When you file for Chapter 7 bankruptcy, you are responsible for listing all of your debts. Some debts are generally not dischargable (i.e. child support, most taxes, student loans, secured debts, etc.). When you receive a discharge for dischargeable debts, the discharge generally applies to debts listed in your bankruptcy filing and any subsequent amendments. The discharge does not apply to date incurred after you filed bankruptcy and generally does not apply to debts that you failed to list in the bankruptcy.
Chapter 7 bankruptcy is a final liquidation of the company. Assets are sold off to pay debt. Chapter 11 bankruptcy is a rehabilitation bankruptcy. The company (or individual) is given a chance to retain their assets and get their financial status back on firm footing.
You can file chapter 7 bankruptcy and reaffirm your mortgage. Your mortgage company is not required to reaffirm your mortgage however, it is their final decision.
You don't receive a "final decree" in bankruptcy court. For a c. 7 you first get an Order of Discharge, which discharges all dischargeable debts. Then you get a notice that your case was closed. For a Chapter 13, the C. 13 Trustee must first file a report that the plan has been completed. In many courts you must then file a motion for discharge, also certifying whether you are paying any child support. Then you get your order of discharge and, later, notice of case closed.
It's final after the BK has actually been discharged.
Personal? Business? Chapter 7? 11? 13?
when doe the lawyer file a motion for a discharge
You will receive a letter that your bankruptcy is discharged. You can also call the bankruptcy court or the trustee and find out if it is final.
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.
Yes, the former spouse can discharge any liability for any 3rd party debt attributed to that person in the divorce judgment. However, alimony and child support orders are NOT dischargeable.
No. The lawyer does.
Chapter 11 suggests that a business is not doing too well, indeed, may well be on the verge of bankrupcy; however, all is not lost, as Chapter 11 is not final and gives the company a chance to reorganise and perhaps survive.
Immediately provided you are not married currently or divorce is final if there is a first wife. BK does not relate to marriage in any way.
Probably not, since the divorce has been finalized. Although some states have bankruptcy laws that do include joint debts in this type of situation. W/O knowing the state of residency more specific information is not possible. You could consult the state bankruptcy laws for information that might pertain to this issue. I am not aware of any State that lets a person file bankruptcy with an ex-spouse since it is the Bankruptcy Code that determines who may file bankruptcy, not the individual States. The Bankruptcy Code states in 11 U.S.C. § 302(a) "Joint Cases" that "A joint case under a chapter of this title is commenced by the filing with the bankruptcy court of a single petition under such chapter by an individual that may be a debtor under such chapter and such individual's spouse... ." Therefore, people who are not spouses (i.e. divorced) cannot file a joint bankruptcy in any State regardless of the joint nature of the debts. Persons who are in the middle of divorce (so that the divorce is not final) may file bankruptcy together so long as the bankruptcy filing date occurs prior to the divorce being final. If the divorce becomes final during the pendency of the case, this is okay so long as the bankruptcy was filed before the divorce was final. 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.
i believe that Bankruptcy planning should be done before the final divorce decree is obtained. This way your required payment of joint debts may be discharged without violating a court order.
The Final Chapter was created on 1997-11-11.
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.
Yes, Shrek: The Final Chapter was in 3D.
Shrek the Final Chapter came out May 21, 2010.
The distribution should be made as soon as the final judgment is issued.The distribution should be made as soon as the final judgment is issued.The distribution should be made as soon as the final judgment is issued.The distribution should be made as soon as the final judgment is issued.
I think you can :-)
well it does say the final chapter.....so maybe or maybe not...who knows??
The U.S. Congress established federal bankruptcy laws so that honest but unfortunate debtors could make a fresh start. While any bankruptcy filing must be made in federal court, your local judicial district administration and bankruptcy judge will process your filing.Step One: Filing DecisionsDetermine what type of bankruptcy filing you should make. The six standard types of filings are: Chapter 7-- Liquidation; Chapter 13--Adjustment of Debts for individual wage earners; Chapter 11 Reorganization; Chapter 12 Adjustment of Debts for farmers and fishermen; Chapter 9 Adjustment of Debts for municipal entities; and Chapter 15 Ancillary and cross-border insolvency. Chapter 7 is one of the most common types of bankruptcy filed by private citizens.Step Two: Filling Out the FormsObtain the required forms from your bankruptcy lawyer, or if you are representing yourself, download the correct forms for your judicial district online at http://www.uscourts.gov/bkforms/index.html. Included in the paperwork is a petition for the discharge of your debts, a schedule of your assets and liabilities, a financial statement, and a list of your existing, unexpired leases. Also, you must include copies of your tax returns and pay stubs, a certificate of credit counseling, and a debt repayment plan.Step Three: File for BankruptcyFile your completed forms with the federal court in your jurisdiction, or if you are represented, have your lawyer do the filing. Unless you have already arranged to pay the court fees in installments, you must submit the case filing fee of $245, a $39 administrative fee, and a $15 trustee fee upon submitting your paperwork. These fees are accurate as of June 2011, but consult your lawyer or court clerk for verification.Filing a Chapter 7 bankruptcy petition automatically stops debt collectors from trying to collect.Step Four: Attend the Creditors MeetingPresent yourself at the official meeting of creditors. After a period ranging from 21 to 40 days, your trustee will contact you or your lawyer with the date and time. You must answer any questions under oath, and provide any additional records your trustee requests.Step Five: Wait for the Final DischargeWait for the bankruptcy to become finalized. Most bankruptcy courts take approximately 60 to 90 days after the initial filing to complete a Chapter 7 bankruptcy filing. According to the federal courts, 99 percent of Chapter 7 filings are granted full discharge of debts.
A discharge is normally the final step saying "All your debts are discharged" ie: no one can collect on those debts anymore. It is what you were waiting for if you filed. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.