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If you filed a Chapter 13 in June and have secured creditor who filed a relief from stay and you have to go to court again what does this mean?
Wiki User
∙ 8y ago
It probably means that the creditor is not willing to accept the terms of the 13 filing. Therefore the crediotr will seek to recover the property that is secured for the amount owed and any deficit, fees incurred. Such as repossesion and resale of a vehicle.
Wiki User
∙ 8y ago
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If a motion for relief of stay has been granted in a Chapter 13 case is there any defense?
The best approach would be to work with the Creditor's attorney to come up with some kind of agreement. You can also move to have the stay reimposed or ask the Judge to reconsider lifting the stay. If the motion for relief from stay has been granted, you no longer have a defense. The time to raise a defense would have been right after the motion was filed by obtaining a hearing date and opposing the motion. The creditor is not required to negotiate with you, but you should at least try again.
We are just finishing up a chapter 7 bankruptcy and are keeping the house we are up to date on your house payments but this month will be paying a couple weeks late will this present any problems?
Late post-petition payments to a secured creditor whose debt is being reaffirmed by the debtor(s) can cause the creditor to wonder if there will be continuing payments, and the creditor might want to move for relief from the automatic stay. Be sure to call the mortgage company or servicer and let them know the payment will be late and why. If the problem is one that will not happen again in the following month(s), there should not be any difficulty.If your explanation is that you just didn't have have the money when it was due, it might not be good enough.If you don't have a lawyer, you should consult a local bankruptcy lawyer.
If you had an automatic stay lifted in a ch 13 then converted to a 7 can you refile a 13 after the 7 is discharged and get an automatic stay again?
PROBABLY if one is in a Chapter 13 and the stay is lifted, that debtor can convert to Chapter 7 and then re-file another Chapter 13 after the Chapter 7 discharge and reinstate the stay against the creditor who had the stay lifted in the prior Chapter 13. I say "probably" rather than "yes" for a few reasons: (1) Because the creditor could object to the new Chapter 13 and argue that the debtor is abusing the Bankruptcy Code, an argument the Court may or may not be swayed by; (2) If a debtor voluntarily dismisses a Chapter 13 once a Motion for Relief from Stay has been filed in the Chapter 13 case, that debtor is automatically barred from re-filing another Chapter 13 for 180 days (see 11 U.S.C. 109(g)(2)). So, the creditor may argue that conversion to Chapter 7 is akin to voluntary dismissal and so the debtor should be barred from filing another Chapter 13 for 180 days (I have no idea if such an argument would work for the creditor); and (3) Different districts may have different case law affecting the answer to this question, so it's probably best to consult a lawyer in your area. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
If you filed Chapter 7 bankruptcy 5 years ago can you file again on your home and when?
There is a six year limitation for BK filing. Bankruptcy will delay but not stop foreclosure on secured property, unless the debt is reaffirmed with the lender.
If a chapter 13 bankruptcy was voluntarily dismissed not discharged can it be removed from your credit file?
You can't get it removed. It is a public record. If you file a bankruptcy and get it voluntarily dismissed the next day, it will still be on your credit report. Also, by the way, not paying into a Chapter 13 plan is not a voluntary dismissal. The Trustee moved to have the bankruptcy dismissed. - The easier approach would have been to actually voluntarily have it dismissed. Regarding Nate's posting, I agree that non-payment of a Chapter 13 normally results in the trustee moving to dismiss your case, which is an involuntary dismissal. I have no idea if whether a Chapter 13 is voluntarily or involuntarily dismissed affects your credit rating differently (probably not, credit reporting agencies barely seem to recognize the difference between Chapter 7's and Chapter 13's, much less the way in which any particular case is dismissed), but there can be a big difference to the debtor whether a case is involuntarily or voluntarily dismissed if a creditor has moved to get property back. Once a creditor asks the court for permission to get back some property (such as a car or home), which they do by filing a Motion for Relief from Stay, then if you voluntarily dismiss your case you are barred from re-filing a new Chapter 13 for 180 days. This 180 days may be enough time for the creditor to foreclose/repo and sell the property. Once a creditor moves to repo/foreclose in a Chapter 13, many people prefer to be involuntarily dismissed so they can re-file a new Chapter 13 immediately and get protection again before the creditor sells the collateral. Please keep in mind this is not legal advice but simply a statement of what many people do in that situation from my perspective. So, while Nate (in the posting above) said it is easier to voluntarily dismiss, that does not mean it is always better to voluntarily dismiss, depending on the circumstances.
Can you file again if you filed in may 2005 on chapter 7?
You can file a chapter 13 bk, but NOT another chapter 7.
Chapter summaries for blue back by Tim Winton?
ok so chapter 1 he meets a gropter, chapter 2 he meets gropter again cahpter 3 he meets gropter again and so on
Does bankruptcy discharge unsecured loan liens other than government and collateral liens?
Generally the term lien means the loan is secured to something...(although agreeably there are general liens against all you own generally). Government 9especially property) and Collateral liens (by definition) are again, secured debts. BK includes and effects everything you own (assets) and everything you owe (liabilities)- each with some minor exceptions. You do not pick and chose what is included....and again eveything must be listed. The secured or not issue relates to the funds derived from that asset being earmarked to a specific creditor FIRST and then available to any other of lower "status". Cerditors and assets are listed, they are then ordered as to priority, and one is used to satisfy the other...with any excess basically becoming dischargable by the court. Generally the term lien means the loan is secured to something...(although agreeably there are general liens against all you own generally). Government 9especially property) and Collateral liens (by definition) are again, secured debts. BK includes and effects everything you own (assets) and everything you owe (liabilities)- each with some minor exceptions. You do not pick and chose what is included....and again eveything must be listed. The secured or not issue relates to the funds derived from that asset being earmarked to a specific creditor FIRST and then available to any other of lower "status". Cerditors and assets are listed, they are then ordered as to priority, and one is used to satisfy the other...with any excess basically becoming dischargable by the court.
Louisas reaction to joes return is one of?
relief and joy. She is thrilled to see him again after his absence and is grateful for his safe return.
When does comic relief start again?
In 2 years time because next year it is sports relief and then comic relief is the year after that they change between to the2 each year. hope this helps!;)
What is the context of Jonah chapter two?
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Can you ever purchase a house again if you lost your house to chapter 7?
Yes you can get a house again. on a first time home buyer. give it 3 yrs after the chapter 7.
