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No exceptions if the first C. 7 was properly handled and concluded. You can file a C. 13, which will trigger the automatic stay to prevent lawsuits, interest, etc., but you may not be entitled to a discharge if you are not paying 100% on the unsecured debt. It's comlicated, so consult a bankruptcy lawyer in your area.
What else can I help you with?
What can you filing under chapter 7 bankruptcy?
You must list all of your debt when filing for Chapter 7 bankruptcy. However, not all debts are eliminated. There are certain exceptions to discharge under the Bankruptcy Code. Your attorney will be able to advise you by looking at your total financial situation.
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 long after a chapter 7 bankruptcy can you file another chapter 7in the state of Tennessee?
Bankruptcy is Federal jurisdiction, therefore, the state has nothing to do with it. Usually, when you file bankruptcy, you cannot file for another 7 years, Period. No matter which state you live in.
What is the effect of bankruptcy chapter 7 on mortgage loan?
Chapter 7 bankruptcy is also known as total bankruptcy. It's a wipeout of many (or all) of your debts. Also, it might force you to sell, or liquidate, some of your property in order to pay back some of the debt. Chapter 7 is also called "straight" or "liquidation" bankruptcy. Basically, this is the one that straight-up forgives your debts (with some exceptions, of course).
Can you file chapter 7 again if you filed bankruptcy in 2001?
Yes, but new bankruptcy reform will become effective on Oct 17, 2005. Some previous filings may or may not be deemed retroactive as to when they can be filed, as the new law will change the time frame to eight years. It will also become very difficult to file a Chapter 7 bankruptcy if the debtor has any disposable income. IRS guidelines will be used to determine the type of bankruptcy that will be allowed.
Can a chapter 13 bankruptcy be dismissed if the petitioner dies?
Yes, a Chapter 13 bankruptcy can be dismissed if the petitioner dies. Typically, the trustee or another party involved in the bankruptcy case will file a motion to dismiss the case due to the petitioner's death.
Can you receive money as a gift after filing chapter 13?
Yes, you can receive money as a gift after filing for Chapter 13 bankruptcy. However, you must report this gift to the bankruptcy court and your trustee, as it could affect your repayment plan. The trustee may consider the gift as disposable income, which could lead to adjustments in your plan. It's advisable to consult with your bankruptcy attorney to understand the implications fully.
Can IRS take your refund if your in bankruptcy?
Yes, the IRS can take your tax refund if you are in bankruptcy, particularly if you owe back taxes or have not filed your tax returns. However, if your bankruptcy case is under Chapter 7 and you have unpaid tax liabilities, the IRS may offset your refund to cover those debts. In a Chapter 13 bankruptcy, your refund may be considered part of your disposable income and could be used to pay your creditors. It is essential to consult with a bankruptcy attorney for guidance specific to your situation.
I filed bankruptcy under Chapter 13. Student loans were discharged under hardship. Do I still have to pay them?
Chapter 13 is "reorganization" plan for payment. Student loans were within the plan for payment? or were they discharged within another bankruptcy? normally student loans are not dischargable, (11 U.S.C. sec. 523(a)(8) bankruptcy:) there are two exceptions: 1: loans are not from any governmental agency unit or non profit 2: paying the loan will impose an undue hardship to dependents.
If you filed chapter 13 bankruptcy and it was discharged can you file chapter 7 bankruptcy now?
Yes.
How soon after filing for a Chapter 7 Bankruptcy can you file another?
if your still in chapter 7 you have to get out first but you can file again check the laws in you state on chapter 7. laws has chang.
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.
