chapter 13 bankruptcy Archives

An expert analysis of the 401k loan chapter 13 step up trap on Bankruptcy.blog, featuring a side-by-side comparison of a 401k loan agreement and a Chapter 13 plan payment schedule.

401(k) Loans in Chapter 13: The Step‑Up Trap That Can Break Your Plan

A 401(k) loan in Chapter 13 can trigger a step‑up trap that raises your plan payments. Bankruptcy Attorney & Law Professor explains.

401k withdrawal means test impact graphic blocking a Chapter 7 doorway, illustrating how income spikes affect eligibility for readers of bankruptcy.blog.

Bankruptcy

Alexander Hernandez 4 min read

How Your 401(k) Withdrawal Can Sabotage Your Chapter 7 Means Test

Bankruptcy Attorney & Law Professor explains how a 401k withdrawal impacts the Chapter 7 bankruptcy Mean Test.

An illustration of a valve redirecting funds between retirement and disposable income pipes, representing how retirement contributions affect disposable income in bankruptcy, as discussed on Bankruptcy.blog.

Bankruptcy

Alexander Hernandez 4 min read

How Retirement Contributions Affect a Bankruptcy Case

Bankruptcy Attorney & Law Professor explains how 401(k) & IRA retirement contributions affect your disposable income in bankruptcy.

Bankruptcy

Alexander Hernandez 4 min read

Probate Court and Inheritances in Bankruptcy: The 180-Day Rule

Discover how the 180-day rule affects inheritances in bankruptcy. Prof. Hernandez explains the risks of “time travel” assets, the date of death trigger, and why disclaiming an inheritance is considered a fraudulent transfer. Learn how to protect your future assets through strategic timing.

An overhead photograph on a dark wood desk showing legal files labeled ‘Worker’s Comp Benefits,’ ‘Means Test 6-Month Lookback,’ and ‘Schedule I & J Disposable Income’ next to a calculator and pen, used as the main image for a bankruptcy.blog article discussing the workers-comp-means-test.

Bankruptcy

Alexander Hernandez 4 min read

How Bankruptcy is Affected By Your Worker’s Comp Settlement

Prof. Hernandez explains how worker’s compensation impacts the bankruptcy means test. Learn how to manage the gap between the 6-month lookback and your real-world budget on Schedules I and J to avoid the “disposable income” trap.

A metaphorical image from Bankruptcy.blog compares a Closed grey door labeled "Deed in Lieu," which is heavily obstructed by post-it notes representing junior liens (Second Mortgage, HOA Lien, SBA Loan, and Tax Lien), to an Open blue door labeled "Bankruptcy," offering a clear and unobstructed path forward.

Insights & Analysis

Alexander Hernandez 6 min read

Deed in Lieu of Foreclosure vs.Bankruptcy. Which Is the Better Exit?

Bankruptcy Attorney & Law Professor explains which choice is better between a Deed in Lieu of Foreclosure or Chapter 7 or13 Bankruptcy?

An upside-down car submerged underwater representing the negative equity crisis, used as a visual for the Bankruptcy.blog analysis of long-term car loan Chapter 13 cramdown strategies by Prof. Hernandez.

Insights & Analysis

Alexander Hernandez 4 min read

Sinking in Car Debt? How the Chapter 13 Cramdown Rescues You From Long-Term Car Loans

Bankruptcy Attorney & Law Professor Hernandez analyzes the 100-month car loan debt trap and how the Chapter 13 cramdown can reduce negative equity to fair market value.

Car loan affordability trap: upside-down vehicle on loan statement with negative equity and repossession notices for Bankruptcy.blog.

Insights & Analysis

Alexander Hernandez 8 min read

The Forever Car Loan: Why Stretching Your Term is a Financial Trap

Prof. Hernandez analyzes why 100-month car loans are a financial trap. Discover the “Double Sting” of reaffirmation agreements and how bankruptcy provides a clean exit

Bankruptcy

Alexander Hernandez 4 min read

Personal Injury Settlements: Chapter 7 vs. Chapter 13 Bankruptcy

Prof. Hernandez explains how personal injury settlements are treated in Chapter 7 liquidation vs. Chapter 13 reorganization, including the Liquidation Test.

Bankruptcy

Alexander Hernandez 6 min read

Protecting Your Recovery: Personal Injury Settlements and the Bankruptcy Estate

Can you keep your personal injury settlement in bankruptcy? Prof. Hernandez analyzes 11 U.S.C. § 522(d)(11)(D), state exemptions, and strategic alternatives to filing.