I went through this same process and I continued to pay my mortgage while we waited on all the other items to be discharged. This helped keep my mortgage in good standing for when the discharge was complete. As for other bills, we went ahead and had them all discharged to eliminate all debt, except the mortgage. * Yes, if it is a secured debt the petitioner can continue to make payments. Unsecured debts, (credit cards, personal loans, judgments, etc.) should not be paid as it would give the appearance that the debtor is "favoring" a creditor.
Alimony and child support is considered to be non-dischargeable.
The bankruptcy petitioner can file another chapter 7 8 years after the date of filing of a previous chapter 7.
Government insured or provided student loans are NOT dischargeable.
The chapter 13 petitioner/participant must receive the approval of the bankruptcy trustee for all major financial transactions.
Tax debt is listed on Schedule D - Unsecured Priority Debt. Tax debt is probably not dischargeable but still needs to be listed. Whether it is dischargeable depends on what the tax lien is for. If you are unsure, ask your bankruptcy attorney or, if you don't have one, contact the IRS bankruptcy division and ask if the debt in question is dischargeable.
Yes. As far as BK is concerned, they are just like any other debt.
A chapter 7 bankruptcy is the nuclear bomb of debt clearing. It will however, not get rid of certain taxes, preference payments, college loans, and other not dischargeable debts.
Yes you can file bankruptcy. Whether or not it is dischargeable is another matter. In a Chapter 13, it could be included in your repayment plan. Not sure how it works in a Ch 7.
No child and/or spousal support are not dischargeable in a chapter 7 BK. It is my understanding that child support, student loans, taxes owed, and things along that line cannot be included in a bankruptcy.
Chapter 13 is recommended if:You have debts that are not dischargeable in Chapter 7You are in default on mortgages or car paymentsYou have more property than can be exempted under Chapter 7You owe taxes or other debts that are not dischargeable in Chapter 7I put that information there because it is important that you determine whether you fit into the category of a person that chapter 13 (rather than chapter 7 or no bankruptcy filing) would be a good option.Because Chapter 13 takes time and dedication on the debtor throughout the whole process, I strongly recommend that you contact a bankruptcy attorney to help with the filing.
BK cancels debts to a foreigner/resident alike- assuming the debt is dischargeable in the first place.
Under Chapter 13, certain fines are dischargeable. Where the fine is imposed as a criminal penalty, it will be non-dischargeable; however, a non-criminal fines will be dischargeable.
If you are sued and a creditor gets a judgment against you, you may be able to discharge your personal liability on that judgment in a Chapter 7 bankruptcy. This will depend on whether the underlying debt is dischargeable (meaning you can wipe it out in bankruptcy) or nondischargeable.
Most student loans are not dischargeable under any chapter of Bankruptcy in Michigan.
Your financial needs really determine which type you should file, if at all Chapter 7 is a liquidation bankruptcy and chapter 13 is a type of debt reorganization bankruptcy which essentially places you on a budget until you can pay back parts of your re-negotiated obligations. You should speak with an attorney about which option is best for your situation, keeping in mind that some debts are not dischargeable under either chapter 7 or chapter 13 bankruptcy.
Chapter 7 is a complete discharge of all dischargeable debts. Chapter 13 is a repayment plan of the debts under the bankruptcy court's supervision and protection.
A Chapter 7 bankruptcy proceeding is started by filing a petition with the bankruptcy court. The person filing a Chapter 7 is referred to as the "debtor." The debtor is necessary to disclose to the court all of its property and debts and turn over all nonexempt property to the bankruptcy trustee, who then converts it to cash for distribution to the creditors. The debtor then obtain a discharge of all dischargeable debts.
No type of bankruptcy, whether chapter 7, 11, or 13 discharges a civil or criminal judgment against you. Those are considered non-dischargeable debts and will remain with you until you pay them. Be sure to familiarize yourself with what will and will not be discharged before filing for bankruptcy as you may find that much of your debt is nondischargeable in which case bankruptcy may not be the option for you.
The petitioner submits the repayment schedule/plan to the court and the court decides whether or not it is acceptable. The best option for the petitioner is to retain a qualified bankruptcy attorney rather than self-filing, as the forms, required documentation and so forth can be complicated to say the least. If the petitioner qualifies for the bankruptcy he or she should be aware that they will be placed on a very strict budget, which is one reason so many people fail to complete a chapter 13 BK ("Adjustments of Debts of an Individual With Regular Income").
You can file a Chapter 7 bankruptcy.
No. Bankruptcy is not a state governed court. All bankruptcies are filed in Federal Courts. Once the Court has made a ruling it will stand. The judgment is valid in All 50 States. Sorry. Yes. Many states have opted out of federal bankruptcy filing, some states allow the petitioner to choose whether they want to file a state or a federal bankruptcy. The best choice obviously is the one that is most advantageous for the petitioner. A chapter 13 can be converted into a chapter 7 if the BK petitioner can show the trustee that they cannot meet the requirements for the original 13 filing, regardless if it is a state or federal filing. Because of the strict exemptions allowed in a Chapter 7, it would be prudent to seek legal counsel before taking any action.
Chapter 7 bankruptcy, sometimes call a straight bankruptcy is a liquidation proceeding. The debtor turns over all non-exempt property to the bankruptcy trustee who then converts it to cash for distribution to the creditors. The debtor receives a discharge of all dischargeable debts usually within four months. In the vast majority of cases the debtor has no assets that he would lose so Chapter 7 will give that person a relatively quick "fresh start".
Chapter 11 bankruptcy is actually a chapter in the United States Bankruptcy Code, it permits reorganization under the Bankruptcy laws of the United States.
You can file for Chapter 13 bankruptcy, however your debt reorganization plan/ timeline must be formally approved by the court. An individual's debts are not discharged under Chapter 13 bankruptcy, but rather, the individual may lower his debt payments to affordable levels. However, if you owe more than $250,000 in unsecured debt and more than $750,000 in secured debt, you cannot reorganize under Chapter 13; you must do so under Chapter 11. To file for Chapter 13, you must have regular income and debts under those levels. When Should I File under Chapter 13?Chapter 13 is recommended if: * You have debts that are not dischargeable in Chapter 7 * You are in default on mortgages or car payments * You have more property than can be exempted under Chapter 7 * You owe taxes or other debts that are not dischargeable in Chapter 7