Discuss this with your trustee.
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.
Assuming you mean your federal tax refund, if you did not list it as an asset and exempt it, you cannot keep it. If your plan is less than a 100% plan, the trustee will increase the dividend, the amount paid out to unsecured creditors, after paying himself, of course.
A Chapter 7 can be filed with an open Chapter 13.
if you filed chapter 13 and it was discharged in 2005 can you file chapter 7 in 2009
Bankruptcy is ALWAYS a Federal case. Your State makes little difference.Under the new bankruptcy law effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
No. Bankruptcy is not a state governed court. All bankruptcies are filed in Federal Courts. Once the Court has made a ruling it will stand. The judgment is valid in All 50 States. Sorry. Yes. Many states have opted out of federal bankruptcy filing, some states allow the petitioner to choose whether they want to file a state or a federal bankruptcy. The best choice obviously is the one that is most advantageous for the petitioner. A chapter 13 can be converted into a chapter 7 if the BK petitioner can show the trustee that they cannot meet the requirements for the original 13 filing, regardless if it is a state or federal filing. Because of the strict exemptions allowed in a Chapter 7, it would be prudent to seek legal counsel before taking any action.
Bankrutpcy is a Federal Court Actionand set of FEDERAL laws....your state makes little difference. Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
Bankruptcy is a FEDERAL law handled in a FEDERAL court...your State makes no difference. Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago. The above notes discharge dates.
It does not matter what state you filed your Chapter 13 Bankruptcy, as it was done in Federal Court, and these types of events stay on your credit for 10 years.
Chapter 11 is a type of bankruptcy that can be filed by both businesses and people. Testa Corp filed bankruptcy on October 11, 2013.
No. The Federal restrictions sill apply. She can file again after a certain period. Bankruptcy is not part of financial planning. Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
Bankruptcy is Federal matter. Your State is of no consequence. Under the new bankruptcy law taking effect on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.