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If you did not file for a chapter 7 bankruptcy and your son who has the same name as you did file a chapter 7 bankruptcy how did the bankruptcy enter on your credit if you are not a co-signer?

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2007-05-06 22:25:30
2007-05-06 22:25:30

Probably because one of the credit reporting agencies screwed up (this is a lot more common than you would think). You can first get a copy of each of your credit reports for free at annualcreditreport.com (this is a site where you actually get free credit reports by federal law, not one of those scam sites that give you a free copy of your report in return for your giving them a credit card number and they sign you up for some program or something). Once you get your reports (there are three national reports, get one of each at the site I listed above), then review them and see how many of them list the bankruptcy. Then, you can go to the website for each credit reporting agency that lists the bankruptcy and do an online dispute. Once a dispute is initiated, the credit reporting agency is required by law to review the false information and correct it. They may make you produce documents verifying it was not your bankruptcy, so you may want to get a copy of your son's bankruptcy paperwork on which the last 4 digits of his social security number appears, and send a copy of that plus a copy of your social security number to the credit reporting agency to prove it was not your bankruptcy. Of course I cannot give legal advice on here, but these are my suggestions that you can follow or ignore. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!

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You are not left in bankruptcy, you enter into it willingly. In chapter 13 you enter into a repayment plan and all your debts are paid in about 5 years. chapter 7 negates all debts that are unsecured like credit cards and leaves you with only your secured debt like home and cars. In both cases you keep your vehicle and home

Typically a Chapter 13 bankruptcy will require you to enter into a payment plan with the IRS, and interest will be frozen as of the date that you file your bankruptcy petition.

unless the judgment is for damages from: intentional tort, fraud, drunk driving, spouse/child support, they yes your judgment will be discharged

Maybe. The court would have to give the person permission to enter into that type of financial agreement.

No, this is not possible. Legally, you have to enter a binding contract with a credit company, and even with a cosigner, no one under the age of 18 can legally enter into a contract. If you are emancipated, then you are considered a legal adult, and then that would be a different story. Other than that, this is not possible. -Jesse

Chapter 11 concerns the regulations for allowing the debtor to enter into an agreement with their creditors to allow a business to continue to function. The full regulations can be found on the website of the United States Courts.

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.

Just like people, sometimes a corporation accrues more debt than it actually has the ability to pay back. When this occurs, a corporation sometimes declares bankruptcy. However, corporations do not always use the same kinds of bankruptcy that individuals use. The two most common corporate bankruptcy filings are Chapter 7 bankruptcy and Chapter 11 bankruptcy. Chapter 7, which can also be used by individuals, is for businesses that are giving up entirely. If a company declares Chapter 7 bankruptcy, that company will cease operations immediately. At that point, legal ownership of the company is transferred to the bankruptcy court. When ownership of the company is transferred to the court, a lawyer will be appointed by the court to oversee the rest of the bankruptcy. This will include overseeing the closing of that corporation's facilities. It will also include a liquidation of the company's assets. The assets will be sold, and the proceeds of those sales will be used to pay back creditors that are owed money by the company. Chapter 11 bankruptcy, not used by individuals, is a bit different. Instead of the business being closed, the business is allowed operate normally during the bankruptcy. The goal of a Chapter 11 bankruptcy is the restructuring of the corporation so it can be profitable once again. There is also another potential benefit from this kind of corporate bankruptcy. All or a good portion of the company's previous debts and other obligations may be absolved. This is due to the fact that the goal of Chapter 11 bankruptcy is reorganization. Debt or other obligations that would force a company to go out of business may be removed to help that occur. Obligations other than debt that may be set aside by the court can vary. Usually this includes things such as agreements with unions on employee pensions and benefits, leases for real estate and other expensive contracts. However, even if a corporation attempts to enter Chapter 11 bankruptcy, there is still a risk that the company may be liquidated as part of a Chapter 7 bankruptcy. This can occur if a plan is not agreed upon by the corporation, its creditors and the court. If this happens, the only remaining options are either entering Chapter 7 or returning back to the company's pre-bankruptcy state. Since the company entered bankruptcy because survival without reorganization was unlikely, both choices are rather undesirable.

You should enter the amount due on the date of filing. Most bankruptcy lawyers use the most recent statement from the creditor or the most recent amount on the credit reports obtained prior to filing. You may round off the numbers to the nearest dollar, but you should have more than just a "ball-park figure." If you have not had a recent statement, get a free copy of all three credit reporting bureaus' reports at www.annualcreditreports.com.

From what i understand, you have to be 18 to enter into a binding contract...and so its up to the bank whether or not you can get one because they can't enforce it on you...so you will definitely need a cosigner and the bank will look at both your credits to see if it's worth the risk i know this because my friend signed for a loan w/ his parents as cosigners and because i also wanted a personal loan and the bank told me i needed a cosigner with better credit :P

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You can contact the office of the bankruptcy attorney who is responsible for filing and managing the bankruptcy case. The bankruptcy court will automatically send the bankruptcy attorney copies of the bankruptcy paperwork. In most situations the bankruptcy attorney or the office paralegals will be able to tell you the date of bankruptcy in person or via telephone. Visit the United States Bankruptcy Court Federal Record Retrieval website. Once at the website, enter your name at the time of filing for bankruptcy, the state where the bankruptcy was filed, and the year you believe the case was filed. Then you will get the full details of your date of the bankruptcy.

He appears first in the end of chapter 135

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No, not until the loan is paid in full. You cosign and you are stuck with that decision just like any other contract you enter into.

A minor cannot enter into a legal contract. Any loan they are a party to is invalid.

Yes, if you deliberately fail to enter a debt on the bankruptcy schedule the BK can be dismissed with prejudice. When petitioning for your own bankruptcy you should disclose all of your debts. However, certain debts such as fines and Student Loans cannot be included in the bankruptcy.

There is the possibility, although the probability is low. Most consumers find it impossible to get financing with an ongoing Chapter 13 bankruptcy. Usually, you need to have at least 12 months after the BK is discharged before you are lendable again. That being said; there are programs which do not consider credit at all. Given the right broker who is experienced, and enough money, anything can be accomplished. You must also ask your Trustee for permission to assume additional debt. I found this helpful: Current Bankruptcy If you are currently in chapter 13 bankruptcy, you may be able to qualify for a home loan. In fact, some lenders can actually provide FHA loans at low interest rates for borrowers in chapter 13. Re: HUD Handbook section 4155.1 Rev-4. "A borrower paying off debts under Chapter 13 of the Bankruptcy Act may also qualify if one year of the pay-out period has elapsed and performance has been satisfactory, and the borrower also receives court approval to enter into the mortgage transaction."(http://www.emortgage.com) I am trying to use the FHA to get a home loan while in chapter 13 and I have been trying to get them to clear a house since August. I made over $80,000 last year and all the BK judge would approve for me to have in a loan was $45,000 so don't get your hopes up no matter how good you have done with the bankruptcy. I have the money taken out of my check every much so I have never missed a payment and this process is a nightmare that has made me cry night after night. The mortgage broker says I would have been better off if I have filed chapter 7. Isn't that a kick in the teeth! ANSWER I am currently in a Chapter 13. Due to divorce and my husband's bills which I got stuck with. I thought I could get some reduced rates on my bills with Chapter 13. NOT. The lawyer told me that I would be clean after bankruptcy. NOT. I would have been better off just to NOT PAY all the unsecured debt. That is what my ex did, and guess what? They laid all that debt on me. He is scott free and bought a NEW HOUSE. Even though I was NOT on his cards. We were married so I am stuck with the debt. Don't EVER declare bankruptcy. Just don't pay the unsecured debt if you can't pay it. Your credit will be trashed no matter what and unpaid unsecured debt looks better than a bankruptcy. The only one who gets rich on bankruptcy is the lawyers. I've been trying to get a loan to pay off the rest of the bankruptcy and get back to normal but I can't. My Chapter 13 takes $2500 out of my $3220 monthly pay. And I can't even fix my roof. I can barely pay for food and because I make $3220 per month I don't qualify for any aid of any kind. It's a nightmare. NEVER NEVER NEVER DECLARE BANKRUPTCY

I received letter of credit from my customer how i have to enter my entries

Yes, you can...... just enter the website and click on order online or something VERY similar to that...... then enter the credit card #

Some of the things required to apply for a student credit card are that you are a citizen in the country you are applying, and that you have not claimed bankruptcy in the past 7 years. To apply online you are required to enter your personal information such as name and address as well as employment details and financial information.

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The Short Answer is 3 years before you can obtain an FHA insured mortgage and 5 years before you can obtain a "conforming" mortgage. Conforming simply meaning that it conforms to Fannie Mae guidelines. These time constraints are dictated by the FORECLOSURE not the Bankruptcy. Guidelines for Bankruptcy will allow you to obtain an FHA-insured mortgage in as little as 12 months from FILING with Chapter 13 and 24 Months after discharge with Chapter 7. The Chapter 13 can still be OPEN but you must get the courts permission to enter into the transaction.The key to your scenario will be the loan size you need. FHA has loan limits set by County.Below is the "long answer"Previous Mortgage Foreclosure. A borrower whose previous principal residence or other real property was foreclosed or has given a deed-in-lieu of foreclosure within the previous three years is generally not eligible for a new FHA-insured mortgage. However, if the foreclosure was the result of documented extenuating circumstances that were beyond the control of the borrower and the borrower has re-established good credit since the foreclosure, the lender may grant an exception to the three-year requirement. Extenuating circumstances include serious illness or death of a wage earner, but do not include the inability to sell the house because of a job transfer or relocation to another area.Bankruptcy. A Chapter 7 bankruptcy (liquidation) does not disqualify a borrower from obtaining an FHA-insured mortgage if at least two years have elapsed since the date of the discharge of the bankruptcy. Additionally, the borrower must have re-established good credit or chosen not to incur new credit obligations. The borrower also must have demonstrated a documented ability to responsibly manage his or her financial affairs. An elapsed period of less than two years, but not less than 12 months, may be acceptable if the borrower can show that the bankruptcy was caused by extenuating circumstances beyond his or her control and has since exhibited a documented ability to manage his or her financial affairs in a responsible manner. Additionally, the lender must document that the borrower's current situation indicates that the events that led to the bankruptcy are not likely to recur.A Chapter 13 bankruptcy does not disqualify a borrower from obtaining an FHA-insured mortgage provided the lender documents that one year of the payout period under the bankruptcy has elapsed and the borrower's payment performance has been satisfactory (i.e., all required payments made on time). In addition, the borrower must receive permission from the court to enter into the mortgage transaction.

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