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Can you move to another state while in Chapter 13?
Debtors under Chapter 13 Bankruptcy can move to another state. However, they must be available for court proceedings and other legal meetings.
Can you finance a car during filing of chapter 7 new york state?
Bankruptcy is a federal action in a federal court, whether in New York State or elsewhere. You cannot get a loan while in a Chapter 7. No creditor will lend to you until you have received your discharge.
Is it possible to work in another state and maintain residency in Texas?
Residency is maintained in Texas while working in another state. Residency is not dependent on employment. The state of employment is just a factor when filing income taxes.
Can filing chapter 11 keep finance company from reposessing heavy equipment?
Yes, for a while at least.
What will happen to your direct deposit while filing bankruptcy?
Direct deposit of any monies while filing for Chapter 7 bankruptcy are safe. However, under Chapter 13 bankruptcy, an automatic payment may be required to the trustee from a direct deposit of wages and other sources of income.
Can you keep home in bankruptcy?
In the State of Illinois, you can keep your home while filing a Chapter 7 if it is determined that you do not have an equity position in your home that exceeds the Illinois statutory exemptions and continue to be current on your monthly mortgage payments.
If you filed a civil suit before chapter 13 was filed and then won the civil suit while still in chapter 13 can the trustee get any of the money?
It depends on the type of lawsuit and whether or not you are entitled to claim any of the proceeds as exempt. In most cases, state law determines what property you get to keep when filing for bankruptcy. This is called "exempt" property, meaning it is exempt from being used to benefit your creditors. The general rule in a Chapter 13 is that all nonexempt property belongs to the estate, including property acquired after the filing the Chapter 13. However, the debtor generally remains in possession of the property. If you properly disclosed the existence of the lawsuit in your BK filing, the Chapter 13 plan approved by the Court likely has some language addressing the lawsuit. You need to read the Chapter 13 plan to see what it says on the subject.
Can someone transfer a house into your name while filing chapter 13 bankruptcy?
You should check with a Lawyer concerning transfer of property and Chapter 13 bankruptcy. Some things are legal and some things could bring a conviction of fraud and prison time. Sometimes there is an extremely thin line between the two! I assume that whoever is filing Chapter 13 has a lawyer. That would be the person to check with.
Can you own your own business while going through bankruptcy?
Depends on the type of bankruptcy you are filing. Generally a personal bankruptcy does not effect your business, and vise versa. However, if your business is filing bankruptcy, a Chapter 11 reorganization will allow you to stay in business.
If you own a home and Jointly and your dead beat husband files chapter 13 against your wishes can you sue?
In general (of course there might be a state statute that differs, in the state of jurisdiction for the bankruptcy filing), any citizen can file chapter 7 or 13 bankruptcy individually without consent of their spouse. Probably, you don NOT have a valid cause for action against your spouse in such cases. If I were you, I would read a primer about filing chapter 13 bankruptcy (an excellent book is "The New Bankruptcy, will it work for You?" 3rd edition by Stephen Elias, published in 2009 by Nolo; 346.078 E42N Dewey decimal), and check pertinent state law about a spouse filing bankruptcy individually. Also determine whether your spouse is trying to file jointly while keeping you in the dark -- you can defeat that claim without having to sue, just contact the bankruptcy trustee / judge. If you need legal advise pertinent to your state, then check for a paralegal who specializes in filing bankruptcies as well as a lawyer (such paralegals are just as familiar with bankruptcy processing and pertinent state law, and charge less for their service).
If you filed a chapter 13 in Texas and now live in Mississippi can you file a chapter 7?
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.
If you filed for chapter 13 can you purchase a new car?
While in a Chapter 13 debt repayment, the person(s) involved must have the permission of the assigned trustee before making major financial transactions. Failure to do this can result in the dismissal of the filing and/or other penalties. Not quite true. You can purchase a new car by obtaining a specific car loan agreement which does not seriously affect your chapter 13 plan payments and filing it with the court with a motion to approve the loan. The chapter 13 trustee must also agree to the new car loan. The details vary somewhat from one bankruptcy district to another, so consult a local bankruptcy lawyer.
