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Can someone add a debt onto their bankruptcy even though the debt occurred after they had filed for Chapter 7?

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2005-11-19 19:12:20
2005-11-19 19:12:20

No, this is considered a post-petition debt. It would not be covered by the bankruptcy, you would legally owe this debt. Bankruptcy only covers charges up to the filing date. Not the meeting date,not the discharge date and not the closing date.

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Probably, though it may depend on why the case was dismissed. Consult an experienced bankruptcy lawyer about whether your dismissal order would present you with problems, and about whether filing another Chapter 13 or filing a Chapter 7 would be advisable.

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Yes and no. No you cannot file for two types of bankruptcy at the SAME time. But yes you can file for chapter 7 bankruptcy if you were unable to complete chapter 13, which is very common. This can be done once for any reason, without court approval. However, to switch back, approval of the bankruptcy court is required, and they will rarely allow a debtor to make multiple switches. Note that in switching from Chapter 13 to Chapter 7, much of the debtor's property is now up for grabs to be sold off to pay his or her debts. However, if the debtor cannot make the payments under a Chapter 13 bankruptcy, switching to Chapter 7 may be his or her only option.

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You can re-open your chapter 7 and amend the relevant documents. Some bankruptcy districts still maintain that unsecured debts not omitted for fraud or other illegal purpose are discharged even though not listed. Check with a local bankruptcy lawyer for your court's practice.

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No, filing for bankruptcy does not discharge or reduce the principle on student loans, though the bankruptcy process may put 'recovery attempts' on temporary hold. Regarding mortgages, filing bankruptcy will potentially discharge your debt, though you may lose your home unless you choose to file a Chapter 13, which will allow you to consolidate debts and retain your home if you so choose.

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Chapter 11 bankcrupty protection can be initiated by anyone: any business (corporation, partnerships, sole proprietorship) or individuals; though it is primarily used by corporate entities.

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It all depends on the employer, usually after seven years a bankruptcy is clear from your record, even though someone has a bankruptcy in their record they can try to get credit to begin to improve their credit.

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You can dismiss a bankruptcy anywhere (at least in the U.S.) Check with an attorney to see how this will effect you though. You will still have a bankruptcy on your record and will still owe everything. 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.

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There's a test you have to pass to qualify for a Chapter 7 bankruptcy. If you don't meet the criteria, then you can't file Chapter 7, though you can still file Chapter 13. As best I can tell, that's what you're talking about, but the wording is too confusing to know what you're actually asking.

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That may be true in the UK (though companies are more likely to go into "administration" there) and in some other countries. However, in the U.S. virtually all types of insolvency are now called "bankruptcy", whether for a person or a company; "liquidation" is just the traditional description of Chapter 7 bankruptcy.

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That is not how a Chapter 13 is usually described, since assets are irrelevant except to compare what a Chapter 7 would provide to unsecured creditors. But it is possible that the monthly income or the means test shows the debtor can do a plan, even though the debtor has no non-exempt assets.

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Your personal credit will not be affected if your spouse files bankruptcy alone. Be careful though in future transactions if you apply jointly for credit later... it will show up there.

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Go talk to a financial adviser or someone at your bank to help you out. Think about it though as it's a serious thing to do and there are consequences.

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File for bankruptcy and then try and start over. Your credit will be messed up though.

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Everywhere, at least 10 years. As a mtter of public court record the info is available much longer though.

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No. Too soon. Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.

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A Chapter 13 bankruptcy puts the entire debt collection process on hold to give the filers time to work out a court-approved repayment plan for a portion of their debts. Thus, because the process is on hold, a loan modification can not be enacted while a mortgage is currently under the supervision of the Chapter 13 trustee. However, it is possible to negotiate a modification of a loan with the mortgage lender during the bankruptcy. But it will be necessary to have the bankruptcy case voluntarily dismissed before the modification can be finalized and put into effect. Banks may not be willing to negotiate with the borrowers under the circumstances of a Chapter 13, though.

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No, you do not need to take a class to get out of bankruptcy. It might help you learn how to avoid this and what to do to get back on your feet though.

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You must have the lien avoided in the bankruptcy court. This has to happen before the bankruptcy case is closed or you have to petition to have the case re-opened. LIENS SURVIVE BANKRUPTCY UNLESS YOU SPECIFICALLY MOVE TO HAVE THEM AVOIDED. Let me add to the last post. Most of the time, the creditor who has the lien is listed as unsecured, even though they are technically secured. You need to review your bankruptcy to see how the claim was handled. If it was paid as secured (100%) or 100% to unsecured, then contact the creditor. If the debt was paid as unsecured (less then 100%), then you must have the lien avoided. Most chapter 13's are less than 100% to unsecured.

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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.


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