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You want to file chapter 13 on your house but what happens to my house?
Wiki User
∙ 15y ago
Lets start with - a thing doesn't file BK...a this or a that...YOU file bankruptcy. It involves EVERYTHING you owe and everything you own. It is not limited to some aspect - like medical debts or credit cards or the secured property debts of your life.
Some certain things may be exempt (or treated specially) from being used to pay a debt, and some debts may not be able to be cleared (like child support, student loans). A secured debt, that is one that has a right to a certain asset, has first call on the funds from the sale of that asset....and if that isn't enough, any additional amounts can be claimed as unsecured debts owed, and provided by other assets.
But the important thing to start is you do not pick and choose what you want to include...because just like your question...you would include the loan (and every debt)...but not the property, or assets!
Under C 13 BK, if you qualify, you will pay back the debts under a payment plan and keep the assets, while protected by the court from seizure actions.
Wiki User
∙ 15y ago
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Can you file chapter 13 but not want to keep home?
Sure...you can not want to keep the house without filing BK too
Can you file chapter 13 bankruptcy in June 2010 after filing chapter 7 bankruptcy in June 2006?
You can file Chapter 13, but you would need to pay all creditors in full because you are not eligible to receive a discharge. If you want file Chapter 13 and receive a discharge, you must wait to file until 6 years have passed since your Chapter 7 case. You would to wait 7 years if you want to file another Chapter 7 case.
You have huge debt medium income do not want chapter 13 will divorce let us file chapter 7?
Divorce will not affect filing chapter 7. If the divorce is final, you will have to file separate chapter 7s. If the divorce is not final, or has not happened, you can file a joint chapter 7.
Can your husband file bankruptcy if you filed chapter 7 two years before you were married?
Yes. Married people can file individually. The marriage actually has nothing to do with it though. If you filed, no matter what, you can't file chapter 7 again for 8 years, provided you received a discharge. He can file anytime he wants. If you have any joint debt, you may want to consider Chapter 13. Take a look at it. You can file a chapter 13, just not a chapter 7.
Do you do file taxes if you filed a chapter 7?
Yes. And the court will likely want to see your return.
What should you do if you want to file bankrupty but your name is on your parents' property and you don't want to lose the property?
File a Chapter 13 Bankruptcy It allows you to keep the property and make payments you can afford.
What exactly can be done if spouse does not want to file chapter 7 with other spouse?
File it by yourself. Spouse does not need to file. Any joint debts will become her sole responsibility.
If I file Bankruptcy-7, will I be able to keep my 401k/ my home/ and my cay?
Chapter 7 is a liquidation bankruptcy, you are giving up your assets. If you want to keep your home and car you would need to file a Chapter 11 Bankruptcy.
If you had bankruptcy in 2004 can you file for bankruptcy again?
Some strict limitations have been set by the new bankruptcy law. Debtors will not be able to file Chapter 7 bankruptcy if they've been through a Chapter 7 within eight years of the new filing. If they want to file for Chapter 13, they will not receive a discharge within two years of a previous Chapter 13 discharge and within four years if they were discharged from a Chapter 7, 11 or 12 bankruptcy.
What happens to the direct deposit of my payroll if my house is foreclosed?
Nothing happens. You still get the money in your account. They just want the house, not your money.
Necessary to file a claim in chapter 7 bankruptcy?
If you want to have any chance of being paid any portion of what your owed.
When can you file a chapter 7 bankruptcy again if you filed a chapter 7 in 2003?
For another Chapter 7... 6 years from the date of filing. The date of discharge does not matter. If you want to file a Chapter 13, you can do that immediately after the 7 discharge.
