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Q: Can you sell a vehicle that was included in a Chapter 13 bankruptcy case and is not yet paid off?
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If planning to file chapter 7 bankruptcy California when is the time to voluntarily give back vehicle?

Ask the attorney that is filing your Chapter 7 case.


How do you get a title from the bank if your you have been discharged from a chapter 11 but you can't get the title from the bank?

Real property such as a vehicle or house is not dischargeable in bankruptcy. The debt must be reaffirmed, paid or satisfied or the property forfeited to the lender. That being the case, the person would not be entitled to a clear vehicle or land title from the lender simply because the debt was included in bankruptcy.


Will you lose your vehicle or house by converting from chapter 13 to chapter 7 bankruptcy?

Probably there are much more chance that you will be loosing your house and vehicle by converting from chapter 13 to chapter 7 bankruptcy. There is a $25 conversion fee that has to be paid to the court. Depending upon the status of your chapter 13 case.


Is there a time limit to reopen a chapter 7 bankruptcy?

No, there is currently no time limit to reopen a chapter 7 bankruptcy filing. However, it will be up to the bankruptcy court if the case is reopened.


What is the process on how to declare bankruptcy?

First consult a lawyer for which bankruptcy chapter you qualify for and let him/her assist you with the bankruptcy procedures as bankruptcy procedures are not the same in every case. Chapter 7 and Chapter 13 bankruptcies are the most common. For more information, visit these websites: http://howtodeclarebankruptcy.net/ and filepersonalbankruptcy.org/how-to-declare-bankruptcy/.


When you file chapter 7 bankruptcy and the case was dimissed will this show up on my credit report?

Yes. It will show that you filed bankruptcy and that the bankruptcy was dismissed.


What happens when a creditor doesn't file a proof of claim in a bankruptcy case?

If it is not a secured debt it will be included in the bankruptcy discharge.


What is active bankruptcy?

Active bankruptcy means an individual or business has filed paperwork for bankruptcy and the case is ongoing. This takes quite some time in many cases and the case can be active for awhile.


Your Wife an you jointly filed chapter 13 bankruptcy if you separate will the case be dismissed?

No


How can you find out the status of a chapter 7 bankruptcy?

Contact the trustee who is in charge of the case.


Could you change your chapter 7 to chapter 13 after being discharged?

Sometimes Chapter 13 debtors need or want to convert their bankruptcy case from a Chapter 13 to a Chapter 7 bankruptcy. And sometimes the bankruptcy court will force you to convert from Chapter 13 to Chapter 7 - this is often called a "forced conversion." The reasons for conversions vary. For the most part, if you are instigating the conversion, you have a right to convert your case. But that doesn't always mean you'll qualify for Chapter 7 relief.


Will you get your tax refund if you file for bankruptcy?

Whether you are entitled to your tax refund will depend on what type of Chapter of bankruptcy you are filing and whether the bankruptcy exemptions can be used to protect the tax refund. If you are filing for Chapter 7 bankruptcy then you can generally keep the refund if the available state bankruptcy exemptions provide protection for it. If you are in a Chapter 13 bankruptcy you are typically required to turn over the tax refunds during the life of the Chapter 13 case.