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Can someone have more than one property in chapter 7 bankruptcy?
Wiki User
∙ 11y ago
Yes.
Wiki User
∙ 11y ago
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What is selective bankruptcy?
Secured debt in Bankruptcy You can't file "selective" bankruptcy, but youcan normally keep property that is security for debts by agreeing to keep paying the debt.If there is too much equity in the property to keep it from the trustee, you may want to consider Chapter 13. Visit my profile/site for more information about Bankruptcy.
Where can one find information on Chapter 11 Bankruptcy?
There are many places where one can find more information on Chapter 11 Bankruptcy. One can find more information on Chapter 11 Bankruptcy at popular on the web sources such as Nolo and US Courts.
Is a rental Lease void if the owner files a Bankruptcy 7 and does not reaffirm the property?
Leases are not reaffirmed like secured property is. Leases are either assumed or not assumed, and there is a difference. There is no way to answer your question without knowing more specific facts about what is happening in the chapter 7 bankruptcy proceedings.
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 is the process on how to declare bankruptcy?
First consult a lawyer for which bankruptcy chapter you qualify for and let him/her assist you with the bankruptcy procedures as bankruptcy procedures are not the same in every case. Chapter 7 and Chapter 13 bankruptcies are the most common. For more information, visit these websites: http://howtodeclarebankruptcy.net/ and filepersonalbankruptcy.org/how-to-declare-bankruptcy/.
What do you do with property that has been unclaimed in a bankruptcy?
It depends. Depending on the interest of the Trustee in Bankruptcy, and whether or not they have abandoned the property, will determine whether or not the debtor in Bankruptcy will be permitted to take the property if the creditor has abandoned the property. Bottom line is that it depends on the facts, contact your Bankruptcy attorney or a reputable Bankruptcy attorney to get more information.
How is it determined if you file chapter 7 or chp 13 bankruptcy - is it a ratio?
A Chapter seven is a total liquidation bankruptcy, which means the person will have to forfeit all nonexempt property. A chapter 13 is a consolidation bankruptcy, the person keeps all of their property and pays a specified amount to the BK trustee who distributes it to creditors. The time frame for repayment under a chapter 13 is 3-5 years. With new bankruptcy reform more people will be required to file a 13 if they can pay even a small part of the debt(s). The type of filing that can be used now depends mostly on the financial status of the person, rather than which one to choose.
How does bankruptcy work?
It depends on what chapter you file under. There are separate types of bankruptcy for businesses and for individuals. The two chapters for individuals is chapter 7 and chapter 13. Chapter 7 discharges most debts but has more serious repercussions. Chapter 13 consolidates many debts to make one payment which is much more manageable. The attached article explains bankruptcy and compares chapter 7 and chapter 13.
What is the difference between chapter 11 vs chapter 7 bankruptcy?
The major difference between Chapter 11 bankruptcy and Chapter 7 bankruptcy is that Chapter 11 offers more flexibility so that debtors can negotiate terms without having to sell their assets. Under Chapter 7 bankruptcy, the debtor's assets are almost always sold to pay off their debt. Chapter 7 also features a level of debt forgiveness, whereas Chapter 11 does not.
How much property can a person keep if you file a Chapter 13?
In a Chapter 13 Petition in Bankruptcy, you are allowed to keep all of your property. This is because in a Chapter 13 Petition in Bankruptcy, your Chapter 13 Plan Payment to the Trustee partially depends on the amount of non-exempt assets you own. In other words, although you get to keep all property, the more non-exempt property you own at the time of your filing, the larger repayment percentage you would owe towards your unsecured creditors. I hope that helps. Michael A. Fakhoury, Esq.
How long do you have to wait to file a chapter 7 bankruptcy after you have filed for a chapter 13 bankruptcy?
The new bankruptcy reform legislation will dramatically change how long someone must wait to file bankruptcy if they have previously received a discharge. Under the current law, a debtro can file Chapter 7 again if it has been more than 6 years since he or she was discharged from the previous Chapter 7 bankruptcy. Under the new bankruptcy law taking effect 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.
Where can someone read the Chapter 7 Bankruptcy Law guidelines?
You can view the Chapter 13 Bankruptcy rules by checking out legal books from your local library or visiting United States Court information website. You can also contact lawyers to send you more information.
