A "motion to modify" a chapter 13 can be filed for almost any reason. Contact the BK trustee for the exact procedures required.
The length of time a discharged 7 or 13 bankruptcy can remain on a credit report has always been 10 years. A dismissed chapter 13 remains for 7 years a dismissed chapter 7 remains for 10 years. Therefore, no type of clause applies because the requirement has never changed. Bankruptcy laws and credit reporting laws are two entirely different issues.
A Chapter 7 bankruptcy is a "straight bankruptcy" where the assets are liquidated. This differs from Chapter 11 and Chapter 13 bankruptcies, where the company is reorganized. For more information see the related link.
Believe it or not, the ploy is called a Chapter 20! A so-called "Chapter 20" bankruptcy is the process filing of a "Chapter 7" bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments. The 2005 Bankruptcy Reform Act attempts to limit "Chapter 20" bankruptcies by imposing limits on the filing of successive bankruptcies. Under current bankrupcy law a Chapter 13 bankruptcy may be filed only once every two years, and three years must pass after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Some debtors attempt to circumvent this restriction by filing for Chapter 13 protection while the Chapter 7 petition is still pending. That option is not available in all courts. In a "Chapter 20" bankruptcy, debtors should be aware that missing even one mortgage payment after filing the initial "Chapter 7" petition may cost them their ability to save their home in a subsequent "Chapter 13" filing.
Ten Days That Unexpectedly Changed America - 2006 was released on: USA: 2 April 2006
A Chapter 12 lawyer is a legal expert who specializes in a particular type of bankruptcy known as Chapter 12 bankruptcy. Sometimes they may take on cases involving several different types of bankruptcy, and sometimes they may exclusively handle Chapter 12 cases. When an individual or a business ends up in a situation where its debt obligations are larger then its revenue, bankruptcy is a legal option that may be taken advantage of in order to prevent creditors from compensating assets. When bankruptcy occurs, it is often the result of difficult financial troubles, which may be the result of the economy as a whole or the financial situation of the debtor. There are several different types of bankruptcy. Chapter 12 protects farmers and fishermen. Since it is so specialized, it is often less well known than other types of bankruptcy. For an individual to legally qualify as a farmer of fisherman covered under Chapter 12, several conditions must be met. A Chapter 12 attorney can help identify if these conditions are met. First of all, the debts can not be greater than $1.5 million. A minimum of 80% of this debt must be farm or fishing related. A mortgage is not included in this figure. To qualify, the individual must also have earned at least half of their income from farming or fishing in the previous year. They also must be able to earn enough to make sufficient payments to be granted Chapter 12 bankruptcy. Farmers and fishermen often faced bankruptcy obstacles prior to the creation of Chapter 12 bankruptcy, which was created in 1986. Chapter 11 and Chapter 13 bankruptcy were inconvenient for farmers and fishermen to comply with. When Chapter 12 was introduced, many lawmakers felt that it was a temporary measure until more comprehensive laws were written for the other types of bankruptcy. It was originally set to expire in 1993, but the law was later changed. Chapter 12 bankruptcy is similar to Chapter 13 bankruptcy, but it has a higher debt ceiling. This is important because farmers and fishers incur much higher debts than typical workers during normal business operation. Chapter 12 bankruptcy allows a fisher or farmer to pay off debts within three or five years. In some circumstances, they may be given to opportunity to pay off these debts over a longer period of time. Chapter 12 bankruptcy is complicated to file and undergo, and it is virtually impossible without the assistance of a qualified legal representative.
The time limit for bankruptcy on a CR is 10 years, it will not be removed before that time expires. Six years is the criteria for refiling a chapter seven BK, although that will be changed to eight years on Oct 17, 2005.
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Ten Days That Unexpectedly Changed America - 2006 When America Was Rocked 1-5 was released on: USA: 11 April 2006
Bankruptcy laws changed dramatically in 2005 and make it considerably harder for people to file chapter 7 bankruptcy, those people who do not qualify for chapter 7 are left with the option of chapter 7. Some of the major changes with chapter 7 are:In a Chapter 7 bankruptcy, the income of the person filing will be subject to a two-part test. First, your income will be calculated with exemptions such as rent and food to determine whether you can afford to pay 25 percent of your unsecured debt such as your credit card bills. Second, your income will be compared to your state's median (middle) income.You won't be allowed to file for Chapter 7 if your income is above your state's median income and you can afford to pay 25 percent of your unsecured debt. Even if your income is below the state's median income and you can pay 25 percent of your unsecured debt, the court may still deny your Chapter 7 filing. There will be very few exceptions to this test, no matter how sympathetic your case is.
If you are filing bankruptcy, you should have a bankruptcy lawyer onboard, and this is a question for him or her to deal with. You do not want to go through a bankruptcy on your own, especially as the bankruptcy rules have changed.
Bankruptcy is a legal process that allows individuals or businesses who can’t repay their debts to either eliminate them or create a structured repayment plan under court supervision. While it can provide relief, it also has long-lasting impacts on your credit and financial future. Types of Bankruptcy (for Individuals in the U.S.) Chapter 7 Bankruptcy (Liquidation) – Assets may be sold to pay off debts. Most unsecured debts (like credit cards) can be discharged, but you may lose property. Chapter 13 Bankruptcy (Reorganization) – You keep your assets but must follow a court-approved repayment plan (usually 3–5 years) to pay back some or all of your debt. Bankruptcy vs. Debt Relief Programs Bankruptcy: Wipes out debt or restructures it, but stays on your credit report for 7–10 years. Debt Settlement: Negotiates with creditors to reduce balances without court involvement. Debt Consolidation: Combines multiple debts into one payment, usually with lower interest. When to Consider Bankruptcy You have no way to repay debts, even with reduced settlements. Creditors are suing or garnishing wages. You have more debt than assets or income can realistically cover. Pros and Cons Pros: Eliminates or restructures unpayable debt Stops lawsuits and collection efforts Offers a “fresh start” financially Cons: Severe impact on credit score Difficult to get loans or credit afterward Legal costs and court filings involved Stays on credit report for up to a decade Check Better Debt Solutions