What would you like to do?
Answer Yes. Most secured property such as a home and/or vehicle can be kept if the lender agrees reaffirmation of the property. The homestead exemption is a…lso a deciding factor in what happens to a house in a total liquidation BK.
In the state of Florida if a person has signed a promissory note for a loan from their 401k pension plan when you file chapter 7 bankruptcy is that loan payment considered to be a secured debt?
First, it's under Federal law. Yes, I would call it secured. Now, you need to get some advice...you are in a terrible situation....your 401k would have been exempt f…rom seizure in BK to any amount...however, the loan money from it is not. You may well end up losing the money you took out, and having to pay back the loan, but more importantly, if you can't, or if you lose your job and the loan then becomes due (common under 401ks that allow loans), and you can't pay it back....even if they use the account to pay the loan - it will all become taxable income, and you will have to pay the early withdrawal penalty...which can come to about 50% of the amount. So your setting your self up for another financial (and tax) major problem.....get some advice now.
You can: 1) Hire a lawyer 2) File without any assistance by finding the right forms and regulations for your state and district you live in...or 3) Hire a bankruptcy petition …preparer to simply prepare your petition for you! Bankruptcy, in fact any legal process, any expert process..is not something one should do for themselves...even experts and well experienced or skilled people don't...and as you can ask a question like this...it just goes to show your likely entirely incompetent to do so even if there was an answer for "how" (that obviously doesn't involve virtually all the 10,000s of pages of legal writings and court operations that may or may not be needed, and change, for each case! There are going to be many, many, many more complicated questions to be answered, actions that must be done to get the best result, specific requirements. documents, etc....to answer fully and accurately...all much more difficult than figuring out a logical place to start a "how to...do a legal thing"...is the legal courthouse...in this case one of those in the entire court system that deals only with this type of case...The US Federal Bankruptcy Court for your District. Addressing the underlying part of your question - it is realistic to think everyone filing BK is in a dire financial position already without easy ways to pay for things, especially attorneys. That said, many lawyers keep their fees very reasonable for this, and there are provisions to assure administrative costs involved, like attorneys, are able to be paid as part of the process. Before you go any further, you should consult at least 2 attornies who practice in this field to get more info. These initial consults are almost always available for free. You can always file and administer it yourself, with only modest filing & court fee's, that are even sometimes able to be waived if you can meet certain qualifications, and again, file everything properly, etc. However, any court process is complex and can have any number of special issues and possible results. To someone who is unfamilar with it, and especially someone who may not be very financially conversant and able to easily understand the things being asked and where/how to get required documentation, etc. To expect to get the best result or even hoped for one, (in fact as seen from many of the Qs and beliefs expressed in Qs here, to not make matters even worse...even criminally so, or find that something was missed that becomes a problem years later), is simply unrealistic. I am not one, and may not particularly like them, but something as important as this to your future (not some purchase just because you want it), is exactly why and when an attorney (or expertise) is needed. As you look to get a fresh start and handle financial things differently, the purchase of expertise to accomplish it is not the time or place to DIY. == The Steps For Filing A Chapter 7 Bankruptcy: 1) You meet with an attorney (or can self file, which probably isn't recommended, especially if your starting with having to ask here. However, perhaps any of the "do it yourself" legal kits would be a viable alternative if you really want to go it alone.) 2) You submit a list of creditors, with addresses, types of debt and amounts owed. You'll also answer questions and provide information about your income and assets. 3) If after review you decide to go ahead and file, and determine which Chapter is best, prepare and sign all of the paperwork. 4) The attorney's office, or you, files the case. (Legal cases and procedures are exacting and frequently require lots of specific info., especially for someone not experineced in it). 5) You will attend a First Meeting of Creditors (341 meeting) where you will be asked questions about your case. 6) You will start to receive correspondence about the progress and may need to respond or instructions in case you have to reappear. Sometimes if you are reaffirming on a debt (for instance, keeping your car in a Chapter 7 and continuing to pay on it) you will be required to attend a Reaffirmation hearing. 7) If all is well, the debt will be discharged and the case will be closed. Many attorneys will give you a free consultation, but it is advisable to call and ask them instead of assuming that you won't be charged for the first meeting. The most important thing to keep in mind if you do file bankruptcy is that it is vital to keep your credit clean and your bills paid on time once the case has been closed and the debts discharged. I'd suggest that you consult with a local attorney for all the facts, because only an attorney can advise you on all of the details of the bankruptcy process and whether it is a viable option for you. You get the forms and instructions and read them carefully and understand everything. All the forms are available free from the bankruptcy court website for your jurisdiction. Some states have only one bankruptcy court for the state, some have two or three. Google your state and US Bankruptcy court. Read the rules, which you will also find on the website. Complete the forms. Most people do not understand exemptions and do not claim them, or do not claim them properly. The second biggest mistake self-filers make is to not complete the Statement of Intention, which only matters if you have a motor vehicle loan or a mortgage or home equity loan. The third mistake is not listing all - ALL - creditors and preparing a creditor mailing list in proper form. Forms and instructions are also available at several websites, usually belonging to lawyers but may not be free.
Many possibilities...C-11 themseleves have many outcomes. Basically your funds are safe. The funds generally are with a separate administrator (bank/financial institution), an…d then invested per your instructions. If you have funds invested in your Cos stock or such....that will likely become worthless like investing in any failing Co. The plan itself, at least the employer matching part, will probably be stopped - as the Co looks to save costs. If the Co does fail, you will be able to convert the vested portion of your unds into an IRA, probably with the same institution... and it will seem the same to you.
The U.S. Bankruptcy Code allows debtors to file for bankruptcy multiple times, but has changed the number of years you must wait between filings. Previously, a debtor could fi…le under either Chapter 7 or 13 after a six-year waiting period. In 2005, this changed to coincide with the new rules for bankruptcy filings under Chapter 13. Chapter 13 After Chapter 7 Section 1328(f) of the U.S. Bankruptcy code restricts debtors who previously filed for bankruptcy under Chapter 7 from filing under Chapter 13 for four years from the date of the Order for Relief. Chapter 13 After Chapter 13 Under the same section, debtors who previously filed under Chapter 13 can again file under Chapter 13 after a mere two years from the date of the Order for Relief, although you may be required to finish payments under your reorganization plan before the judge will accept your filing. After a Dismissed Bankruptcy Filing If you filed for bankruptcy, but the judge rejected or dismissed your filing, or you voluntarily or involuntarily withdrew from the proceedings, you may file under either chapter 180 days after the dismissal/withdrawal date. Rules for Filing Bankruptcy Multiple Times While the U.S. Bankruptcy Code does not restrict the number of times a debtor may file bankruptcy, bankruptcy judges can--and do. Many judges routinely reject additional bankruptcy filings when they feel a debtor is abusing the protection or failing to honor his financial obligations to his creditors. Conversions If you wish to file bankruptcy under Chapter 13 because the provisions seem more appealing, you should consider converting your open Chapter 7 bankruptcy to a Chapter 13, instead.
Depends entirely on the situation...some C-11 are entered with a plan already basically agreed to and it is filed very quickly. Most take time to develop and get creditors to …generally agree and for the court to review as fair. It is not uncommon for that to take a year.
Those in retirement accounts are protected from use, but oterwise a stock, like any item of value (that you invested your cash in it doesn't change wha it is), can and would b…e used to pay your creditors...just like any other savings.
Can't be answered here. WAY too many variables to consider and ALL companies have their pension systems structure differently. You should be in contact with the company'…s pension plan office or Human Relations/Personnel Department. You might want to consider contacting other pensioners and contacting an attorney to protect your interests.
The answer to this depends on what state you are in but typically pensions and ERISA benefits are on the list of exemptions from bankruptcy.
Any person of legal age or legal entity (corporation, partnership, LLC, etc.) can file for c. 7. Whether there is any need or point in filing depends on other facts.
Items obtained through fraud, child support, court ordered restituion and federal/state taxes (off the top of my head). ALL debts must be listed because you are swearing that …you have listed all debts. If there are assets in the case, some of your debts will be paid, therefore, the Courts need to know of ALL of your debts, so you list EVERYTHING. However, some debts are non-dischargable such as: Items obtained through fraud; Domestic Support Obligations; Taxes that are less than 3 years old; Student Loans; Debts incurred in the process of a crime (such as a DUI accident). It should also be noted that there is a 90 day presumptive period. Any debt incurred within 90 days prior to filing a Bankruptcy is presumptively fraudelent. Any debt incurred with the intention of filing Bankruptcy or without intention of repayment is presumed fraudulent.
Chapter 7 is called Liquidation Under the Bankruptcy Code and is the chapter of the Bankruptcy Code providing for "liquidation,", the sale of a debtor's nonexempt property and… the distribution of the proceeds to creditors.
Bankruptcy is Federal jurisdiction, therefore, the state has nothing to do with it. Usually, when you file bankruptcy, you cannot file for another 7 years, Period. No matter w…hich state you live in.
There are both advantages and disadvantages to filing forbankruptcy. Chapter 7 is often known as debt liquidation bankruptcyand is a good options for many individuals are coup…les that are indire financial straits. As soon as a debtor files for bankruptcy,there is an automatic stay and most creditors must stop theircollection efforts. Thus, the debtor can begin rebuilding hiscredit; financially-speaking, the debtor can start over. It is true that filing for bankruptcy ruins a debtor's credit froma number of years and may cause embarrassment. However, incurringmore debt and facing the harassing phone calls, letters andpotential lawsuits from creditors can have the same effect. Filingfor bankruptcy will allow many debtors to get started sooner onrebuilding their credit in peace.
What happens when your house catches fire and you were planning on filing for chapter 13 Bankruptcy?
Assuming the fire was not set, you should have had insurance. If you had insurance that pays off the mortgage after a fire completely destroys the house, you are OK. If the in…surance only pays the fair market value of the house, you will owe a balance. If the house was not completely destroyed, the insurance may pay enough to fix the burned portions. The effect on filing a Chapter 13 depends on possible complicated bankruptcy legal issues, some of which may depend on your state laws regarding homestead. Consult your attorney.
not at the same time, and you'll have to wait a certain period of time after being dismissed/discharged from one before filing the other.
You have to file all the required documents. In those documents, you have to disclose all your assets and their values and all your debts, as well as your income and expenses.… You have to file the means test. You have to file the certificate of debt counseling from a debt counseling entity approved by the U. S. Trustee. You have to file a Statement of Intention regarding any asset that is subject to a purchase-money or security agreement. If you are thinking you can just file bankruptcy for one debt, that is illegal unless it is the only debt you have.