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What else can I help you with?
Can you take your 401k out if you file chapter 7?
Your 401K account is exempt from creditors when you file BK. So leave the account alone. If you withdraw money and transfer it to another type of account, then the BK trustee can seize that money. Because of that, it is NEVER advisable to withdraw from your 401K when a BK is possible in the future.
How long can a trustee keep a case open?
A trustee can keep a case open anywhere from several months to several years if they discover assets. They are allowed time to collect the assets and then sell them. After that, they will notify and distribute the money to the creditors.
What do you do if you receive an inheritance shortly before your Chapter 7 meeting with the creditors?
Any money you inherit prior to a bankruptcy being discharged would have to be revealed to the judge and trustee assigned. These newly acquired assets would be factored into your financial picture and may be captured in whole or part to pay your creditors. It is possible that a sizable inheritance would cause your bankruptcy petition to be "thrown out". Consult with a competent attorney to learn the exact implications in your case and state.
How long does it take for a trustee to refund your tax refund after filing chapter 7 bankruptcy?
The tax refund goes into the bankruptcy estate. If your chapter 7 filing did not exempt the refund, the money will be used to pay the trustee and to pay your debts pro rata. That is, each creditor gets an amount equal to the percentage the debt is to the total indebtedness. You are not likely to get anything back, but if all the debts are paid off 100 per cent and the trustee is not entitled to any more money, the balance will be paid to you. The trustee should have decided what s/he is going to do. If you have a lawyer, s/he should discuss it with the trustee. You can also talk to the trustee or your case manager. I doubt you will get any of the refund, but make sure to stay on top of the issue and get notices of any trustee motions regarding these funds.
If you are not paying your creditors will you lose the money in your bank accounts in the bankruptcy?
Yes, once the bankruptcy is filed checking and savings accounts become part of the debtor's assets and the accounts will be "frozen" until the trustee determines the amount of funds that are not exempt under BK law and can be seized to pay creditors.
When a bankruptcy case is dismissed for missed payments what happens to the money already paid into the plans?
If the court has already confirmed the chapter 13 plan then the money already paid is distributed to the creditors. Basically, since the case was not discharged, you still owe the debt, so you made payments towards the debt while in bankruptcy. If the plan was not yet confirmed by the court, the money is returned to the debtor by the trustee save for a small amount for the trustee's expenses (trustee would ask for this in his motion to dismiss). Money would not be distributed to creditors by the trustee until after the proposed chapter 13 plan is confirmed.
Why can a trustee take your income tax return if you are filing a chapter 7 bankruptcy which relieves you of your debt and does the trustee give the money to the creditors?
The trustee may take the refund and distribute it to creditors because a tax refund is not considered an exempted asset under bankruptcy laws.
Can the Trustee take money after the bankruptcy is dismissed?
NO....DUHHHHHHHHHHHH
What happens to the money you did pay to chapter 13 trustee and could not keep up payments?
They are considered "lost", you will not get that money back, but your debt to the individual creditors will be reduced by what they had received in 13 BK.
Can you withdraw from a 401K without consequence while in chapter 7 bankruptcy in Washington State?
NO, and you shouldnt. Pension and 401 accounts are out of reach of creditors. If you are to withdraw from your 401, that money would be subject to seizure by the trustee to pay off your creditors.
One month after your chapter 7 debts were dismissed you won some money would you have to contact the trustee?
Technically, a "dismissed" Chapter 7 case does NOT discharge your debts; but you say "debts were dismissed", so I assume it's a true discharge (like most bankruptcies). If you mean "won" as in winning a sweepstakes or lottery, the trustee can't touch it since you weren't legally entitled to it when you filed. However, if you won a lawsuit over something that occurred before you filed, it should have been included in your estate; unless it was exempted in your filing (rare), the trustee is entitled to it.
Does any money you receive ie ppi repayment go to creditors if you are declared bankrupt?
You are not "declared bankrupt." You file (for) bankruptcy (protection) and get a discharge. If you cannot exempt the ppi reimbursement, it goes to the trustee, who will pay the trustee fee and distribute whatever is left to the creditors.
Can you file chapter 7 with money in a savings account?
Chapter 7 is total liquidation, so basically you present the court a total financial picture of yourself, assets and debts. The court will distribute what it can of your assets to your creditors. In my case, I had no assets but the court took my 2700 tax refund and distributed it. So my answer is yes, they would force you to hand over the funds to the trustee.
Will they take your horses if you file for bankruptcy?
It depends. If you file Chapter 7, your attorney will help you with exemptions that may OR may not cover your horses; if not covered, the trustee may take them. If you file Chapter 13, generally no; your creditors will be paid from future income.
Money from creditors when you file chapter 13?
go to www.beatlandscreditrepair.com they have a lot of information about bankruptcies.
What can a trustee take during chapter 13 bankruptcy?
Money for your plan payment, tax refunds.
Can you take your 401k out if you file chapter 7?
Your 401K account is exempt from creditors when you file BK. So leave the account alone. If you withdraw money and transfer it to another type of account, then the BK trustee can seize that money. Because of that, it is NEVER advisable to withdraw from your 401K when a BK is possible in the future.
