Is a judgment removed by filing a chapter 7?
The judgment is not "removed" but the judgment creditor is barred by the discharge from collecting on the judgment. Filing a c. 7 will stay the collection, but if the case is dismissed before a discharge is granted, the judgment is enforceable. If the judgment involves intentional harm or drunk driving or certain other limited situations, the discharge does not prevent collection on the judgment.
YES! Child support can not be removed even when filing Chapter 7.
Yes. It is the most common reason for filing for bankruptcy. If the judgment creditor had an execution issued and attached any equity in your home, you may have a problem.
If a judgment goes in the bankruptcy, it can be removed. The person who the judgment was for, has the right to request that it still be paid. In most Chapter 7 situations, the judge will decide in favor of the debtor.
can you change your filing from chapter 7 to chapter 13 ?
Satisfied judgments do not get removed from a consumer's credit report until 7 years from the date they were filed. You might get lucky and the judgment be shielded from view 7 years after the original legal action was filed (once the satisfaction shows). It is possible, and legal, for the satisfaction to show for 7 full years from it's filing date (which may be different from the judgment filing date).
How do you stop someone from being able to file a chapter 7 on a judgment you have against them without paying 250.00 on a adversary?
I could be wrong on this - BUT - I do not believe that a Chapter 7 filing negates a court ordered judgement.
Is it better to enter a judgment on a credit report before or after a bankruptcy filing. I have a judgment that isn't on my ex-husbands credit report. He is filing chapter 7 I won't be dismissed.?
unless the judgment is for damages from: intentional tort, fraud, drunk driving, spouse/child support, they yes your judgment will be discharged
You may file for Chapter 7 at any time after filing Chapter 13.
As far as I'm aware, it is removed automatically after 7 or 10 years from the filing date depending on which chapter you filed. Thanks for using Answers.com!
In a Chapter 7 bankruptcy, a person filing for relief is called a
You must wait 8 years after the filing of the petition before filing another chapter 7.
The income you make after filing for chapter 7 does not count. What counts is all you had before filing.
What can be done to attain employment at 60years old after filing chapter 7 bankruptcy What if there is reasonable reason for filing chapter 7 Could the reason for bankruptcy be told to the employer?
How to get after job filing chapter 7 bankruptcy once it appears on the credit report
A Chapter 7 bankrutpcy may display on your credit for 10 years from the date of filing. Chapter 13 may stay for 10 yeas also, but it is customary for those to be removed after 7 years.
about 4-5 months after filing chapter 7.
How soon after filing Chapter 7 Bankruptcy, can you file either Chapter 13 or Chapter 7 Banruptcy again?
Assuming you mean a payment plan for a debt that a creditor got a judgment for in civil court, and you are asking if you can file Chapter 7 (and qualify to do so), yes, you can, and the repayment agreement then is subject to the bankruptcy court automatic stay.
A person's income does not count after filing chapter 7 bankruptcy. All that counts is what you had before filing bankruptcy.
If you are sued and a creditor gets a judgment against you, you may be able to discharge your personal liability on that judgment in a Chapter 7 bankruptcy. This will depend on whether the underlying debt is dischargeable (meaning you can wipe it out in bankruptcy) or nondischargeable.
Believe it or not, the ploy is called a Chapter 20! A so-called "Chapter 20" bankruptcy is the process filing of a "Chapter 7" bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments. The 2005 Bankruptcy Reform Act attempts to limit "Chapter 20" bankruptcies by imposing limits on the filing of successive bankruptcies. Under current bankrupcy law a Chapter 13 bankruptcy may be… Read More
The cost of filing fees in a Chapter 7 bankruptcy will vary with each state. On average, the filing fees are about $300.
If you first were filing a chapter 13 you can change that to a chapter 7, it is called "motion to convert".
No type of bankruptcy, whether chapter 7, 11, or 13 discharges a civil or criminal judgment against you. Those are considered non-dischargeable debts and will remain with you until you pay them. Be sure to familiarize yourself with what will and will not be discharged before filing for bankruptcy as you may find that much of your debt is nondischargeable in which case bankruptcy may not be the option for you.
You can own anything you want when filing.
You have to wait eight years after filing for Chapter 7 and 4 after filing for Chapter 13.
The bankruptcy petitioner can file another chapter 7 8 years after the date of filing of a previous chapter 7.
Yes, you can file a new chapter 7 after 8 years from the date of filing the previous chapter 7.
A person can file chapter 7 after 8 years from a previous chapter 7. So the answer is NO.
Only if you have filed chapter 6.
Yes you can.
It depends on why you were not able to complete your initial chapter 7 bankruptcy petition. Generally, you cannot be discharged of debt under Chapter 7 if you received a Chapter 7 discharge within the six years before the filing of this petition. You are however allowed to file for chapter 13 if you only filed for chapter 7 once already. For many that is the best and easiest option.
A chapter 7 bankruptcy filing remains on your credit report for 10 years. Chapter 13 bankruptcy remains for seven years. Under chapter 13 bankruptcy you repay at least a portion of the debt, so it is removed a little sooner.
If you buy a used car with cash before filing a chapter 7 bankruptcy, How long do you need in between purchase and filing to keep the vehicle if the vehicle meets exemption in a state?
Yes, unless the judgment was a result of fraud. If the judgment creditor has filed a judgment lien against any of your property, you will need to take the additional step of filing a petition under Section 522(f) of the Bankruptcy Code to remove the lien. Be sure to tell your attorney about any liens that you might have against you.
if your still in chapter 7 you have to get out first but you can file again check the laws in you state on chapter 7. laws has chang.
If you filed chapter 7 bancruptcy in 2005 and a judgment from 2003 still shows on your credit report how do you get it removed?
Here is the question, was the judgment placed under the bankruptcy? If so, you can dispute the items as part of the bankruptcy. If not, it is a separate entry and has the right to stand on it own.
Yes. And you should.
by law you must
Generally, you cannot be discharged of debt under Chapter 7 if you received a Chapter 7 or Chapter 11 discharge within the six years before the filing of this petition or if you received a Chapter 12 or Chapter 13 discharge in a case that paid less than 70% to the unsecured creditors and was filed in the six years before the filing of this petition. These restrictions do not apply to a previous Chapter… Read More
Here's a link to a great site that will tell you what you can keep in a Chapter 7 filing: http://bankruptcy-law.freeadvice.com/consumer_bankruptcy/property_filing.htm
The answer is yes -- Chapter 13s are removed after 7 years in a credit file
That really has no bearing on the bankruptcy proceeding or the judgment. By this I mean that having a judgment against you will not necessarily disqualify you from being able to file for bankruptcy. However, under no scheme of bankruptcy proceeding will a judgment be discharged so if that is the reason for filing for bankruptcy then it will not do any good. Court judgments are under the category of nondischargeable debt.
If a car is repossessed and sold at auction for less than the amount owed to the lender will filing bankruptcy discharge the remaining balance if it has been reduced to judgment?
It depends on the chapter. In either case, your remaining debt is now unsecured and a bankruptcy filing places the judgment on hold. If it is Chapter 13, file a claim and you may receive a percentage of the bankruptcy estate, but not usually until near the end of the bankruptcy term (3-5 years). If it's a Chapter 7, again, it's an unsecured debt and highly unlikely that the debtor will sign a reaffirmation to… Read More
Chapter 7 in terms of law refers to when a person or person is filing for a certain and specific type of bankruptcy that is then referred to and known as Chapter 7.
If your husband's boat was gifted to spouse for one dollar 3 years before he filed bankruptcy can the courts take it?
yes, if filing chapter 7 no, if filing chapter 13
chapter 7 filings 8 years from the time of discharge and the time for filing a chapter 13 after a chapter 7 discharge 4 years.
If you filed a Chapter 13 in 1998 and converted to a Chapter 7 in 1999 in what year are you eligible to refile a Chapter 7?
6 Years from the date of filing of the Chapter 13. (Only because it was converted).
Yes, at the present time, a Chapter 13 has no filing time limits. As of October 17, 2005, the new time limit for filing a Chapter 7 is now eight (8) years from the discharge date of a previous "7" filing. The time limit for a Chapter 13 is four (4) years from the discharge date of a previous "7" and two(2) years from the discharge date of a previous "13".
No. You still have to pay the mortgage.
I think so...