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Can creditors continue to accumulate fees and interest after bankruptcy?
Wiki User
∙ 13y ago
Not if they were discharged. they can say you owe whatever they want but they can't collect.
Wiki User
∙ 13y ago
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What is the top priority when distributing assets from someone declaring bankruptcy?
Secured creditors to the extent of their security on specific property (e.g., mortgage interest on real property)
What Are Chapter 13 Bankruptcy Exemptions?
Although most debtors keep all their property after filing a Chapter 13 bankruptcy, debtors must file exemptions when applying for this type of bankruptcy just like they do when they file for Chapter 7 bankruptcy. Filing exemptions in a Chapter 13 bankruptcy is for the benefit of creditors rather than the debtor himself. The exemptions inform the creditor of how much she is entitled to and allows her to compare the settlement of the case with the settlement the creditor would receive if the debtor filed Chapter 7 bankruptcy instead.Best Interest of Creditors TestU.S. bankruptcy law requires Chapter 13 bankruptcy applications to pass the "best interest of creditors test." Creditors involved in a Chapter 13 bankruptcy must receive at least as much from the bankruptcy as they would if the debtor filed Chapter 7 bankruptcy instead. The bankruptcy trustee performs this test by deducting the debtor's exemptions from the full value of the estate to determine how much the estate would be worth if the debtor filed Chapter 7 bankruptcy. Creditors may receive more from Chapter 13 than they would from Chapter 7, but they may not receive less from Chapter 13.Determining Payment AmountChapter 13 exemptions, or more specifically, the best interest of creditors test, are also used to determine how much the debtor must pay over the lifetime of the plan. To make this determination, the bankruptcy trustee compares three numbers. The best interest of creditors test, or the non-exempt value of the estate minus administrative costs, is one of these three numbers. The total amount of priority claims, such as alimony, child support and back taxes owed, is another number the bankruptcy trustee looks at, as is the debtor's disposable income, or income after payroll taxes each pay period. The bankruptcy trustee takes the biggest of these numbers and divides it by the life of the plan to determine how much the debtor must pay each month.ConsiderationsChapter 13 bankruptcy may be attractive to some debtors because debtors are at low risk of losing their property through this arrangement and there are no income limitations on this type of bankruptcy. However, debtors cant file for Chapter 13 bankruptcy if they have such large exemptions that the bankruptcy will fail the best interest of creditors test. In addition, Chapter 13 bankruptcy negatively affects the debtor's credit for seven years and requires debtors to pay the bankruptcy trustee on a monthly basis.
Is paying off SallieMae college loan manadatory if you are filing for bankruptcy?
Student loans from any lender are not usually dischargeable in bankruptcy. They will temporarily stop collection during the proceedings, but interest will continue to accrue.
What are some techniques for avoiding or postponing credit payment?
Negotiating with creditors can help to postpone payments. A lot of mortgage companies will let a person defer interest to the backend of their loan. Finally, bankruptcy is an option.
If you have an LLC and file chapter 7 can they take your part of the LLC?
== == The answer to your question depends upon the law in your state. If an individual files for bankruptcy most assets of the individual may be sold or otherwise disposed of in a Chapter 7 bankruptcy in to partially satisfy the debts of the individual. While an interest in an LLC is an asset of the individual, many states have statutes within their LLC Act which provide that an LLC interest may not be taken outright by a creditor, but rather a charging order will be issued. Typically this means that the individual who is the holder of the LLC interest will continue to be a member of the LLC and will continue to vote the LLC interest; however, any distributions which are made by the LLC to the individual would be paid to the creditor or creditors rather than to the individual due to the charging order.
Who are pre-preferential creditors?
This is achieved by amending the status of some creditors' claims - making them effectively pre-preferential. For example, under Spanish law, claims of an administrative and labour-related nature are not automatically suspended on the date of the declaration of the bankruptcy. Under Polish law, secured creditors with rights in rem may enforce their claims against encumbered assets in an arrangement bankruptcy (the claims are not covered by the arrangement proceedings to the extent they are covered by security) and initiate enforcement proceedings. In some EU Member States, the court has the power to lift the stay. Under Swedish law, upon the issuing of a bankruptcy order, a landlord is entitled to terminate the debtor's lease. If commercial premises are involved and the bankruptcy administrator fails to assume liability for the tenant's obligations during the term of the relevant lease within one month from demand, the landlord may repossess the premises. Under German law, the security interest and ownership interest of creditors with rights to preferential treatment may only be realized after the Creditors' Report Meeting has been held. If after the Creditors' Report Meeting, the insolvency administrator decides to use the property for the insolvency estate, he must pay a rent/interest to those creditors with a security interest in the insolvency estate. In the UK, amounts becoming due under a lease during the period that an administrator is in beneficial occupation are expenses of the estate.
What do firms owe their creditors?
Firms will owe their creditors a debt and usually some type of interest.
Can a bankruptcy judge make a creditor lower the interest rate?
In cases of bankruptcy, it is quite common for interest rates to be renegotiated.
Can you use tenancy by the entirety to protect property during bankruptcy when using federal exemptions or can it only be applied when state exemptions are used?
Any interest in property, no matter how you hold title, has to be disclosed for possible payment to creditors.
What is chapter 7 bankruptcy liquidation?
A Chapter 7 bankruptcy is a "straight bankruptcy" where the assets are liquidated. This differs from Chapter 11 and Chapter 13 bankruptcies, where the company is reorganized. For more information see the related link.
What are dividends on deposit?
Dividends stay in policy and accumulate interest.
What types of loans accumulate interest?
Subsidized, Unsubsidized and PLUS
