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Why did the attorney tell us it would be seven years for a Chapter 7 bankruptcy?
Wiki User
∙ 16y ago
By law, a person (or couple) can only declare bankruptcy every seven years.
If you go through with a Chapter 7 bankrupcy, it will take 7 years for it to rotate off of your credit history.
Wiki User
∙ 16y ago
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Can you get a repossessed car back by filing chapter 7 or 13 bankruptcy in Arizona?
This would be best answered by a good bankruptcy attorney who knows Arizona law. I believe no matter what you do bankruptcy or not, they will get the car, it does not wipe your credit clean.
Does bankruptcy attorney keep rental property income?
The answer to this question depends on whether you are filing Chapter 7 or Chapter 13 bankruptcy. In Chapter 7 bankruptcy, if the rental property has equity, meaning that the value of the property exceeds what is owed on the property, the trustee would almost definitely seize property and sell it to satisfy some or all of your unsecured debts.
Can a non-profit file bankruptcy?
If it is a corporation, it can. Like all corporations, it cannot receive a discharge under Chapter 7. Most bankruptcy lawyers, if the corporation will not benefit from a Chapter 11, would probably not recommend bankruptcy for the corporation, but the organization should discuss this with an experienced local bankruptcy attorney.
Can a debt collector still collect your debt if you file chapter 13?
No they cannot, as long as you included them in your bankruptcy. They would be in violation of Federal Law, and liable to suit and possible penalty from the bankruptcy court. The bankruptcy attorney, or the trustee should be notified about any collections on a bankruptcy account.
How do you file a bankruptcy?
You would first want to find an attorney to represent you, then start referring creditors to the attorney. Then file-or if you have a lawyer, he or she will do it-a bankruptcy petition for whichever chapter you have decided on/qualify for. Then you will meet with all of your creditors, your attorney, and possibly a bankruptcy trustee. If you are filing on your own, you will want to do a large amount of research on how to go through this process. The article below goes into more detail on the process.
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.
Can you keep your RV in bankruptcy?
You have not provided enough information to answer that question. Such as, are you living in it now? It is there a loan on the RV. What is the RV worth? Are you filing a Chapter 7 or 13? There are lots of questions to answer regarding your concern. I would advise that you contact an bankruptcy attorney and NOT try to file a bankruptcy yourself, if you are trying to keep an asset.
What bankruptcy should you file?
The type of bankruptcy that you file all depends upon your personal case. If you have little in the way of assets and a lot of unsecured debt, then Chapter 7 is likely going to be the Chapter to file. If you are trying to save a home from foreclosure or reorganize other types of debt, then Chapter 13 would be your best choice. Consult with an attorney to make certain you are filing the proper Chapter for your particular case.
Will you own your house after chapter 13?
You should consult a qualified bankruptcy attorney in your area as laws from state to state, and the federal courts in your area may have a take on something that the bankruptcy attorney would be aware of. Your home likely has a secured mortgage or loan that you used to purchase the house. This is a debt secured by the property and therefore will need to be paid to continue to keep the house. However, bankruptcy law can be complicated and you absolutely need to consult with an attorney. It is highly likely that there are nuisances and protections regarding your home and the debt on it that would be benficial to know prior to making a decision to file for bankruptcy and the attorney may have other ideas other than bankruptcy that you find more to your benefit.
Is it responsibility of the attorney to file a motion to avoid lien during the bankruptcy process?
Since most bankruptcy attorneys charge a flat fee, it is important to find out what specific services the fee covers. Your attorney would be the person to file the motion, on your behalf, during your bankruptcy if he or she is requested by you to do so. However, typically motions are not covered under standard flat fee retainers. Therefore, you would be charged an additional fee for this service. It is important for debtors who file a bankruptcy case under Chapter 13 to understand their rights and responsibilities. It is also important that the debtors know what their attorney's responsibilities are, and understand the importance of communicating with their attorney to make the case successful.
If your Chapter seven was discharged in 2002 when would you be able to file chapter 7?
In 2005, they passed a law saying you can't do it again for eight years. You also have to reside in the state for two years prior to bankruptcy.
Can you declare bankruptcy without an attorney?
It is possible to file bankruptcy without an attorney. But it would only be suggestible to those with a good comprehension of the current bankruptcy laws while keeping up to date with any changes to those laws. A person would have to how to submit all the complete information, dates of deadlines, which property they are entitled to claim as exempt as well as which property that are not entitled to, and finally what chapter of bankruptcy to file under. A result of not completely adhering to or understanding the law and procedures, could lead to a dismissal without debts being discharged. If a person does not have the comprehension to follow this whole procedure, it would be best to simply consult with an attorney.
