Honolulu Bankruptcy attorney Ed Magauran explains why a chapter 13 needs to be feasible.
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We file bankruptcies on all the Hawaiian Islands, Oahu, Big Island, Maui and Kauai. Find out what we can do for you today!
Honolulu Bankruptcy attorney Ed Magauran explains what happens to your tax return when filing bankruptcy.
Call us today at 808-585-1000 for a free no obligation consultation. Dump the debt and get a fresh start.
We file bankruptcies on all the Hawaiian Islands, Oahu, Big Island, Maui and Kauai. Find out what we can do for you today!
Honolulu Bankruptcy attorney Ed Magauran explains what can be done if your house is worth less than what is owed.
Call us today at 808-585-1000 for a free no obligation consultation. Dump the debt and get a fresh start.
We file bankruptcies on all the Hawaiian Islands, Oahu, Big Island, Maui and Kauai. Find out what we can do for you today!
Honolulu Bankruptcy attorney Ed Magauran explains what happens when filing a Chapter 13 Bankruptcy.
Call us today at 808-585-1000 for a free no obligation consultation. Dump the debt and get a fresh start.
We file bankruptcies on all the Hawaiian Islands, Oahu, Big Island, Maui and Kauai. Find out what we can do for you today!
Honolulu Bankruptcy Attorney Ed Magauran explains what a Bankruptcy Estate is.
Call us today at 808-585-1000 for a free no obligation consultation. Dump the debt and get a fresh start.
We file bankruptcies on all the Hawaiian Islands, Oahu, Big Island, Maui and Kauai. Find out what we can do for you today!
Honolulu bankruptcy attorney Ed Magauran talks about the benefit of knowing all your options. Call today for a free consultation! 808-585-1000 Its Free! What do you have to lose? Dump the debt.
Lien Stripping is available in a Chapter 13 bankruptcy.  It is not available in a chapter 7 bankruptcy.
Lien Stripping is permissible, with several caveats, when the Fair Market Value of the property is worth less than is owed on the secured lien to be stripped.¬¨‚Ć For example, if the fair market value of¬¨‚Ć your residence is $450,000.00 and you have two mortgages.¬¨‚Ć The first mortgage balance is $450,001.00 then the second mortgage is “wholly undersecured” and may be stripped.
If you are successful in stripping the lien, in order for it to stay stripped, you must fully complete the Chapter 13 Plan or it will not work.
Call us today at 808-585-1000 for a free no obligation consultation.  Dump the debt and get a fresh start.
We file bankruptcies on all the Hawaiian Islands, Oahu, Big Island, Maui and Kauai.  Find out what we can do for you today!
The Co-Debtor Stay is only applicable in a Chapter 13 bankruptcy and only to consumer debts.  It is not applicable in a Chapter 7 bankruptcy.
It’s function is to¬¨‚Ć stop collection activities against persons who are not filing bankruptcy but who also owe on one or more of the debts that the filing person may be liable.¬¨‚Ć This protects the co-debtor from immediately being pursued because the filing person is now protected by the bankruptcy stay and can no longer be pursued.¬¨‚Ƭ¨‚Ƭ¨‚Ć A co-debtor is someone who agrees to be liable on the debt with the debtor, the person filing bankruptcy.¬¨‚Ć It does not matter if they sign as “secondary” or “primary” or as “guarnator” or as a “surety.”¬¨‚Ć All of those persons are co-debtors.
To pursue the co-debtor the creditor must seek relief from the stay by motion filed with the Court and must demonstrate sufficient reasons why the co-debtor stay should be modified.  If they do not so file a motion or if the motion is not granted and they attempt to collect the debt from the co-debtor they are in contempt of court order.
The purpose of Co-Debtor Stay is to delay collection actions against a co-debtor for consumer debts during the Chapter 13 bankruptcy  case and remains in place until the bankruptcy case has been closed, dismissed, or converted to Chapter 7 or the stay is lifted.
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We file bankruptcies on all the Hawaiian Islands, Oahu, Big Island, Maui and Kauai.  Find out what we can do for you today!
A bankruptcy estate is another name for your property or assets and debts as of the moment you file a bankruptcy.  The estate can also include a few various items which you disposed of  prior to the bankruptcy.  You are required to list all assets and debts in the bankruptcy even those you wish to keep after the bankruptcy.   Depending on the type of asset and any debts secured by that asset  it may or may not be considered part of your bankruptcy estate.  If it is part of your estate and you have equity in the item, you may be able to exempt that equity.
If you are in a Chapter 7 the asset is abandoned back to you at the conclusion of the case unless the trustee sees equity in it that is non exempt and he liquidates it to pay your creditors on a pro rata basis.
In a chapter 13 you can keep even non exempt assets provided your creditors receive as much as they would receive in chapter 7.
The rules are complicated and not necessarily intuitive.  Your best best it s to talk to a bankruptcy attorney and discuss both your assets and your debts to find out what options you have when dumping your debt.
Call us today at 808-585-1000 for a free no obligation consultation.  Dump the debt and get a fresh start.
We file bankruptcies on all the Hawaiian Islands, Oahu, Big Island, Maui and Kauai.  Find out what we can do for you today!
It depends whether you are filing chapter 7 or chapter 13.
If you receive your tax refund after filing chapter 13 bankruptcy, it has to be payed to the bankruptcy trustee unless it can be exempted and minus  any earned income or child tax credit It is also subject to setoff, recoupment or otherwise provided for by your plan.
If you are filing chapter 7, your tax refund must be listed as an asset to the extent that it is earned and claimed as exempt if permitted under your state or federal exemptions.  Any non exempt refunds through petition date will have to go to the chapter 7 trustee  (minus  any earned income or child tax credit ,  setoff or recoupment).
This is a general breakdown and the rules are complicated.  The best thing you can do is to get advice from a bankruptcy attorney as each case is unique.
Call us today at 808-585-1000 for a free no obligation consultation.  Dump the debt and get a fresh start.
We file bankruptcies on all the Hawaiian Islands, Oahu, Big Island, Maui and Kauai.  Find out what we can do for you today!
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