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Answered 2008-09-08 22:50:14

The trustee can request the bankruptcy court to dismiss the 13, which would allow creditors to pursue collection of the remainder of the debt owed under whatever manner allowed by the laws of the debtor' state.

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Can an unsecured promissory note be discharged in California under Chapter 7 Bankruptcy?

Yes.


What happens to a promissory note when the note holder files for bankruptcy?

The note becomes a part of the bankrupt individuals assets.


Can you file a chapter 7 bankruptcy after a chapter 13?

Yes, and this happens often. A debtor who cannot meet the obligations of the payment plan imposed by Chapter 13 Bankruptcy may wish to switch to Chapter 7. This can be done once for any reason, without court approval. However, to switch back, approval of the bankruptcy court is required, and they will rarely allow a debtor to make multiple switches. Note that in switching from Chapter 13 to Chapter 7, much of the debtor's property is now up for grabs to be sold off to pay his or her debts. However, if the debtor cannot make the payments under a Chapter 13 bankruptcy, switching to Chapter 7 may be his or her only option.


If you received inheritance after bankruptcy can a creditor with a secured promissory note go after it?

If you receive an inheritance within 180 days after filing bankruptcy, it becomes the property of the bankruptcy estate and the Chapter 7 trustee can distribute the proceeds for the benefit of creditors.


Can you include judgments in bankruptcy?

Yes in a chapter 13 but you should definitely consult your lawyer to make sure all kinds are ok. And note filing them in a bankruptcy,unfortunately, doesn't always get rid of them.


Can a person file for ch 7 bankruptcy even though he is still in ch 13 bankruptcy?

Yes and no. No you cannot file for two types of bankruptcy at the SAME time. But yes you can file for chapter 7 bankruptcy if you were unable to complete chapter 13, which is very common. This can be done once for any reason, without court approval. However, to switch back, approval of the bankruptcy court is required, and they will rarely allow a debtor to make multiple switches. Note that in switching from Chapter 13 to Chapter 7, much of the debtor's property is now up for grabs to be sold off to pay his or her debts. However, if the debtor cannot make the payments under a Chapter 13 bankruptcy, switching to Chapter 7 may be his or her only option.


How long after you file a chapter 13 can you file chapter 7?

If you were unable to maintain the rather strict debt management plan in a chapter 13 bankruptcy (as is very often the case) then you are allowed to switch and file for bankruptcy under chapter 7 one time. Note that in switching from Chapter 13 to Chapter 7, much of the debtor's property is now up for grabs to be sold off to pay his or her debts. However, if the debtor cannot make the payments under a Chapter 13 bankruptcy, switching to Chapter 7 may be his or her only option. Before doing this you really should familiarize yourself with the differences.


In chapter 13 bankruptcy do you have to pay your unsecured creditors 100 percent?

NO. Bankruptcy proceedings are used because you are not capable of paying 100% of your debts (otherwise your bankruptcy claim will be rejected by the court), and unsecured debts have greater chance of a lower amount of directed settlement from the bankruptcy trustee's work than secured debts (or certain excepted unsecured debts). Note that there is an excellent perspective book both about Chapter 7 and Chapter 13 bankruptcy: "The New Bankruptcy, will it work for You?" 3rd edition (published in 2009 by Nolo), by Stephen Elias (a bankruptcy attorney). In the public library system for Colorado Springs, I found it at 346.078 E42N (Dewey decimal system).


How soon can you file a chapter 13 after you file a chapter 7 in Arizona?

Sometimes, a debtor who cannot meet the obligations of the payment plan imposed by Chapter 13 Bankruptcy may wish to switch to Chapter 7. This can be done once for any reason, without court approval. However, to switch back, approval of the bankruptcy court is required, and they will rarely allow a debtor to make multiple switches. Note that in switching from Chapter 13 to Chapter 7, much of your property is now up for grabs to be sold off to pay your debts. However, if you cannot make the payments under a Chapter 13 bankruptcy, switching to Chapter 7 may be your only option.


How long after filing a bankruptcy can you file again?

This is the question I get from every one of these clients. Fortunately, the answer is YES! However, when the bankruptcy laws were changed in 2005, various waiting periods were imposed. In every case, you can file bankruptcy again; it's just a question of how long you have to wait.Four Important Notes About Filing a Second Bankruptcy CaseThe first important note you need to know is that the waiting period starts from the date you filed your prior bankruptcy petition and ends on the date you filed your second bankruptcy petition.The second important note is that you only have to wait if you received a discharge in your prior case. If you did not receive a discharge, you can file immediately. For example, if you filed a Chapter 13 bankruptcy case, and it was dismissed because you were unable to make payments, you do not have to wait at all to re-file a second case (provided, of course, that you meet other necessary criteria - speak to an attorney about this).The third important note is if your prior case was a Chapter 13 bankruptcy case in which you paid back your unsecured creditors at least 70%, then you do not have to wait at all.The final important note is that the waiting period does not prevent you from filing again; it just prevents you from getting a discharge. You can still file without waiting - you just do not get the benefit of the discharge. Why would you do this? If the sole purpose of re-filing is to stop foreclosure, you probably do not need to wait several years, as you still get the benefit of the bankruptcy stay in a Chapter 13 case as well as the ability to cure arrears with a payment plan.The Waiting Periods Are 2, 4, 6 and 8 YearsTwo YearsIf your prior case was a Chapter 13 bankruptcy case and your new case will be Chapter 13, then the waiting period is only two years.Four YearsIf your prior case was a Chapter 7 bankruptcy case and your new case will be Chapter 13, then the waiting period is four years.Six YearsIf your prior case was a Chapter 13 bankruptcy case and your new case will be Chapter 7, then the waiting period is six years.Eight YearsIf your prior case was a Chapter 7 bankruptcy case and your new case will be Chapter 7, then the waiting period is eight years.Important Note for homeowners in foreclosure: Even if you do not qualify to file again based on the above criteria, you can still file for Chapter 13 if the primary concern is curing mortgage arrears. In this instance, you will not receive a Chapter 13 discharge, but you will be able to cure all of your mortgage arrears and stop foreclosure.


Just got married have to file bankruptcy but my wife filed in 2003 can i still file with her?

You might be able to file bankruptcy individually, but the bankruptcy trustee will scrutinize joint assets and income to determine whether they must be included in your individual filing. Therefor, there may be more reasons that the bankruptcy trustee would determine as cause to dismiss your bankruptcy claim. Note that if rejection of your bankruptcy claim is upheld by the bankruptcy court, actually your have only lost your time and expenses to file that particular bankruptcy claim. An excellent book for detailed perspective on filing chapter 7 or chapter 13 bankruptcy: "The New Bankruptcy, will it work for You?" 3rd edition (published in 2009 by Nolo), by Stephen Elias. I found this book in the Colorado Springs public library under 346.078 E42N (Dewey decimal).


What chapter does Matt first appear in death note?

Chapter 83, according to Death Note wiki.


How can you get your student loan to not be shown as included in bankruptcy since you are paying on it?

You must list all debt owed in a bankruptcy. In a Chapter 7 Bankruptcy federal student loans are listed on Schedule F as a unsecured non-priority debt with an indication that they are student loans. Please note that nothing in this posting or in any other posting constitutes legal advice.


If the maker of a promissory note fails to pay the note on the due date the note is said to be what?

It would be considered in default.


If you have a promissory note based on a business loan and you file bankruptcy on that business loan is the promissory note still valid?

Even though you file bankruptcy, you still have to honor the promissory note. If you are ordered to make installment payments then you will have to pay the promissory note in installments.


If someone owes you money and you have a promissory note signed and notarized can that person claim the promissory note in a bankruptcy?

Notarizing a promissory note does not give the lender any special protection if the borrower files for bankruptcy. The debt would be discharged in bankruptcy unless you could prove fraud or if you had a lien on some of the debtor's property.


If a bank has been advised that you are filing chapter 7 bankruptcy in Ohio but will reaffirm the car loan can they still repossess the vehicle?

Yes, many loan agreements have a clauses that allows them to call the note due and/or repo the vehicle if there are any singnificant changes to your credit status. Bankruptcy certainly qualifies.


Even if you are current with your car payments should you give back my automobile during chapter 13 bankruptcy?

The simple answer is no. If you are current on your car note, then this is not the issue that lead to the bankruptcy. That you are paying it current may have contributed to your financial situation, but on the surface it is not a reason to surrender the vehicle. Either do not list it or reaffirm it with the lender.


If you signed a promissary note in a short sale will the note be discharged with bankruptcy?

short notes fo earning


Would you have to pay monthly notes in filing chapter 7 on my vehicle?

You don't file bankruptcy "on your vehicle." You file bankruptcy to discharge all your debts. You don't get to pick and choose which creditors. But, secured creditors either have to continue to be paid or you have to surrender the collateral, in which case the balance due on the secured note would be discharged.


If you have a promissory note from a person who filed for bankruptcy can you still recover that money?

Not if the debt is included and discharged in the bankruptcy. If the debt is not discharged in the bankruptcy the lender(note holder)may take whatever actions are permitted under the laws of the state where the debtor resides to recover the money owed.


If you filed chapter 7 bankruptcy in 2003 and you and your spouse are about to lose your home can you file bankruptcy together?

Yes you can file bankruptcy. You cannot file another Chapter 7 again since you can't file it within 8 years of the previous Chapter 7, but you can file Chapter 13 since it is not subject to the 8 year rule. Also, Chapter 13 is the chapter many people use in foreclosure situations since it is designed to help people stop foreclosures and get back on track with mortgage payments. 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!


In what chapter of Death Note does lights father die?

Chapter 74: A fine Performance.


Car title is in two names what happens if one files bankruptcy?

If the loan note is not reaffirmed, the lender may choose to repossess the vehicle once the stay is lifted, unless the car is excluded from the BK and the payments remain current. In the event of default, the other party may reaffirm at any time with the lender. It is a good idea for that party to have possession of the unit though.


You signed for your daughter to buy a home she refinanced in her name onlyfour years later she is filing for bankruptcy are you responsible?

No; the note you co-signed was paid in full when she refinanced. Since you didn't co-sign the second note, you're not responsible for it. Even if she didn't refinance, if she filed Chapter 13 and is paying the note thru her plan, generally they can't come after you.


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