no, all creditors must be listed.
Assuming there is a discharge order, probably not. A discharge affects all dischargeable debts, not only the ones listed in the bankruptcy, unless the debtor deliberately tried to create a "preference." In that case, the trustee might be able to capture the payments made after the filing date and apply them to his fee and the creditors.
When you file for Chapter 7 bankruptcy, you are responsible for listing all of your debts. Some debts are generally not dischargable (i.e. child support, most taxes, student loans, secured debts, etc.). When you receive a discharge for dischargeable debts, the discharge generally applies to debts listed in your bankruptcy filing and any subsequent amendments. The discharge does not apply to date incurred after you filed bankruptcy and generally does not apply to debts that you failed to list in the bankruptcy.
when filing any bankruptcy you must disclose ALL debts.
If you are personally liable for the debts, you MUST include them in any bankruptcy filing. If the business is a separate legal entity (corporation, LLC, LLP, partnership), you must include the business as an asset, but any debts you are not personally liable for are not listed in your bankruptcy. If the business is small, has only one owner, one corporate officer and shareholder, etc., the owner is probably personally liable for most if not all debts.
No. You must include all assets and all debts in your filing.
You must list all of your debt when filing for Chapter 7 bankruptcy. However, not all debts are eliminated. There are certain exceptions to discharge under the Bankruptcy Code. Your attorney will be able to advise you by looking at your total financial situation.
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.
You not only can, you must. All creditors must be listed in any bankruptcy filing.
Yes, all debts and assets must be included in the bankruptcy filing. If a mistake is made and some debts and/or assets are not reported, the filer should contact the BK attorney or the trustee immediately. Deliberately ommitting information on a bankruptcy filing are grounds for dismissal. In addition when information especially assets is deliberately withheld the person(s) can be charged with bankruptcy fraud which is a federal crime and if convicted can be fined and/or imprisoned.
Yes. They must be included. All debts and all assets must be included. IRS income tax debts can only be discharged, however, if the amount of tax due was determined 3 years prior to filing the bankruptcy.
If a debt was listed on a Bankruptcy that you filed and the Bankruptcy went through then that debt is permanently discharged with a Chapter 7.
Not only can the be included, they MUST be included. All debts whether to Walmart or Aunt Betsy needs to be included in your bankruptcy filing.
If your ex files bankruptcy and you are listed on some debts that (s)he wants to discharge, you will become 100% liable instead of 50%. Go through all your debts and make sure that anything in both of your names is paid. If you no longer have any joint debt, an ex filing will not affect your credit.
If you are referring to a Chapter 7 bankruptcy, you are stuck with debts incurred after filing the bankruptcy unless your case is dismissed without a discharge and later refiled. In a Chapter 13 case, sometimes post petition debts can be paid through plan or the debts can be covered if you voluntarily dismiss the case and refile or convert it to a Chapter 7. In the case of a conversion to a Chapter 7, it would cover all debts up to the date of the conversion. The reform laws that went into effect in October 2005 contain much stricter rules on cases where a bankruptcy has been dismissed and refiled to prevent "serial" filers. Before making a decison, you must consult a local bankruptcy attorney to decide if dismiss your case and refiling is a valid option for your circumstance. Finally, Chapter 7 cases are very difficult to dismiss voluntarily.
Items obtained through fraud, child support, court ordered restituion and federal/state taxes (off the top of my head). ALL debts must be listed because you are swearing that you have listed all debts. If there are assets in the case, some of your debts will be paid, therefore, the Courts need to know of ALL of your debts, so you list EVERYTHING. However, some debts are non-dischargable such as: Items obtained through fraud; Domestic Support Obligations; Taxes that are less than 3 years old; Student Loans; Debts incurred in the process of a crime (such as a DUI accident). It should also be noted that there is a 90 day presumptive period. Any debt incurred within 90 days prior to filing a Bankruptcy is presumptively fraudelent. Any debt incurred with the intention of filing Bankruptcy or without intention of repayment is presumed fraudulent.
No. You do not "declare bankruptcy" ON anything. You declare bankruptcy when you cannot pay your bills as they come due. You must list all your assets and all your debts. What happens after that depends on which title you are filing under, chapter 7, 11, 12 or 13.
When an individual files for bankruptcy, he/she must list down all the creditors and debts that they have. If the bankruptcy has already been filed and the individual has incurred new debt but has not yet been discharged by bankruptcy, that new debt is not included in the bankruptcy discharge. For an official opinion, it is advised you seek legal counsel. It is really important to seek legal advice from the expert about filing for bankruptcy.
You don't have a choice, ALL debts must be included in your bankruptcy petition. Oh, also, priority debts cant be discharged in a bankruptcy.
It depends. Most any of the types can, or may not. Some considerations are if your speaking of a business (Corporation) or personal bankruptcy, if the debts are secured or not, and how much of what type of assets there are and if any of them are to be maintained after the bankruptcy as determined by the Court and creditors. There is no personal bankruptcy where secured debts or other obligations such as child support arrearages. A chapter 7 is a total liquidation bankruptcy in which the debtor can discharge all debts that are not secured including judgments, liens that have not been "perfected", stop wage garnishment, etc. The petitioner will however be required to relinquish all non exempted property.
No. What will happen is all the defaulted accounts listed in the bankruptcy will be marked as such.."included in bankruptcy". The credit history, late payments, judgments, etc. will remain the same. In addition to the scenario in the above answer: The bankruptcy filing itself will be listed in the "public records" portion of your credit report. The disposition needs to be listed also (the discharge). The "bad marks" (i.e., the accounts) will show on your credit for 7 years. The bankruptcy listing will show for 7 years for a completed and discharged Chapter 13 bankruptcy and 10 years for a discharged Chapter 7.
If you are filing for bankruptcy by yourself (not as a couple) then you are only able to file regarding your personal debts and all joint obligations will remain outstanding and you will be liable for paying them. Your partners debts will remain with him.
Work out an agreement with the other party, or file for bankruptcy. Filing for bankruptcy stops all wage garnishments. Or, obviously, pay off all of your debts!
You can't file bankruptcy "for IRS debt." You have to list all your debts and assets, and you can keep what you can exempt under state or federal laws. If you have little or no equity in an asset, you should have no problem.
It generally takes 3-4 months after your meeting of creditors to receive your discharge. The discharge is the court order that says that all of the debts that you have listed in your Chapter 7 are discharged, that you are no longer legally responsible for them and that you are entitled to a fresh start.