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My husband filed chapter 13 bankruptcy in November.His court date is January 25th. Will we get a tax return?
Sorry, but this makes no sense. A chapter 13 filed in November 2011 should have had a plan confirmed by now. If there is a court date of some kind for January, the case may be about to be dismissed. In any event, if the chapter 13 is still pending when you get your tax refund, it will have to be given to the chapter 13 trustee.
Could you change your chapter 7 to chapter 13 after being discharged?
Sometimes Chapter 13 debtors need or want to convert their bankruptcy case from a Chapter 13 to a Chapter 7 bankruptcy. And sometimes the bankruptcy court will force you to convert from Chapter 13 to Chapter 7 - this is often called a "forced conversion." The reasons for conversions vary. For the most part, if you are instigating the conversion, you have a right to convert your case. But that doesn't always mean you'll qualify for Chapter 7 relief.
Can you leave a chapter 13 bankruptcy open and refinance your current mortgage if the mortgage?
This question is incomplete. In most districts, you cannot incur new debt if you are a debtor in an active chapter 13 case. To refinance or incur any new debt, you have to obtain the consent of the Standing Chapter 13 Trustee in your case.
If someone filed chapter 13 then converted to 7 can they refile a 13 as soon as the 7 is dismissed?
PROBABLY if one is in a Chapter 13 and that debtor converts to Chapter 7, that debtor can re-file another Chapter 13 immediately after the Chapter 7 discharge. I say "probably" rather than "yes" for a few reasons: (1) There is no Bankruptcy Code section that prevents immediate filing of a Chapter 13 after a Chapter 7, but a 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 based on the circumstances of the case; (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, a 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 if a Motion for Relief was filed in the prior Chapter 13 case (and 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.
What can you file Chapter 13 on?
What is Legal to file Chapter 13 on ?
In chapter 13 bankruptcy what does pending mean in case status?
In Chapter 13 bankruptcy a pending status means the case is still open for evaluation and no decision has been made. The pending status may last for awhile depending on how involved the case is until it is final.
Can I file a chapter 13 immediately after being discharged from a chapet 7?
You can only have one bankruptcy pending at a time, so if you mean after your c. 7 is closed, yes, if you mean after you get your discharge but before your case is closed, no.
Can you file chapter 13 after being dropped?
IF by dropped you mean the case was dismissed, the answer depends on when and why the case was dismissed.
My husband filed chapter 13 bankruptcy in November.His court date is January 25th. Will we get a tax return?
Sorry, but this makes no sense. A chapter 13 filed in November 2011 should have had a plan confirmed by now. If there is a court date of some kind for January, the case may be about to be dismissed. In any event, if the chapter 13 is still pending when you get your tax refund, it will have to be given to the chapter 13 trustee.
Could you change your chapter 7 to chapter 13 after being discharged?
Sometimes Chapter 13 debtors need or want to convert their bankruptcy case from a Chapter 13 to a Chapter 7 bankruptcy. And sometimes the bankruptcy court will force you to convert from Chapter 13 to Chapter 7 - this is often called a "forced conversion." The reasons for conversions vary. For the most part, if you are instigating the conversion, you have a right to convert your case. But that doesn't always mean you'll qualify for Chapter 7 relief.
Chapter 13 bankruptcy repayment complete still need court approval to close on the house I am purchasing?
The question is, has the Chapter 13 plan been completed. Merely making the last payment due on the plan does not mean the C. 13 is over. You must have received your discharge from the court, and preferably have had your case closed. Otherwise, you may have to have the court's permission. I would be surprised if you were able to purchase a house and get financing if the c. 13 was still pending, unless you failed to disclose the bankruptcy filing, which could have even more serious consequences for you.
Can you file chapter 7 before chapter 13 is discharged?
No, you can't have two separate bankruptcies at once. If you are under a chapter 13, and are no longer able to make your plan payments, then you can convert your case from a 13 to a 7.
Can auto and home defiencies and garnesheements be entered into a ch13 bankruptcy?
If you mean, can they be included in a chapter 13, the answer is, they must be. If you mean, can you file a chapter 13 because of garnishments and secured loan payment arrears, yes, that's what chapter 13 is for.
What if you can't make car payments after filing chapter 7?
If the Chapter 7 is still pending, you can amend the documents to surrender the car. You may be able to re-open the case and amend the documents even after it has been closed. If you want to keep the car and can pay a C. 13 plan to get caught up on the arrears, you can file a C. 13. It may not be worth the expense, however.
Can you leave a chapter 13 bankruptcy open and refinance your current mortgage if the mortgage?
This question is incomplete. In most districts, you cannot incur new debt if you are a debtor in an active chapter 13 case. To refinance or incur any new debt, you have to obtain the consent of the Standing Chapter 13 Trustee in your case.
Your Wife an you jointly filed chapter 13 bankruptcy if you separate will the case be dismissed?
No
How are cars paid when you file chapter 13?
During a bankruptcy filing, the lending institution still holds interest to the vehicle if there is a pending loan. Some banks will allow you to continue to pay for the note and others will take the vehicle back, but in either case the option is theirs.
