Andrew John Hawes’s Guides

Andrew John Hawes

Chicago Foreclosure Attorney.

Contributor Level 12
  1. How often will I have to go to court for my bankruptcy

    Written by attorney Andrew Hawes, over 3 years ago.

    People are often surprised by how little they actually have to go to court for their bankruptcy. If you file a Chapter 7 petition, you typically only have to make a single appearance at the Creditors Meeting. Chapter 13 involves an appearance at the Creditors Meeting and another...

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  2. What debts cannot be discharged in Chapter 13 bankruptcy?

    Written by attorney Andrew Hawes, over 3 years ago.

    As a general rule, the discharge releases the debtor from all debts provided for by the plan or disallowed, with limited exceptions of certain debts referenced in 11 U.S.C. 1328. Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage),...

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  3. The Chapter 13 Discharge

    Written by attorney Andrew Hawes, over 3 years ago.

    The bankruptcy law regarding the scope of the chapter 13 discharge is complex and has recently undergone major changes. Therefore, debtors should consult competent legal counsel prior to filing regarding the scope of the chapter 13 discharge. A chapter 13 debtor is entitled to a...

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  4. Making the Chapter 13 Repayment Plan Work

    Written by attorney Andrew Hawes, over 3 years ago.

    Making the Repayment Plan Work The provisions of a confirmed plan bind the debtor and each creditor. 11 U.S.C. 1327. The debtor must make regular payments to the trustee either directly or through payroll deduction. This will require adjustment to living on a fixed budget for a...

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  5. The Chapter 13 Repayment Plan

    Written by attorney Andrew Hawes, over 3 years ago.

    The Chapter 13 Repayment Plan Confirmation Hearing The debtor must file a repayment plan with the petition or within 15 days after the petition is filed. Fed. R. Bankr. P. 3015. A plan must be submitted for court approval and must provide for payments of fixed amounts to the tru...

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  6. Chapter 13 Creditor’s Meeting

    Written by attorney Andrew Hawes, over 3 years ago.

    Chapter 13 Creditors Meeting The Chapter 13 trustee will hold a creditors meeting between 20 and 50 days after the debtor files the chapter 13 petition. At this meeting, the debtors are placed under oath. Both the trustee and creditors may ask the debtor questions. The debtor mu...

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  7. The Chapter 13 Automatic Stay

    Written by attorney Andrew Hawes, over 3 years ago.

    The Chapter 13 Automatic Stay As soon as the Chapter 13 bankruptcy petition is filed, the automatic stay is put into effect. This immediately prohibits certain further collection actions against the debtor or the debtors property, such as initiate or continue lawsuits, wage garn...

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  8. Chapter 13 Bankruptcy Process and Procedure (The Beginning)

    Written by attorney Andrew Hawes, over 3 years ago.

    Credit Counseling Education Course As in Chapter 7 bankruptcy, a debtor must complete a credit counseling course within 180 days prior to filing a bankruptcy petition. A debtor must obtain a certificate of completion of this course, and the debtor must file this certificate wit...

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  9. Who Can File Chapter 13 - Eligibility Requirements

    Written by attorney Andrew Hawes, over 3 years ago.

    Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual's unsecured debts are less than a specified number and secured debts are also less than a specified number. As of April 14, 2011, an individ...

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  10. Advantages of Chapter 13 Bankruptcy

    Written by attorney Andrew Hawes, over 3 years ago.

    Chapter 13 bankruptcy, also known as Individual Debt Adjustment, offers some advantages over Chapter 7, or liquidation, bankruptcy. The biggest reason people choose Chapter 13 bankruptcy is that they want to keep their home. Chapter 13 offers home protection in the following ways...

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