The Lohmeyer Law Office FindLaw IM Template2026-06-04T10:47:28Zhttps://www.lohmeyerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603974/2022/09/cropped-lohmeyer-site-icon-32x32.jpgOn Behalf of The Lohmeyer Law Office<![CDATA[How long is a Chapter 13 bankruptcy repayment plan?]]>https://www.lohmeyerlaw.com/?p=466722026-06-04T10:47:28Z2026-06-04T10:47:28ZEach repayment plan is unique
There is no set formula for determining how long a Chapter 13 repayment plan should last. The federal rules governing Chapter 13 bankruptcy allow for anywhere from three to five years of structured payments.
Filers negotiate the terms of repayment plans at a meeting overseen by the court-appointed trustee and attended by creditor representatives. How long payments last and how much a filer pays depends on their overall debt level, the nature of the debts and their current finances. There is often an expectation that people should allocate the majority of their disposable income to their Chapter 13 payment plans.
People preparing for Chapter 13 bankruptcy may need help evaluating their finances and preparing to propose a specific repayment plan. Partnering with a Chapter 13 bankruptcy attorney can make it easier for those concerned about adhering to a repayment plan to pursue terms that are sustainable.]]>On Behalf of The Lohmeyer Law Office<![CDATA[Bankruptcy often is not your own fault]]>https://www.lohmeyerlaw.com/?p=466712026-05-26T15:30:42Z2026-05-26T15:30:42ZSome people know they could benefit from filing for bankruptcy, but they are still hesitant to do so. One reason is that they blame themselves. They think they made financial mistakes that led to overwhelming debt, so they believe they need to find another solution outside of bankruptcy.
The important thing to remember is that, in many cases, people file for bankruptcy because of factors that are completely outside of their control. The fact that you are facing overwhelming debt may not be your fault at all. This becomes very clear when you look at some of the top reasons people seek bankruptcy protection.
Loss of income
A reduction in income or the complete loss of a job can certainly lead to a bankruptcy filing. A monthly budget that worked well when you had full-time employment can fall apart very quickly if that income suddenly disappears.But that does not mean you chose to lose your job or did something wrong. Layoffs can affect workers who performed very well in their positions simply because a company is downsizing or struggling financially.
High medical bills
Another major reason people file for bankruptcy is medical debt. Even routine medical treatment can be expensive, and serious medical emergencies can leave a person with hundreds of thousands of dollars in debt.Again, though, a medical emergency is not something that is within your control. You also do not control the cost of medical care in your area. When you or a loved one needs treatment, you may have no choice but to accept those costs, while prioritizing health and recovery.These are just a few examples showing how bankruptcy can happen to almost anyone. If you are facing significant debt, it is important to understand what legal options may be available to help you move forward.
]]>On Behalf of The Lohmeyer Law Office<![CDATA[Who pays debts when someone passes away?]]>https://www.lohmeyerlaw.com/?p=466702026-05-13T22:22:57Z2026-05-13T22:22:57Zestate executor handles this task is that they have access to the deceased person’s assets and financial accounts. After all, it is also their job to inventory the remaining assets and distribute them according to the estate plan. This gives them the legal ability to access those accounts on behalf of the other person, and creditors can then make a claim on the estate.
The executor is not personally responsible
One important thing to note is that this does not mean the executor takes on the debt or bears any personal responsibility to pay it off. Debt is not inherited by someone else who did not agree to it in advance.
Instead, to address the obligations, they use the deceased person’s own funds from their estate. Often, the executor is obligated to pay off debts and taxes before distributing assets.
For instance, if someone had $100,000 in assets and $20,000 in debt, and they instructed that their assets be left to a specific beneficiary, the debt may need to be paid first. The beneficiary would then inherit the remaining $80,000.
Navigating estate administration
Handling debts and other obligations is just one part of the estate administration process. It helps to know exactly what legal steps to take at this time.]]>On Behalf of The Lohmeyer Law Office<![CDATA[What types of debts aren’t dischargeable in bankruptcy?]]>https://www.lohmeyerlaw.com/?p=466692026-04-30T08:26:14Z2026-04-30T08:26:14Zbankruptcy discharge can eliminate qualifying debts, but that doesn’t mean that every financial obligation is erased. A discharge order prevents creditors from attempting to collect on the discharged debts, but there are some that can’t be discharged. Understanding the difference between what debts can be discharged and which ones can’t be discharged can help people who are filing for bankruptcy protection to better understand their rights, options and legal limitations.
Common debts that may remain after bankruptcy
Domestic support obligations are among the most common debts that aren’t discharged in bankruptcy. This includes child support and alimony. Certain tax debts, including recent income taxes, tax penalties and some trust fund taxes may not be able to be discharged.
Student loans usually can’t be discharged unless the filer can prove that there is an undue hardship present, but doing so requires a separate court process. Penalties, fines and restitution that are owed to government entities will usually survive the bankruptcy process.
There are also special circumstances that surround secured debts, such as mortgages and vehicle loans. It’s sometimes possible that the filer can enter into a repayment plan, but this must be handled carefully.
Ultimately, it’s critical for anyone who’s considering a bankruptcy to understand how the entire bankruptcy process will impact them. It can beneficial to discuss your specific circumstances with a skilled legal team accordingly, so that you can learn about the options you have and how each might impact the outcome of your situation.]]>On Behalf of The Lohmeyer Law Office<![CDATA[What does it take to get a personal representative removed?]]>https://www.lohmeyerlaw.com/?p=466682026-04-10T08:07:30Z2026-04-10T08:07:29ZMany people who are named as personal representative (often known as “executor”) of a loved one or close friend’s estate don’t anticipate just how complicated it can be. Even relatively small estates can present complications – particularly if the deceased’s estate planning was haphazard.
Many of these complications come from beneficiaries (sometimes the personal representative’s own relatives) who aren’t happy with how the probate process is moving along. They may be unhappy with the details of the will and other estate plan documents, but have no one to take it out on but the person who’s simply trying to administer the estate.The personal representative may find themself facing threats of removal from their position. That will add anxiety to an already stressful time.
What does Indiana law say?
What’s important to know is that under Indiana law, a personal representative can typically only be removed for egregious and/or illegal activity. An exception would be if they’re determined to be mentally or physically incapacitated or “unsuitable or incapable of discharging the representative's duties.” However, that doesn’t mean that anyone with a physical or mental disability can’t be a personal representative as long as they can handle the job.On the other hand, maybe someone chose their spouse to be their executor, but by the time they passed away, that spouse was simply too old and frail to handle the responsibilities. Indiana law states that a court may remove a personal representative if they have:
The law allows “any person interested in the estate” to file a petition for removal. The court may also choose to remove a personal representative from their position without a petition from anyone. It’s important to know that if a personal representative believes they have a right to remain in their position, they can go to court to “show cause why [they] should not be removed.”A good way to avoid this kind of drama – and potential criminal charges for inadvertently doing something illegal with the estate’s assets or failing to fulfill the obligations of the estate – is to get experienced legal guidance at the beginning to help ensure that the estate is administered correctly and efficiently.]]>On Behalf of The Lohmeyer Law Office<![CDATA[How should an executor communicate with beneficiaries?]]>https://www.lohmeyerlaw.com/?p=466672026-03-24T13:39:00Z2026-03-24T13:39:00ZAs an estate’s executor, one of your duties is communicating with beneficiaries. Acting in the best interest of the estate, as your fiduciary role requires, involves being transparent with beneficiaries. When you fail to communicate effectively, they can file a petition with the probate court to remove you from the position.
Here is how you can keep beneficiaries adequately informed:
Contact them early
Once you are approved and officially appointed by the court, contact the beneficiaries. Let them know you are the estate’s executor, they have been named as beneficiaries and that you have submitted the will to probate. Additionally, inform them of their right to request and receive a copy of the will.You can also use this initial contact to set realistic expectations about timelines and encourage them to express their expectations and concerns. Additionally, inform them about how you will be keeping them updated. For example, through monthly emails/calls or regular virtual/in-person meetings.
Provide regular updates
While you may not need to share every decision you make, it’s essential to provide regular updates about crucial details. For instance, update beneficiaries when an inventory of the estate's assets has been filed, and share it with them. Moreover, send updates when you sell a property and pay debts.
Respond on time
The estate’s beneficiaries will likely reach out to you regularly with questions. It’s important to provide an answer as soon as possible. Not responding because you don’t have the necessary documents can be viewed as avoiding communication. If you don’t have information about a matter yet, tell them so.
Keep records
Ensure you keep records of all conversations you have with beneficiaries. Documenting communications can show you acted in good faith if anyone challenges you in court.Effectively communicating with beneficiaries can help an executor have a smooth process. Learn more about other decisions to make to protect your role and yourself. ]]>On Behalf of The Lohmeyer Law Office<![CDATA[Are you feeling the burden of being a loved one’s executor?]]>https://www.lohmeyerlaw.com/?p=466662026-03-09T22:38:43Z2026-03-09T22:38:43ZPerhaps you felt up to the task when asked by your loved one to act as the executor for your parent, sibling or spouse. But when you actually take on the duties of the job, you may find yourself too mired in grief to complete the necessary tasks.
Accepting the role of executor is both an honor and a responsibility. It’s important to understand that you don't have to fulfill this obligation. Help is out there, and we are here to help.
What duties do executors face?
There are many jobs associated with the probate of an estate. Financial and legal duties can include the following:
Ongoing management of the decedent’s estate
Paying legitimate outstanding debts of the deceased
Paying taxes owed
Distributing the estate’s assets
Managing heirs’ and beneficiaries’ expectations
These are not the sole duties of an executor, but they can be some of the most stressful when executors are struggling to cope with their own grief from the loss of their loved one.
It’s understandable to be overwhelmed
There is no shame in reaching out for help with executor duties. Professional guidance at such a crucial time can help you effectively manage the executor’s tasks you willingly took on. This is especially true for those who are left bereft by the passing of their loved one.Probate can be a lengthy process, and there is no gain in delaying the process further. By learning more now about the duties you will need to undertake, you’ll have a better understanding of the help you will need.]]>On Behalf of The Lohmeyer Law Office<![CDATA[What happens during a Chapter 7 bankruptcy?]]>https://www.lohmeyerlaw.com/?p=466652026-02-27T18:16:14Z2026-02-27T18:16:14ZFiling for bankruptcy is a major decision in your life, but it is one that can come with great financial freedom. Consumers often file either a Chapter 7 or a Chapter 13 bankruptcy. While both of these can provide a fresh financial start, Chapter 7 is generally designed to help you get rid of unsecured debts in a shorter period of time.
Many people refer to Chapter 7 as the liquidation bankruptcy because the bankruptcy trustee can liquidate non-exempt assets to pay debts. In many cases, it isn’t worth the effort that would be required, so it’s critical that you work with someone who can help you to learn how your case might be affected by this aspect of filing.
What happens when you file a Chapter 7 bankruptcy?
Once you file the bankruptcy petition in federal court, an automatic stay is issued. This means that creditors can’t try to contact you to collect on the debts. The court will also appoint a bankruptcy trustee to review the case. That individual will look at financial disclosures and will schedule a 341 meeting, which is a meeting of creditors. During the 341 meeting, you will have to answer questions under oath about the information you provided in the bankruptcy filing. In some cases, creditors won’t attend this meeting. A typical Chapter 7 bankruptcy may only last a few months, depending on the circumstances. You will have to attend a debtor education course before the case can be discharged. Once all the requirements are met and the case is ready to be discharged, most unsecured debts will be taken care of. Some sets, such as student loans and child support, won’t go away just because you file bankruptcy. Understanding your rights and responsibilities during a bankruptcy case is critical. Working with someone who can assist throughout the process may help to take some of the stress out of the situation. ]]>On Behalf of The Lohmeyer Law Office<![CDATA[How do individuals qualify for Chapter 7 bankruptcy?]]>https://www.lohmeyerlaw.com/?p=466642026-02-13T13:23:25Z2026-02-13T13:23:25ZFilers must have below-average income
The main consideration when evaluating an individual's eligibility for Chapter 7 bankruptcy is how their household finances compare to same-size households across the state. People hoping to file for Chapter 7 bankruptcy must pass a means test.
They look at their income over the last six months to estimate their annual income. They can make certain adjustments to that figure for certain common household expenses. They then compare their adjusted household income to the current state median, as established by the Department of Justice.
The total income that a person or couple can have while still qualifying depends in part on the number of dependents within the family. Some people rush through the means testing process or jump to the conclusion that they cannot qualify for Chapter 7 bankruptcy.
Reviewing household finances with an experienced bankruptcy lawyer can help people determine if Chapter 7 proceedings might be an option for them. For those who qualify, Chapter 7 bankruptcy is one of the fastest and most effective solutions for overwhelming unsecured debts.]]>On Behalf of The Lohmeyer Law Office<![CDATA[How does Chapter 13 treat medical debt?]]>https://www.lohmeyerlaw.com/?p=466632026-01-29T15:51:35Z2026-01-29T15:51:35ZHealthcare debt is one of the most common reasons people explore Chapter 13 bankruptcy. Unlike consumer spending, these bills usually follow emergencies, chronic conditions or necessary treatment. They appear suddenly and grow quickly, leaving no time to modify household finances.
Chapter 13 applies a structured repayment framework based on what you can realistically afford. This legal process shows how bankruptcy law intersects with the broader healthcare-cost crisis by addressing medical debt as a financial timing issue rather than a personal failure.
Why medical debt functions differently under Chapter 13
Under Chapter 13, most medical debt is treated as unsecured debt. It is grouped with credit cards and similar balances. You repay what your budget allows over three to five years. The rest may not follow you when the plan ends. What makes this crucial is not just the math but the pause. With Chapter 13, collection calls stop, and lawsuits pause. This breathing room changes how you interact with the healthcare system.This also reveals something larger about the healthcare-cost crisis. Hospitals and providers price care assuming many people will fall behind. Chapter 13 sets limits based on real income, not sticker prices. That way, you still take responsibility and pay what you can afford.
Looking ahead with informed support
Chapter 13 is a system with rules, deadlines and long-term effects. Being aware of how it treats medical debt can help you see if it fits your situation.Because the details matter, many people choose to talk with someone trained in this area of the law to grasp the ins and outs of how the process would work in real life. When healthcare costs shape your financial story, it’s vital to have informed legal guidance. This can help you read the fine print before the next chapter begins.]]>