Can a joint Chapter 7 be filed by a divorced couple if most of their debts are still joint?
Probably not, since the divorce has been finalized. Although some states have bankruptcy laws that do include joint debts in this type of situation. W/O knowing the state of residency more specific information is not possible. You could consult the state bankruptcy laws for information that might pertain to this issue.
I am not aware of any State that lets a person file bankruptcy with an ex-spouse since it is the Bankruptcy Code that determines who may file bankruptcy, not the individual States. The Bankruptcy Code states in 11 U.S.C. § 302(a) "Joint Cases" that "A joint case under a chapter of this title is commenced by the filing with the bankruptcy court of a single petition under such chapter by an individual that may be a debtor under such chapter and such individual's spouse... ." Therefore, people who are not spouses (i.e. divorced) cannot file a joint bankruptcy in any State regardless of the joint nature of the debts. Persons who are in the middle of divorce (so that the divorce is not final) may file bankruptcy together so long as the bankruptcy filing date occurs prior to the divorce being final. If the divorce becomes final during the pendency of the case, this is okay so long as the bankruptcy was filed before the divorce was final. 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.
Are all debts automatically discharge in chapter 7 bankruptcy for a bankruptcy that occurred in 1988?
At what point in a Chapter 7 bankruptcy is it considered final with no new debts eligible for discharge?
When you file for Chapter 7 bankruptcy, you are responsible for listing all of your debts. Some debts are generally not dischargable (i.e. child support, most taxes, student loans, secured debts, etc.). When you receive a discharge for dischargeable debts, the discharge generally applies to debts listed in your bankruptcy filing and any subsequent amendments. The discharge does not apply to date incurred after you filed bankruptcy and generally does not apply to debts that…
While there does not seem to be any limit to the number of loans or debts you can claim on a Chapter 7 Bankruptcy, there are restrictions as to the nature of your claims. Debts that will not be discharged include debts from alimony or child support, debts from accidents involving intoxication, educational benefit overpayment or loans made or guaranteed by any government department, debts for taxes, and certain debts for injuries caused by the…
In missouir -If a couple are separated for over ten years not living under the same roof - are they ever considered legally divorced?
There is no set credit score that everyone is assigned after filing bankruptcy. How much your credit score drops depends on a lot of factors, including how many debts you discharged, what your score was before you filed, how many secured debts you reaffirmed, and what type of debts were discharged. Hope this helps!
One month after your chapter 7 debts were dismissed you won some money would you have to contact the trustee?
Technically, a "dismissed" Chapter 7 case does NOT discharge your debts; but you say "debts were dismissed", so I assume it's a true discharge (like most bankruptcies). If you mean "won" as in winning a sweepstakes or lottery, the trustee can't touch it since you weren't legally entitled to it when you filed. However, if you won a lawsuit over something that occurred before you filed, it should have been included in your estate; unless…
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Some of the common types of debts…
What is your liability to harassing creditors if after six years your Chapter 13 bankruptcy was dismissed by the trustee?
If you have filed for bankruptcy as an individual, rather than as a couple, then you are only filing on your personal debts. Following this logic, only those funds that are yours (so your share of the bank account, if that is possible) will be "up for grabs." Your bankruptcy status should not have an effect on your partner.
The major difference is Chapter 7 asks the Court to relieve all your debts and you are no longer responsible for any debts filed in that case. The major hiccup, if you will, is if you have any debts that have a lien, or a secured debt, against them, more than likely, will be forfeited. Chapter 13 bankruptcy is set up so you can repay your debts in a monthly payment structure without adding interest…
A document filed to disclose which secured debts the debtor intends to reaffirm. The debtor typically reaffirms debts secured by collateral he wants to keep. When a debtor reaffirms a debt, it is excepted from the discharge. The debtor can be sued on the debt if he fails to pay it, even after the discharge is entered.
Billy Ray Cyrus has been married two times. From 1986 to 1991, he was married to Cindy Smith. They then divorced. From 1993 to present, he has been married to Tish Cyrus. Billy filed for divorce in 2010, but the couple worked things out. Tish then filed for divorce in 2013 so it is unknown where the couple is headed now.
You can move to dismiss the case. It is rare that this would be a good idea. You can convert to a Chapter 7 or ask to have plan modified to the amount paid if your financial circumstances have deteriorated to the point you cannot complete the plan. Your debts will not be discharged if you have your case dismissed. Consult a bankruptcy lawyer.
Discharging debts depends upon the petition of bankruptcy and the chapter under which the bankruptcy has been filed. For the debt to be discharged it needs to fully settled after which you may be able to free from the burden. The bankruptcy attorney will guide you about the debts and after analyzing the situation will choose the chapter of bankruptcy under the United States Section. Debts discharge will only takes place if you file in…
Can the bankruptcy court take your tax refund for 2004 if bankruptcy was filed in Dec 2004 if this was not discussed at the Creditors Meeting?
I think it depends on when your debts are discharged. If they were already discharged, it was a Chapter 7 bankruptcy, and it wasn't discussed at the creditors meeting, then the refund is yours. Besides, imagine if you filed on April 15th. You might not get your refund until later June or almost July, and that's months from when your debts were discharged. I'm pretty sure it's yours.
Who is responsible for paying the unpaid balance on your grandmother's credit cards after her death?
The decedent's will (if any) assets and debts are filed in probate court pursuant to state laws. Nonexempt assets are used to pay outstanding debts. Surviving family members are not responsible for the decedents debts unless they were a joint account holder. An exception would be if there is a surviving spouse and the couple resided in a community property state.