One of the most common questions by someone considering Chapter 13 bankruptcy is how much is my monthly payment and how long is the repayment plan?     The base length of repayment in a Chapter 13 bankruptcy plan first depends on the income of the debtor or debtors. This is a starting point and defines the minimum amount of time normally required for each case.  Lawyers refer to this as the Applicable Commitment Period or the ACP.  Each state has

When you file a chapter 13 bankruptcy there is always a concern that you will end up paying not only your attorney fees but those of your creditors.  In some cases where there is a secured claim it is possible that the person filing the bankruptcy could be responsible for the fees generated by the attorney for the creditor.  The example that most often comes to mind are fees for

The Automatic Stay is an injunction that goes into effect when a bankruptcy case is filed.  An injunction is a court order that tells people to do something or not do something.  The Automatic Stay is issued when a case is filed.  The bankruptcy clerk prepares the order and sees that it is mailed out to all the creditors listed in the case.  The order imposing the stay is also known

A Bankruptcy Trustee is most often thought of as the person that manages the bankruptcy estate.  When someone files for a bankruptcy a trustee is appointed to manage the bankruptcy estate.  You should think of the bankruptcy estate as a separate entity.  If Chris Coons files a bankruptcy then there is a bankruptcy estate for Chris Coons and the case title is usually In re Chris Coons.  

I think this is one of the most controversial issues I have run into in my more than 20 years practicing law.  It is a confusing problem because there is no simple answer.  You have to look at the facts of each case and then decide what is most cost effective.

If you are looking for options outside of bankruptcy to help you deal with creditors then I recommend you consider going to a certified credit counseling agency.  In Kansas there is a list of non-profit agencies with the Kansas Banking Commissioner’s Office that help people deal with their creditors.