can you change your filing from chapter 7 to chapter 13 ?
The most significant change to the 1978 statute concerns consumer bankruptcy under the Chapter 7 liquidation provisions.
You cannot change my bankruptcy, but you can convert your Chapter 13 to a Chapter 7. It happens frequently. You may want to check with your lawyer or an experienced lawyer since it can have unintended consequences.
The length of time a discharged 7 or 13 bankruptcy can remain on a credit report has always been 10 years. A dismissed chapter 13 remains for 7 years a dismissed chapter 7 remains for 10 years. Therefore, no type of clause applies because the requirement has never changed. Bankruptcy laws and credit reporting laws are two entirely different issues.
Chapter 13 is more of a repayment plan than a debt wipeout. Because of that, if there is a change in your financial circumstances after filing for bankruptcy then the court needs to be aware of it.
The debt collector cannot change the date of anything, legally. If the account was discharged in bankruptcy, everything up to the filing date is not owed any longer.
Sometimes Chapter 13 debtors need or want to convert their bankruptcy case from a Chapter 13 to a Chapter 7 bankruptcy. And sometimes the bankruptcy court will force you to convert from Chapter 13 to Chapter 7 - this is often called a "forced conversion." The reasons for conversions vary. For the most part, if you are instigating the conversion, you have a right to convert your case. But that doesn't always mean you'll qualify for Chapter 7 relief.
If the BK filer is allowed to discharge the debt a joint account holder who is not a party to the bankruptcy becomes solely responsible for the entire amount. Cancelling or closing the account will not change the fact that the person will still owe the debt and it will eliminate the possibility of said person to negotiate terms with the lender if it becomes necessary. If the joint account holder continues to meet the required terms of the account agreement his or her credit score will not be negatively affected.
You can convert from Chapter 13 to chapter 7 by having your attorney file the proper paper work within the courts, but you must sign them additionally approving this change.
The time limit for a discharged chapter 7 or 13 bankruptcy to remain on a credit report has always been 10 years. A dismissed chapter 7 wil remain 10 years, a dismissed chapter 13 will remain 7 years.
It is very important that the BK participants contact the bankruptcy trustee as soon as possible when they experience changes that directly affect the filing status.
Bankruptcy is Federal, not state. While your state of residence changes which federal district you are in, it does not change your eligibility to file.
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.
You will need to discuss this thoroughly with an experienced bankruptcy lawyer. Mortgages usually do not allow a change in title without the consent of the mortgage holder, and it can trigger acceleration of the mortgage and require immediate poayment of the whole balance due. If the wife has good credit and the mortgage is in trouble, it may affect her ability to borrow after the bankruptcy, so don't do it.
This means that a company is on the verge of bankruptcy and if something in the company doesn't change, that there is a definite chance of going bankrupt.
Actually, It never was 7 years. Chapter 13 is 7 years, and Chapter 7 is 10 years (sometimes longer). That regulation is at least 50 years old. Keep in mind however you may only be granted a Chapter 7 Discharge ONCE EVERY 8 YEARS FROM PREVIOUS BANKRUPTCY DISCHARGE DATE (law changed in 10/2005).
File a change of address with the clerk of the court where you originally filed the petition
Talk to your Lawyer and tell him your concerns, but If your Lawyer said "Not Yet", then wait for a go signal.
What happens if you have paid all fees for a chapter 7 bankruptcy and your trustee tells you to turn over your income tax check and you don't because you are laid off and you are using the income tax check to pay bills and medical expenses and the trustee has threaten to revoke your bankruptcy due to non payment of your income tax check
No...THEIR bankruptcy may change THEIR obligations on THEIR debts...it doesn't change yours, in any way, shape or form....except that now the federal court wants to make sure anything the Co is owed is paid so it can give it to the creditors.
No, it does not. But there may be a change in the law allowing a "cram down" of mortgages, as there used to be in bankruptcy.
Converting a 13 to a Chapter 7 is not uncommon and is usually allowed. The first step in the procedure should be contacting the Chapter 13 BK trustee. The trustee will be able to inform the involved parties if they qualify for the conversion.
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.
Yes, contact your attorney IMMEDIATELY!