To be or not to be
You may not be able to withdraw a Chapter 11 filing. You should talk to your lawyer to determine the best course of action.
PROBABLY if one is in a Chapter 13 and that debtor converts to Chapter 7, that debtor can re-file another Chapter 13 immediately after the Chapter 7 discharge. I say "probably" rather than "yes" for a few reasons: (1) There is no Bankruptcy Code section that prevents immediate filing of a Chapter 13 after a Chapter 7, but a creditor could object to the new Chapter 13 and argue that the debtor is abusing the Bankruptcy Code, an argument the Court may or may not be swayed by based on the circumstances of the case; (2) If a debtor voluntarily dismisses a Chapter 13 once a Motion for Relief from Stay has been filed in the Chapter 13 case, that debtor is automatically barred from re-filing another Chapter 13 for 180 days (see 11 U.S.C. 109(g)(2)). So, a creditor may argue that conversion to Chapter 7 is akin to voluntary dismissal and so the debtor should be barred from filing another Chapter 13 for 180 days if a Motion for Relief was filed in the prior Chapter 13 case (and I have no idea if such an argument would work for the creditor); and (3) Different districts may have different case law affecting the answer to this question, so it's probably best to consult a lawyer in your area. 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.
er,um, Sort of... The legal action of a Chapter 7 bankruptcy can show on your credit report for 10 years from its' date of discharge. Chapter 13 can also show for 10 years, but it is customary for those to be shielded from view after 7. Once again, the time period runs from the date of discharge, not the filing date. I disagree with The Credit Lady on one point: The 10 years (or 7 years in the case of Chapter 13) begins to run from the Order for Relief. The Order for Relief is immediately granted when a debtor files bankruptcy (i.e. the debtor is immediately protected from creditors), so the 10 years (or 7 years) begins to run from the filing date, not the discharge date. 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.
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.
From my understanding after filing Chapter 7, our house was not reaffirmed, but the mortgage company clearly states that as long as the payments are kept up they will not take action against the house and if they do, their interest is solely in the house, not contents.
You can obtain the California Prentice Hall Economics Principles in Action e-book from online retailers such as Amazon, Google Books, or the publisher's website. Alternatively, you can check with your school or local library for availability of electronic copies.
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What are the six principles of our Constitution and how do they protect the citizens of this country What are some examples of these principles in action
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Individual initiative in anything, including economics, is when a single person decides to take some action, and does so.
which action is inconsistent with ICS chain of command?
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By applying principles of right and wrong