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If you file for chapter 7 bankruptcy and it is drawn out over the course of 2 years and you incur additional debts before the discharge can you add them to your pending bankruptcy?
Wiki User
∙ 16y ago
I'm not positive but I believe any debts incurred after the FILING date can't be added to your current petition. If you have debts that were incurred prior to the filing date and you failed to include them when you filed, then yes, those debts may be added even after a year or so. There is a deadline for adding debts to your petition so check your local laws to find out how long you have. If you incurred this debt after you filed BK, they will not add it and they may also deny your BK case if you do it because are going to say that you're trying to scam(file BK, get more credit, use it up, and try to get rid of the bill. They're gonna say that you are getting credit without intent on paying it back.
Wiki User
∙ 16y ago
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Will you not pass a credit check for employment with a pending bankruptcy discharge?
Speaking from experience, if the discharge of bankruptcy is pending, a credit check may not pass, however, having discharged voluntarily from bankruptcy may have the same result depending on the policy of the employer or financial institution.
In chapter 13 bankruptcy what does pending mean in case status?
In Chapter 13 bankruptcy a pending status means the case is still open for evaluation and no decision has been made. The pending status may last for awhile depending on how involved the case is until it is final.
Can I file a chapter 13 immediately after being discharged from a chapet 7?
You can only have one bankruptcy pending at a time, so if you mean after your c. 7 is closed, yes, if you mean after you get your discharge but before your case is closed, no.
What does pending bankruptcy mean when trying to collect on a debt?
Bankruptcy Means Test and Household Size With a Pending Divorce .
What is meant by the term closing of the bankruptcy?
It just basically means the case is over. There are no more pending proceedings. The discharge has been entered or the case is otherwise dismissed or complete.
Is a workmen's compensation settlement exempt in Chapter 7 bankruptcy in the state of PA?
How much, if any, needs to be claimed in the State of PA when filing for Chapter 7 if you have a pending WC claim in another state.
Can you file a chapter 7 after a chapter 13?
Believe it or not, the ploy is called a Chapter 20! A so-called "Chapter 20" bankruptcy is the process filing of a "Chapter 7" bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments. The 2005 Bankruptcy Reform Act attempts to limit "Chapter 20" bankruptcies by imposing limits on the filing of successive bankruptcies. Under current bankrupcy law a Chapter 13 bankruptcy may be filed only once every two years, and three years must pass after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Some debtors attempt to circumvent this restriction by filing for Chapter 13 protection while the Chapter 7 petition is still pending. That option is not available in all courts. In a "Chapter 20" bankruptcy, debtors should be aware that missing even one mortgage payment after filing the initial "Chapter 7" petition may cost them their ability to save their home in a subsequent "Chapter 13" filing.
Chapter 13 bankruptcy repayment complete still need court approval to close on the house I am purchasing?
The question is, has the Chapter 13 plan been completed. Merely making the last payment due on the plan does not mean the C. 13 is over. You must have received your discharge from the court, and preferably have had your case closed. Otherwise, you may have to have the court's permission. I would be surprised if you were able to purchase a house and get financing if the c. 13 was still pending, unless you failed to disclose the bankruptcy filing, which could have even more serious consequences for you.
If you filed chapter 7 bankruptcy in 2004 can you file again?
Six years from the time your previous filing was discharged. However, BK courts are taking a closer look at those who have filed multiple times. A 13 can be filed (or amended) at anytime. Not to split hairs, but you can actually file a Chapter 7 anytime after 6 years from the date on which the prior case was FILED (not discharged). See 11 U.S.C. 727(a)(8) which says the debtor can receive his or her Chapter 7 discharge unless "the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition." So, the Bankruptcy Code says you can re-file 6 years after the prior case was commenced (filed), not 6 years after discharge. Nikki also makes a good point that Courts are scrutinizing multiple filings (so that while the Bankruptcy Code doesn't list how many times a person can file, the Courts will not allow serial filings if they think the debtor is abusing the system). As Nikki also pointed out, you can file a Chapter 13 pretty much anytime so long as no other case is pending and so long as, again, the Court doesn't think you're abusing the system. If the new bankruptcy reform law is passed, Congress is considering changing the 6-year waiting period to 8 years. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Does pending bankruptcy have the same effect as bankruptcy?
No. Some things may go into effect, but things are not totally ironed out with creditors.
What happens to charged off debt in chapter 7 bankruptcy if you refinance mortgage?
This confuses two different concepts. A "charge off" is an accounting and tax term that means the creditor does not believe a debt is going to be repaid. It gives the lender a tax deduction. A discharge in bankruptcy is a permanent injunction against a creditor taking any action to collect a debt, including debt collection agencies or successors/purchasers of a discharged debt. Assuming the refi of the mortgage happens after discharge, nothing happens. If the refi happens while a c 7 or 13 is still pending, and lowers the mortgage payment, and has been approved by the bankruptcy court, it could affect how much you have to pay to the trustee.
If you file a chapter 7 bankruptcy and disclose a pending lawsuit on your chapter 7. If the debt has been discharged can the trustee come back after the money 2 years later?
We are assuming you mean that YOU had a pending lawsuit against someone? if so, then the answer is likely yes. Disclosing it the suit is correct. If it is a viable suit then the bankruptcy trustee steps in your shoes and sues on your behalf and any money recovered goes to the benefit of your estate (your creditors) What likely happened is that the trustee identified the suit as an asset. If so, an asset bankruptcy case will not close (even though you got your discharge) until that asset has been administered. Standard disclaimer here. If you had an attorney, call her. This is a tricky area and you need to be aware of your rights and the rules. If the trustee did not think it was a valuable asset and abandoned that asset, then you may be able to keep the money. This is a big if. Contact your attorney. And follow and requests that the trustee has provided you.
