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You need to ask this of your B/K attorney for state specific advice.

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โˆ™ 2015-07-14 16:09:43
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Q: Are there any legal issues if your bankruptcy that included your leased auto has been discharged and you fell behind on on auto payments?
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What bankruptcy can you file to keep your home if you are behind in payments?

If you are behind in your payments and you declare bankruptcy usually you can remain in your home and continue payments. However the lender will most likely begin foreclosure since you can't afford it and you are at higher risk.


If you are behind on your house payments and file chapter 7 bankruptcy can they take your house?

no


If you have reaffirmed your house in bankruptcy but then got behind again after being discharged what happens?

The borrower should contact the lender as soon as possible and try to find an equitable arrangement to catch up on missed payments. If the lender is not agreeable to such, foreclosure proceedings will likely be implemented.


Can you file bankruptcy to discharge child support payments?

No. Section 523(a)(5) of the Bankruptcy Code prohibits debtors from receiving a discharge of spousal and child support obligations. If yuou are behind on payments, you can spread out the payments over time in a Chapter 13 bankruptcy. No, you cannot even touch child support, afraid you have to pay, pay, pay and pay.


When do you file bankruptcy letter of intent?

You should file a bankruptcy letter of intent as soon as possible so that your creditors will be on notice. This will stop the harassing calls and foreclosure proceedings if you are behind in your mortgage payments.


If your chapter 13 has been discharged how do you refinance your mortgage which fell behind in payments and your home equity which is current in payments?

I am a Loan officer in California-the laws are different in every state & every lender...Typically speaking though, it depends on how long ago you BK was discharged. It also depends on how far behind are you on the house payments. Some lenders will refinance one day after the BK being discharged, while other lenders are 7 years! As far as late payments...they will affect your intrest rate. If you have one 30 day late, or one 60 day late but are now current in your payments...you should be able to refi assuming you have equity in the property. I would be more than willing to look at you situation for you if you like. email me at kinjalvs at yahoo .com Sara


Can a car be repossessed if a primary buyer files bankruptcy and the co-buyer has possession of the car but falls behind on payments and the court rules that the vehicle belongs to the lendor?

yes


Can i claim bankruptcy on my car loan if I'm not behind on payments?

Bankruptcy is not claimed on individual loans, a bankruptcy involves all your debt. The fact that you are current on your car loan may make it easier for you to negotiate with the lender for the continued ability to pay for your car but it doesn't mean that you get to have it for free. The same is true of a home loan.


Can your mortgage company harass you?

It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.


Can you file bankruptcy when you are not behind in bills?

Why would anyone possibly want to do so? BK is a very, very bad thing. You do not pick an chose what is included...and everything...verything you own and owe, is involved. You don't just discharge debt...your assets are used to pay off debt, and if your insolvent (more debt than assets), some excess may be discharged.


What can be done if bankruptcy was not taken from your paycheck and now you are behind on payments?

The involved party should contact the bankruptcy trustee as soon as possible and explain the error. A trustee will generally give the person(s) thirty days in which to catch up on arrears before filing for dismissal.


Could you lose your home if you are behind on payments and your car rolls down hill into it?

Of course YOU WILL LOOSE YOUR HOUSE IF YOUR BEHIND ON PAYMENTS.


If you are not behind on payments Can you still file for bankruptcy?

Sure.But understand, that regardless of those maybe saying otherwise, who generally have an interest in your doing so, bankruptcy does not automatically make your life better...or simply eliminate all your debts....it is an action to be taken when there is no alternative because the situation is hopeless.


Can you keep your house if declairing bankruptcy?

It depends on what type of bankruptcy your are filing, if the home is your primary residence and not an investment property, how much you owe, and if you are behind on your payments. It also depends on the state you are filing in.Usually, your house, if it is a primary residence, many states will allow you to keep your house as an exemption.


If you are behind on your car payments should you file bankruptcy before the vehicle is repossessed?

Before doing that, you should go to your bank and explain your situation. They might be able to take over the loan at a lower interest rate. That way your payments may become smaller. If that doesn't work, maybe call whoever has your laon and explain your situation, see if there's anything they can do. * No. Bankruptcy should be the last resort for a debtor. Be that as it may, bankruptcy will not keep a vehicle from being repossessed or the borrower for being responsible for the loan. Secured property such as a vehicle are not dischargeable in bankruptcy.


Can you keep your house after a bankruptcy?

Not unless your bankruptcy did the right things to allow you to keep it. If you are not in arrears in your mortgage payments before filing, you have to continue making the payments - preferably before the due date. If you are in arrears, you must file a chapter 13, with a plan to pay the arrears and whatever part of the unsecured debt you have to pay. Once the plan is completed, you can keep your house. If you get behind in your post-petition payments due, the bank will apply for relief from the automatic stay and you will lose your house.


Do you have to be behind on payments to your creditors to file bankruptcy?

No. You can file any time. You actually don't even have to have any debt to file. Anyone can file anytime as long as you meet the minimum reqirements for each chapter.


How many payments do you have to be behind to get your car repoed in GA?

no more than 2 payments


Your bankruptcy was dismissed can they take your car?

If you are behind payments on the car, yes - the company with the loan can repo the car. The same law applies if you had or had not filed bankruptcy. The only thing a bankruptcy can do is 1) protect assets DURING the bankruptcy (Automatic Stay) and 2) allow you to reconfigure the terms of secured loans. (like your car) Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.


What if your chapter 13 case is dismissed because you are behind on payments?

If the Court dismissed your Chapter 13 for failure to make the plan payments, it is as if you never filed for bankruptcy. However, there is one important exception. If you refile for bankruptcy within one year of the dismissal, the automatic stay will expire within 30 days unless you file a motion to extend the stay and prove to the satisfaction of the Court that the current filing is in good faith.


What was the reason behind bankruptcy of spring warm foundation?

indebtedness..


What happens if you are in a Chapter 7 and am 1 payment behind on my mortgage I am in New Jersey?

I am not sure about in New Jersey But in Florida if you can prove ability to pay the MTG they will allow you to keep home if you can bring it current, in my bankruptcy, at the time of consult i was current but fell behind before i went ot court so i included the house in the bankruptcy and was able to buy a new home in 2 years


How does a bankruptcy affect first and second mortgages?

This is a complex question. In general a bankruptcy will only effect the mortgages if you try to change them some way in the bankruptcy proceeding. This all depends on the chapter you filed, if you are behind on payments, how much the mortgage company wants to work with you, your income / expenses, etc. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.


Do you have to be working to file for bankruptcy?

There are three types of bankruptcy namely Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, and Chapter 11 Business Bankruptcy. Chapter 7 bankruptcy will discharge most types of debts for the average citizen. It will stay on record for ten years, but the major benefit is the stay it provides which prevents creditors from hassling you. On the other hand Chapter 11 bankruptcy is used by businesses, not citizens, to reorganize debts while Chapter 13 bankruptcy is wage earner's bankruptcy, which allows you to repay your debt through a plan. Among these three, Chapter 13 bankruptcy is considered as the best option for people with a steady income, who happen to have fallen behind in loan payments. idk and i dont give rats a**. hahahaha


Why is it important to make payments on time?

If you fall behind on payments you may often receive late charges.