. They cannot take legal action against you or seize your assets.

article thumbnail

Does Chapter 13 Wipe All of Your Credit?

Sawin & Shea

The court will then order a bankruptcy stay — also called an automatic stay — that prohibits creditors and lenders from collecting what you owe. This plan states that you’re committed to paying back something to creditors in monthly installments, and you detail the minimum amount you’ll pay as well as the duration of the plan.