0
How do you get your chapter 7 bankruptcy case dismissed when you have no attorney clerk was unable to help?
Wiki User
∙ 17y ago
You will need to file a "motion to dismiss." Don't forget to serve your motion on the trustee and us trustee. Unfortunitely, you do not have a "right" to dismiss your case. The court will typically set a hearing to hear your reason for the request. Don't be surprised if your trustee objects to the dismissal if there are assets. (They receive a percentage of the value liquidated). The court may also dismiss your case if you have not complied with all of the filing or fee requirements.
Wiki User
∙ 17y ago
Add your answer:
Earn +20 pts
What will happen where Chapter 13 bankruptcy is dismissed due to default in payments?
Many people are unable to maintain the rigid repayment plans (and strict budget) that go along with Chapter 13 bankruptcy. One option is to switch to Chapter 7 bankruptcy. This can be done (one time) without court approval, although if you ever wish to switch back to Chapter 13 then the court will be involved. Before switching I would recommend looking at the different characteristics of each type of bankruptcy.
How hard is it to claim student loans on a chapter 7 bankruptcy?
I have been through Chapter 7 twice and both times was unable to claim my Student Loan.
If you are worse off in Chapter 13 than before you filed the Chapter 13 can you ask to have it dismissed?
Yes, but with new bankruptcy laws having been implemented it may prove somewhat difficult. The involved parties will need to prove to the trustee/court that they are unable to meet the obligation. More than likely the trustee will suggest the "13" be modified rather than dismissed. If the BK is dismissed the debtor loses all BK protection and creditors may pursue collection, repossession and lawsuits as the so choose.
What is the role of defense attorney?
To offer the best possible defense of his client.
How can I tell if I am a good candidate for a debt settlement?
If you are unable to pay your creditors, you could be a good candidate. You should talk with an experienced bankruptcy attorney, and if bankruptcy isn't the way for you to go, debt settlement might be.
If I file bankruptcy can I add my mother's creditor with my bankruptcy?
Just because she is your mother, it does not mean that you are automatically liable for her debts. When you file for bankruptcy, you can include only those debts which you are liable either personally or as a co-signor or joint debts. If you are not a co-signor and you include your mother debt in your bankruptcy, you will be committing fraud and your petition will be dismissed. Once a bankruptcy petition is dismissed for fraud, there may be restrictions on future filings. Your mother will continue to be liable for the debt. If she is unable to pay the debt, she can file for bankruptcy to discharge the debt. For an official opinion, it is advised you seek legal counsel.
Bankruptcy Court Cases: Reasons to File a Bankruptcy Case?
In a touch economy, there has truly been an uprise in the number of bankruptcy court cases filed everyday. Filing for bankruptcy is something that should never make a person feel ashamed or guilty. Rather, bankruptcy is a normal part of what happens when the economy takes a turn for the worse and people lose their jobs. This article will discuss the best ways that a person can handle his or her bankruptcy situation. When a person feels that debt becomes too much to bear, then it may be time to file for bankruptcy. If a person is unable to make his or her monthly payments on credit cards or simply owes too much in loans, then it is a good idea for this person to begin considering the possibility of filing for bankruptcy. If a person is unsure whether or not he or she should file for bankruptcy, then it is a good idea for this person to consult with a bankruptcy lawyer. A bankruptcy lawyer often gives a free consultation to any person that comes into his or her office. This consultation will reveal whether or not a person qualifies to file for a certain type of bankruptcy, as well as whether or not it is in a person's best interest to file for bankruptcy. To file for certain types of bankruptcies, there are certain conditions that must be met. For example, if a person wants to file for a Chapter 13 bankruptcy, then he or she will need to have a regular and stable income. If a person is a student without an income, then he or she will be unable to file for a Chapter 13 bankruptcy. If a person also does not have any assets, then he or she will likely be unable to file for a Chapter 13 bankruptcy. It is truly a good idea for a person to carefully consider the type of attorney he or she gets to work on a bankruptcy case as well. A person will need to make sure that an attorney is qualified to work on his or her case. A person should always make sure that a lawyer is in good standing with the bar association of a certain state, otherwise a case may be dismissed in court. One does not want to have this happen in court, since it can often be embarrassing and cost a person a lot of money.
Can a person file for ch 7 bankruptcy even though he is still in ch 13 bankruptcy?
Yes and no. No you cannot file for two types of bankruptcy at the SAME time. But yes you can file for chapter 7 bankruptcy if you were unable to complete chapter 13, which is very common. This can be done once for any reason, without court approval. However, to switch back, approval of the bankruptcy court is required, and they will rarely allow a debtor to make multiple switches. Note that in switching from Chapter 13 to Chapter 7, much of the debtor's property is now up for grabs to be sold off to pay his or her debts. However, if the debtor cannot make the payments under a Chapter 13 bankruptcy, switching to Chapter 7 may be his or her only option.
Your car was repossessed because you was unable to make full payments. your bankruptcy lawyer said the terms of your bankruptcy discharge relieves you of that debt. Is this true?
An internet forum is NOT a good place to second guess your B/K attorney. Yes it is true
Where are bankruptcies heard?
All Bankruptcy is done under federal law.There is an entire system of courts..The US Bankruptcy Courts, that hears all cases.There are many different circuits of the courts...and some have solightly different procedures/definitions they operate under than others.ADDITIONAL SPECIFIC INFO:You would want to file bankruptcy if you are overwhelmed by debt and harassed by creditors. If you are unable to pay your bills you may be eligible for relief under Chapter 7, Chapter 13, or Chapter 11 bankruptcy.
How do you start bankruptcy?
You start filing for bankruptcy by working with the court to determine if that is the best decision for you. Firstly, the court will do a "means test" in which they will calculate your income versus your debt and also compare your financial situation to other people in your area. Additionally, you have to undergo credit counseling before you are eligibile to file. When these steps are completed you can file.ANSWER:You would want to file bankruptcy if you are overwhelmed bydebt and harassed by creditors. If you are unable to payyour bills you may be eligible for relief under Chapter 7,Chapter 13, or Chapter 11 bankruptcy. A Minneapolisbankruptcy attorney will answer your questions. As soon asyou file for bankruptcy:* Harassing phone calls stop!* Mortgage foreclosure stops!* Repossession of your car or furniture stops!* An attempt to garnish your wages stops!* You keep your personal property.* You keep the tools you need to make a living.
What is difference between bankruptcy and insolvency?
They are basically the same. Insolvency describes a situation where the debtor is unable to meet his/her obligations. Bankruptcy is a legal maneover in which an insolvent debtor seeks relief. There are two types of individual bankruptcy. Chapter 7 is a "fresh start" in which all debt is forgiven. Chapter 13 is a plan in which debt is settled on the debtors ability to pay (and may be only a fraction of the debt owed).
