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.
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.
I have been through Chapter 7 twice and both times was unable to claim my Student Loan.
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.
You would generally file for a bankruptcy to get rid of debt. If you have more debt then you can handle and you are constantly getting deeper and deeper in debt then a bankruptcy might be for you.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. A Minneapolis bankruptcy attorney will answer your questions. As soon as you 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.
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.
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.
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.
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.
The role of a defense attorney is to absolve their client of any criminal wrongdoing. (If unable to have the charges dismissed, the next option is to have them reduced.)
If you were unable to maintain the rather strict debt management plan in a chapter 13 bankruptcy (as is very often the case) then you are allowed to switch and file for bankruptcy under chapter 7 one time. 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. Before doing this you really should familiarize yourself with the differences.
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.
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.
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).
An internet forum is NOT a good place to second guess your B/K attorney. Yes it is true
This is the question I get from every one of these clients. Fortunately, the answer is YES! However, when the bankruptcy laws were changed in 2005, various waiting periods were imposed. In every case, you can file bankruptcy again; it's just a question of how long you have to wait.Four Important Notes About Filing a Second Bankruptcy CaseThe first important note you need to know is that the waiting period starts from the date you filed your prior bankruptcy petition and ends on the date you filed your second bankruptcy petition.The second important note is that you only have to wait if you received a discharge in your prior case. If you did not receive a discharge, you can file immediately. For example, if you filed a Chapter 13 bankruptcy case, and it was dismissed because you were unable to make payments, you do not have to wait at all to re-file a second case (provided, of course, that you meet other necessary criteria - speak to an attorney about this).The third important note is if your prior case was a Chapter 13 bankruptcy case in which you paid back your unsecured creditors at least 70%, then you do not have to wait at all.The final important note is that the waiting period does not prevent you from filing again; it just prevents you from getting a discharge. You can still file without waiting - you just do not get the benefit of the discharge. Why would you do this? If the sole purpose of re-filing is to stop foreclosure, you probably do not need to wait several years, as you still get the benefit of the bankruptcy stay in a Chapter 13 case as well as the ability to cure arrears with a payment plan.The Waiting Periods Are 2, 4, 6 and 8 YearsTwo YearsIf your prior case was a Chapter 13 bankruptcy case and your new case will be Chapter 13, then the waiting period is only two years.Four YearsIf your prior case was a Chapter 7 bankruptcy case and your new case will be Chapter 13, then the waiting period is four years.Six YearsIf your prior case was a Chapter 13 bankruptcy case and your new case will be Chapter 7, then the waiting period is six years.Eight YearsIf your prior case was a Chapter 7 bankruptcy case and your new case will be Chapter 7, then the waiting period is eight years.Important Note for homeowners in foreclosure: Even if you do not qualify to file again based on the above criteria, you can still file for Chapter 13 if the primary concern is curing mortgage arrears. In this instance, you will not receive a Chapter 13 discharge, but you will be able to cure all of your mortgage arrears and stop foreclosure.
If the case re-appeared in the system after being "dismissed' - that means it must have been dismissed "WITHOUT PREJUDICE." This means that the original charge was somehow legally faulty and the judge dismissed it. WITHOUT prejudice means that the prosecutor, after correcting the deficiency, can re-file the charge. If the judge had dismissed it WITH prejudice, the case could not have been re-filed. About your being unable to reach your attorney.... I cannot comment on that.
Bankruptcy means someone is legally unable to pay their debts as agreed. The procedure of verifying someone truly is bankrupt can take up to 8 months in most cases, and those who have some assets will be required to pay back some or most of their debts over a 2- to 5-year time period. There are two major types of bankruptcy definitions that apply to consumers: Chapter 7 and Chapter 13.
a legal declaration that you are unable to repay your debts
To be considered bankrupt, a court has to issue a bankruptcy order against you. One can apply to the court for bankruptcy if they are unable to pay their debts.
Yes, you can get an auto loan before bankruptcy discharge. If you have filed a chapter 13 bankruptcy, you must receive permission from the court trustee. Contact your attorney to begin the process. The court will set limits as to maximum loan amount and monthly payments. DO NOT apply for a loan of any type before getting approval from the court! Doing so could be grounds for dismissal of your bankruptcy, depending on the regulations of your particular court district. If you have filed a chapter 7, there are certain automotive lenders who will finance you after you have attended the (sect. 341) meeting of creditors. However, if you are unable to find one of these lenders, your discharge is usually granted within a few weeks of the 341 meeting and you will be able to purchase then.
A chapter 7 bankruptcy is where the Court determines you are completely insolvent--unable to pay for your debts. If you add all income and then subtract all living expenses, and you have a negative or a zero, then you are insolvent. A chapter 13 is a scheduled repayment over a three year period. If you do the same calculations as before but have a number greater than 0, you are required to enter into a payment schedule with the Federal Bankruptcy Court. Over the course of three years, you have to pay the set amount to the court and they divide it to your creditors. At the end of that three years, your debts are cleared, even if the debt to creditors is still outstanding. However, one huge risk to a Chapter 13 is that if you miss your monthly payments to the Court, the Court has the right to nullify your bankruptcy and reinstate all your debts.
A Chapter 13 lawyer specializes in a specific type of bankruptcy law known as Chapter 13. When filing for any type of bankruptcy, it is typically necessary to get in touch with a lawyer in order to make sure that the debtor is able to receive the maximum benefit from the proceedings. Generally speaking, it is usually better to work with an attorney who specializes in the specific type of bankruptcy that is being filed for. Chapter 13 bankruptcy can be thought of as a form of debt reorganization. This is opposed to liquidation, in which an individual sells off all of their assets in order to pay of the debts that they can. For individuals who can demonstrate an ability to pay off some or all of there debt, but in a different time frame than the original contract required, this may be a better choice. For those who are hoping to keep their property, such as their home and car, this is typically a better option than Chapter 7 bankruptcy. Both Chapter 7 and Chapter 13 bankruptcy are for individuals, not businesses, which typically file for Chapter 11. With Chapter 13 bankruptcy, you first must visit with a credit counselor and give information about all of your debt. A list of monthly expenses is also required. Any money that is left over will be used to pay off your existing debts. Debt to employees, taxes, child support, and so on take the highest priority. Second priority debts are secured debt, like car payments. Unsecured debt, like credit cards, comes last. When you file for Chapter 13, creditors can no longer take legal action against you. The Chapter 13 lawyer will field all calls regarding the debt. If you fail to file for bankruptcy before your home goes into foreclosure, your home can still be compensated. To qualify, the about of debt is limited. Generally, you can not owe more than $900,000 in secured debt and $300,000 in unsecured debt. You must be able to demonstrate that you can repay the debt. Have a Chapter 13 lawyer look over your information to ensure that it is possible for you to handle the payments. If you find yourself in a situation where you are unable to honor the new payment plan, the court may allow you to convert the Chapter 13 bankruptcy into Chapter 7 bankruptcy. At the end of the bankruptcy period, most of your debts will be erased, although child support, alimony, and student loans typically will still need to be repaid.
There is nothing procedurally that prohibits the filing of a suit against someone who has delared bankruptcy. The bankruptcy trustee will put that landlord on a waiting list with other creditors. Of course, the practical upshot is that the bankruptcy court may find that the debtor is unable to pay any debt - then, the LL is wasting time.
Voluntary bankruptcy is when an insolvent debtor brings a petition to a court to declare bankruptcy because they are unable to pay off debts. This form of bankruptcy is meant to create an equitable settlement of the debtor's obligations.
Bankruptcy is a process where a business or an individual can declare themselves unable to pay their debts. Although Congress itself cannot declare bankruptcy, it formulates the laws that govern it.