Thursday, May 26, 2011

Before You File a Chapter 13 Bankruptcy in Arizona, Don't You think You Ought To Have a Reason to File?



There are still a few good reasons to file a Chapter 13 Bankruptcy Case after the 2005 Amendments to the Bankruptcy Code.

But there are only a few.

No Superdischarge, right? And you won't be modifying the first mortgage, right?

And you'll be paying through the nose for up to five years, right?

Now, I've filed either hundreds or thousands of Chapter 13 Cases, back when they were a good idea (hey, we used to have $1.00 total payment Chapter 13 Plans in the Good Old Days!), but these days, you'll need to explain to me in words of few syllables why you think you need a Chapter 13 Case instead of a Chapter 7 Case.

And don't get me wrong; a Chapter 13 is a perfectly good solution.

But only in a very few circumstances.

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