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Use Online Access Keep Track of the Disbursements in Your Chapter 13 Case

By Jonathan on December 18, 2009

Once you file a Chapter 13 bankruptcy and begin contributing monthly to the payment plan, you may wonder where your money is going, who’s being paid and how much money you still owe until you get your Chapter 13 discharge. As a Chapter 13 debtor, you can have access to much of the same information that the Trustee and your attorney have.

The National Data Center allows Chapter 13 debtors to access their case at no charge through its website: www.13datacenter.com. In order to view your case on-line, you must first register for a user name and password. Just go to the www.13datacenter.com website and locate the box that asks for User Name and Password. If you are a new user, click the link “New Debtor Access – CLICK HERE” to register for a user name and password.

Step 1: You will be asked a series of questions to verify your identity. Make sure to enter your name exactly as it appears on your petition, your social security number and your case number.

Step 2: Once you’ve entered all information requested in the first screen, you will be taken to the second screen. Select one of the creditor names listed, which must also be one of the creditors included in your Chapter 13 petition. Select your correct mailing address (NOT the address of the creditor). Finally, select the name of the Trustee that has been assigned to your case.

Step 3: Once the second screen is submitted, you’ll be taken to the third screen. Here you will be able to choose your own username and password, as well as enter your email address.

Once you’ve completed Steps 1 – 3 of the registration process, you will receive an email with your username/password and will be automatically re-directed to the National Data Center homepage. Log-in using your username and password and freely navigate the National Data Center website to view your case on-line and keep tabs on where the money is going.

Post by Susan Blum.

Has “Financial Repression” Stopped You from Filing Bankruptcy?

By Jonathan on December 15, 2009

Editors note: In this compelling post, Charleston bankruptcy lawyer Russ DeMott describes what he calls “financial repression” – the tendency of honest, hardworking men and women to delay or forego bankruptcy protection because of the administrative and expense burdens added to the bankruptcy filing process by the 2005 BAPCPA changes to the bankruptcy laws.

When you meet with your bankruptcy lawyer, you’ll be given a lot of information. You’ll also be given many tasks to complete before you file your bankruptcy case.

Our new bankruptcy law, BAPCPA (Bankruptcy Abuse Prevention and Consumer Protection Act), created a tremendous amount of busy work for debtors. You must complete a credit counseling session prior to filing your case, you must provide the trustee with the last tax return you filed, and you must give your bankruptcy lawyer six months’ worth of pay stubs, just to get started. There’s lots of work to be done.

Debtors are already stressed out when they come to their lawyer’s office. The law is often confusing. There are many new terms thrown around: CMI, DMI, discharge, First Meeting of Creditors, 341, 362, median income, means test, trustee, and on and on. Even if they have a lawyer who explains things well, there’s a large amount of new information to absorb.

On top of all this, they must provide their lawyer with numerous documents. Some of these are easily accessible; some are not.

In my Charleston, South Carolina bankruptcy practice, I have noticed that many clients seem worn down by this process. We regularly check on open files to notify the clients of the information we need to file their cases. Sometimes they respond, but sometimes they don’t. It’s as if they believe that if they ignore the financial mess they are in, the problems will magically disappear. They won’t, of course. In fact, they’ll continue to get worse.

I call this financial repression. Like any other repression, it delays a resolution. Whatever the problem is, it doesn’t get solved. [Read more…] about Has “Financial Repression” Stopped You from Filing Bankruptcy?

BAPCPA at 4 Years – Has It Solved Anything?

By Jonathan on December 14, 2009

I have been representing debtors in bankruptcy cases filed in the Northern District of Georgia for over 20 years. Until the law changed in 2005, filing bankruptcy was a fairly straightforward process – often I would meet with a client, decide whether to file and select Chapter 7 or Chapter 13, collect information about creditors, develop a budget, then file that day.

Attorney’s fees and filing fees in those days were relatively low and relatively hassle free. Most Chapter 7 cases processed through to discharge, and Chapter 13 cases worked as long as the debtor remained employed and committed to making his case work.

Fast forward to October, 2005 – the time that the BAPCPA amendment to the Bankruptcy Code went into effect. The system became significantly more complicated. Clients were expected to gather page after page of documents, lawyers were charged with performing extensive budget calculations (the median income and means test).

Fees went up because both the attorney’s liability and the amount of work required increased greatly. And what is the end result? Many people with limited income and no hope of paying it back are filing Chapter 7. Others who would have fit into Chapter 7 sometimes do not qualify immediately and end up having to delay their filing for a few months. Folks with some capacity to pay end up in Chapter 13, but trustees are more demanding and Chapter 13 plans that would have worked under the old law do not always work now. [Read more…] about BAPCPA at 4 Years – Has It Solved Anything?

Student Loan Discharge Case Heard by U.S. Supreme Court

By Jonathan on December 11, 2009

Earlier this month the U.S. Supreme Court heard arguments in a case involving the question of discharge of student loans in a Chapter 13 case. The case arose from a Chapter 13 petition filed in 1992 by Francisco Espinoza, an American Airlines baggage handler.

Mr. Espinoza’s story began in 1988. Sensing that airline baggage handling was not a great long term career, Mr. Espinoza enrolled in a technical school to learn computer drafting and design, and he financined his education with a student loan. Unfortunately, he was not able to find a job using his new education and he found himself in a financial bind when American Airlines froze wages and reduced his hours.

By 1992, Mr. Espinoza found himself living paycheck to paycheck and unable to pay down his $13,000 student loan. At that point, he contacted a lawyer and filed a Chapter 13 bankruptcy. The Chapter 13 plan prepared by Mr. Espinoza’s lawyer provided for full payment of the balance due on the student loan over the term of the plan but it did not provide for payment of $4,000 in accrued interest or for future interest.

Georgia Among Top Five in Bankruptcy Filings Per 1000 Residents

By Jonathan on December 5, 2009

Filing bankruptcy reshapes America.

Why is this and why has it been this way for years – long before the current recession? From my perch as an Atlanta debtor’s attorney, I believe that the following factors contribute to our state’s high filing rate:

most people in Atlanta are not from Atlanta. As such, they do not have close family nearby who can help out with a loan or with a place to stay
the economy in Atlanta is and has been primarily a service economy, with an emphasis on communications, IT infrastructure, and transportation. These industries tend to move through boom and bust cycles more quickly than the economy in general, making jobs in these areas less stable
Atlanta is a young, somewhat flashy city that encourages conspicuous consumption. As a metropolitan hub, Atlanta exploded in the 1970’s meaning that most of the suburbs are 20 to 30 years old. There really isn’t much “old money” here – and the entrepreneurial class that drives much of the region’s business is inherently less financially sound
bankruptcy filings tend to breed more bankruptcy filings. When you look at the total numbers of filings over the past 20 years, the totals add up to more than the total population of the metro Atlanta area! Now, obviously some folks have moved elsewhere but I sense that in general, the idea of filing a bankruptcy in Atlanta is seen as a financial tool rather than a badge of personal failure
there is a lot of information out there about filing for and recovering from bankruptcy. Information empowers people to understand their options and to make reasoned choices. Although bankruptcy is and should be considered a last resort, it can offer a fresh start for honest, hardworking people who are facing an otherwise unmanageable financial crisis

Can you think of other reasons why Atlanta and Georgia have such high filing rates – I’d love to hear from you.

Christmas Shopping and January Bankruptcy

By Jonathan on November 21, 2009

As we approach the Christmas holiday season, I want to remind my readers of two things. First and foremost, I want to wish all of my clients and blog readers a happy and healthy holiday season. Financial struggles will come and go but if you have your family and your health, not a whole lot of other things matter.

Secondly, I would respectfully suggest that it is never too late to begin the process of tackling your financial issues. Over the years I have met with many potential clients in January and February who bring me credit card bills containing charges incurred for presents in November and December. They are ready to make a fresh start and want to file.

On more than one occasion I heard the explanation “well, I knew that I was going to have to file bankruptcy at some point – but I wanted my family to enjoy a nice Christmas first.”

From my perspective as a bankruptcy lawyer, this attitude will get you in trouble. Common sense should tell you that you cannot run up your credit cards buying gifts, then wipe out that debt a month or two later by filing bankruptcy.