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That you feel you can resolve your debts and satisfy your obligations without the help of the court.

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17y ago

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If you owe a thousand dollars to chapter 13 but are behind paying what will happen if you do not pay?

The trustee/bankruptcy court can dismiss the chapter 13. Creditors would then be able to pursue collection including filing a lawsuit.


Are recent debts accrued after filing a no asset bankruptcy case discharged along with listed debts?

If you are referring to a Chapter 7 bankruptcy, you are stuck with debts incurred after filing the bankruptcy unless your case is dismissed without a discharge and later refiled. In a Chapter 13 case, sometimes post petition debts can be paid through plan or the debts can be covered if you voluntarily dismiss the case and refile or convert it to a Chapter 7. In the case of a conversion to a Chapter 7, it would cover all debts up to the date of the conversion. The reform laws that went into effect in October 2005 contain much stricter rules on cases where a bankruptcy has been dismissed and refiled to prevent "serial" filers. Before making a decison, you must consult a local bankruptcy attorney to decide if dismiss your case and refiling is a valid option for your circumstance. Finally, Chapter 7 cases are very difficult to dismiss voluntarily.


Is there a law that prevents getting a mortgage after Chapter 7 bankruptcy?

No. Such a law would violate bankruptcy law, which prohibits discrimination by reason of bankruptcy. The problem is usually getting a mortgage because of credit scores, which include many factors including the reasons for filing bankruptcy.


What is in chapter 7 for bankruptcy information?

In Chapter 7 bankruptcy, you would achieve the end ultimately faster, and basically be able to restart your financial life sooner. It is the most common form of bankruptcy and debts would be discharged months after filing the bankruptcy.


Once you filed Chapter 13 can you cancel it?

You can move to dismiss the case. It is rare that this would be a good idea. You can convert to a Chapter 7 or ask to have plan modified to the amount paid if your financial circumstances have deteriorated to the point you cannot complete the plan. Your debts will not be discharged if you have your case dismissed. Consult a bankruptcy lawyer.


How much would your payments be on chapter 13 bankruptcy on 100 000?

A chapter 13 bankruptcy on 100,000 dollars would cost around 500 dollars a month. This estimated on how much stuff a person has.


If I file Bankruptcy-7, will I be able to keep my 401k/ my home/ and my cay?

Chapter 7 is a liquidation bankruptcy, you are giving up your assets. If you want to keep your home and car you would need to file a Chapter 11 Bankruptcy.


Which bankruptcy is for a home?

You can file either Chapter 7 or Chapter 13 as a homeowner. If you are trying to save the home from foreclosure, then Chapter 13 would be the proper chapter.


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).


Would our judgment awarded by courts prior to defendants chapter 13 bankruptcy take precedent to the assets before the assets are taken in the bankruptcy?

No.


If you are in bankruptcy can you still purchase a new or used car?

If it is chapter 7 and has not been discharged then, no. If it is a chapter 13 then the bankruptcy filer would need the permissin of the trustee to make any major financial transactions.


Can you claim a chapter 13 bankruptcy if you have any equity in your house?

Yes. That is probably one of the times this would be the correct Chapter to use.