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Yes. It certainly depends on how long you've been in the chapter 13. Most states say if you have been in the chapter 13 for more than 3 years, you will only have to pay back a percentage of the original balance of the bankruptcy. If you have been in the bankruptcy for less than 3 years, most states make you pay back the bankruptcy in full (100% of the original claims). If a creditor was included in your bankruptcy and they have been paid, you may refinance out of the bankruptcy without the creditors taking your money. Some things to keep in mind: in order to refinance, you have to be granted a "motion for post-petition financing" from the courts. This can take up to 2 months. Once that is granted, your refinance can be completed. Most people have an approval on their loan with a new mortgage company with the only stipulation being that the motion is granted by the court so that there is essentially no lag-time.

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Q: Can you refinance during Chapter 13 without creditors taking your money if their debt has been satisfied?
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What is your liability to harassing creditors if after six years your Chapter 13 bankruptcy was dismissed by the trustee?

If your Chapter 13 was dismissed, meaning you did not complete your Plan, then you are essentially right back where you started before you filed for bankruptcy. The creditors can pursue you for the debts without any legal ramifications.


Can you withdraw from a 401K without consequence while in chapter 7 bankruptcy in Washington State?

NO, and you shouldnt. Pension and 401 accounts are out of reach of creditors. If you are to withdraw from your 401, that money would be subject to seizure by the trustee to pay off your creditors.


How can you refinance your home for a lower interest rate while in a chapter 13 bankruptcy if you do not want to pay off the bankruptcy and do not want to 'cash out'?

While participating in a chapter 13 the petitioner cannot refinance, sell, transfer or otherwise real property without receiving permission from the bankruptcy court/trustee to take the action. Therefore the issues cited are not relevant until/unless permission is granted.


I want to refinance and pay down my existing mortgage by nearly half, in order to make my monthly payments smaller. Can I do this with a "no cost" refinance and not borrowing any money in the refinance?

I think if you can effort for it you can have a refinance without borrowing the money.


Can your cosigner refinance your car without your permission?

No. As the one who originally took out the loan, they cannot refinance your car loan without your permission. The only thing they can do (and have to do) is to pay your payments if you default on the loan.


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They have the same rights as they have with an estate that has a will. The creditors file their claims with the executor.


If your wife is in a Chapter 13 plan and is the borrower on the mortgage can the husband apply for a refinance loan to pay off the first mortgage?

Yes! The only thing is the chapter 13 will have to be discharged at closing. Depending on how long she has been in the bankruptcy, this may not be a big hassle. It is impossible to refinance a home in a chapter 13 without the BK being discharged. For more information, please feel free to email me at Travis.Fleury@gmail.com. I work for one of the largest direct private mortgage lenders in the country, i'd be glad to help answer any other questions.


Can you refinance home equity loan without touching the first loan?

That's what a refinance is changing the terms. However, if you have equity, can get a 2d as alternative.


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.


How do you get your ex off of the mortgage without refinancing?

You can't. You must refinance.


How can I refinance my mortgage without a job?

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Bankruptcy is a legal tool individuals and companies use when they are no longer able to repay debits. In the United States their are two sorts of personal bankruptcy. 1) Chapter 13 Bankruptcy, or reorganization Bankruptcy lets an individual work with their creditors to pay back debts without the threat of foreclosure or harassment. This lets someone do the right thing and pay people back. 2) Chapter 7 Bankruptcy is a more extreme step. During Chapter 7 one continues to make essential payments while paying nothing to other creditors. Next, all assets are liquidated and distributed to creditors.