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Answered 2006-08-17 17:31:32

The length of time a discharged 7 or 13 bankruptcy can remain on a credit report has always been 10 years. A dismissed chapter 13 remains for 7 years a dismissed chapter 7 remains for 10 years. Therefore, no type of clause applies because the requirement has never changed. Bankruptcy laws and credit reporting laws are two entirely different issues.

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Can a chapter 13 bankruptcy be dismissed if the petitioner dies?

Yes.


When can you file a chapter 7 bankruptcy if you had a chapter 7 discharged in December 2001?

The bankruptcy petitioner can file another chapter 7 8 years after the date of filing of a previous chapter 7.


How do you buy a house while in a chapter 13 bankruptcy?

The chapter 13 petitioner/participant must receive the approval of the bankruptcy trustee for all major financial transactions.


Chapter 7 discharged bankrupcya cousin is now trying to take you to court for money that you borrowed a year before you filed for bankruptcy are you protected under the bankruptcy?

If you included it in your bankruptcy, you're protected by the discharge. If you didn't and you're already discharged from Chapter 7, you may not be protected. I suggest you discuss this with your bankruptcy lawyer.


If I convert from chapter 13 to chapter 7 will I lose both my vehicles?

The petitioner will be allowed to keep whichever vehicle is protected by the state or federal exemption.


When filing bankruptcy chapter 7 will they come after your 401k?

No. Never. It is exempt and protected.


Can a veteran's disability be garnished for chapter 13 bankruptcy in Georgia?

Chapter 13 (and all) bankruptcy is Federal Filing. And, no, usually Vets benefits are protected under bankruptcy. See an attorney familiar with these matters.


Would assets in an inherited ira be protected from creditors in a chapter 7 bankruptcy?

No the IRA would no longer be protected having been inherited.


How much are the payments on a chapter 13?

The petitioner submits the repayment schedule/plan to the court and the court decides whether or not it is acceptable. The best option for the petitioner is to retain a qualified bankruptcy attorney rather than self-filing, as the forms, required documentation and so forth can be complicated to say the least. If the petitioner qualifies for the bankruptcy he or she should be aware that they will be placed on a very strict budget, which is one reason so many people fail to complete a chapter 13 BK ("Adjustments of Debts of an Individual With Regular Income").


Can an individual dismissed from Chapter 13 bankruptcy refile for bankruptcy?

You can file a Chapter 7 bankruptcy.


If you filed a Chapter 13 in California and now live in Texas can you dismiss that case and file a Chapter 7?

No. Bankruptcy is not a state governed court. All bankruptcies are filed in Federal Courts. Once the Court has made a ruling it will stand. The judgment is valid in All 50 States. Sorry. Yes. Many states have opted out of federal bankruptcy filing, some states allow the petitioner to choose whether they want to file a state or a federal bankruptcy. The best choice obviously is the one that is most advantageous for the petitioner. A chapter 13 can be converted into a chapter 7 if the BK petitioner can show the trustee that they cannot meet the requirements for the original 13 filing, regardless if it is a state or federal filing. Because of the strict exemptions allowed in a Chapter 7, it would be prudent to seek legal counsel before taking any action.


What is the definition of Chapter 11 bankruptcy?

Chapter 11 bankruptcy is actually a chapter in the United States Bankruptcy Code, it permits reorganization under the Bankruptcy laws of the United States.


If a spouse files for bankruptcy will assets such as property that are in the name of the of the other spouse only be seized?

Property belonging to the bankruptcy petitioner is subject to seizure and liquidation in a chapter 7 bankruptcy unless it is designated exempt under federal or state law. Jointly owned marital property is subject to seizure depending upon the state in which the bankruptcy is filed and status of the property in question. Property only in the name of the non filing spouse cannot be seized by the bankruptcy court or attached by creditor action unless the married couple reside in a community property state (and that can sometimes be subject to appeal. Chapter 13 is a consolidation bankruptcy in which the petitioner retains all their property as long as the terms of the 13 are followed.


How can you refinance your home for a lower interest rate while in a chapter 13 bankruptcy if you do not want to pay off the bankruptcy and do not want to 'cash out'?

While participating in a chapter 13 the petitioner cannot refinance, sell, transfer or otherwise real property without receiving permission from the bankruptcy court/trustee to take the action. Therefore the issues cited are not relevant until/unless permission is granted.


If inder chapter 13 and a new bill from current is going for a law suit can it be added to the chapter 13?

Question is unclear but - any debts which you incurred before bankruptcy filing but were not presented until AFTER your bankruptcy petition is accepted, are subject to the bankruptcy. HOWEVER - after the bankruptcy has been filed, you may NOT go out and incur NEW debt. Any newly incurred debt will NOT be protected by the bankruptcy shield.


What can you do if you are in Chapter 13 bankruptcy but still cannot manage your mortgage payments?

The only viable option would be to discuss the matter with the lender and hope that an equitable agreement can be made. In lieu of such, the petitioner should contact the BK trustee to find out if the Chapter 13 can be modified.


Can they repo your vehicle in an open chapter 13 bankruptcy?

No, this is not legal. When you filed the bankruptcy, you and your property are automatically protected under the "stay." The stay prevents any collections or repossession action for the duration of the bankruptcy, and will not be lifted until the BK is discharged or dismissed.


What is a chapter 7 bankruptcy?

A Chapter 7 bankruptcy is a "straight bankruptcy" where the assets are liquidated. This differs from Chapter 11 and Chapter 13 bankruptcies, where the company is reorganized. For more information see the related link.


If you filed chapter 13 bankruptcy and it was discharged can you file chapter 7 bankruptcy now?

Yes.


You are a cosigner and the debtor has filed chapter 13 what happens to your obligation?

You are protected during the term of his bankruptcy. If he does not resolve the debt under it, you will remain responsible.


How long does it take after a bankruptcy is discharged to show on your credit report?

The amount of time a bankruptcy stays on your credit report after discharge differs between Chapter 7 and Chapter 13 Bankruptcy. With Chapter 7 bankruptcy, the Chapter 7 stays on your credit report for 10 years. Chapter 13 bankruptcy, after discharge, it shows for 7 years on your credit report.


Where can one find Chapter 7 bankruptcy information?

Chapter 7 bankruptcy information can be found at US Courts, Corporate Bankruptcy, Lawcore, Personal Bankruptcy, Legal Helpers, NOLO, and Bankruptcy Help.


If you file bankruptcy?

What happens if you file bankruptcy differs depending on what chapter of bankruptcy you or your business decides to file under. The most common form of bankruptcy for the individual is Chapter 7. Under Chapter 7 bankruptcy, the banks may liquidate property and assets-except things that are explicitly protected. After this, most debts are forgiven-but not all, as certain debts do not qualify. Your credit score will then be severely damaged by the filing, but you will be free to slowly bring it back up as you will not be suffocated by debt. The article below goes into further detail on the process of bankruptcy.


If you default on a chapter 13 bankruptcy can you file for a chapter 7?

An unfortunate aspect of Chapter 13 bankruptcy plans is that the budget is very strict and hard to keep. An individual having problems with the chapter 13 bankruptcy can convert into a chapter 7 bankruptcy or re-file altogether. Make sure to look into the changes and different effects that a chapter 7 (as compared to Chapter 13) will have on you.


Can you protect a structured settlement in a chapter 7 bankruptcy?

Yes you can protect it under chapter 7 bankruptcy