Yes. Most secured property such as a home and/or vehicle can be kept if the lender agrees reaffirmation of the property. The homestead exemption is also a deciding factor in what happens to a house in a total liquidation BK.
Chapter 7 bankruptcy involves liquidating assets to pay off debts, while Chapter 13 bankruptcy involves creating a repayment plan to pay off debts over time. Chapter 8 bankruptcy does not exist in the U.S. bankruptcy code.
The chapter 13 petitioner/participant must receive the approval of the bankruptcy trustee for all major financial transactions.
I'm currently in my third year of chapter 13 repayment, I was going to go back to schools full time night time program, looking for advsie on trying to pay for it, also I make over 60,000, but my chapter 13 repayment is based on this amount
In Chapter 13 bankruptcy, borrowers typically reorganize their debts and may be able to include the repayment of private mortgage insurance (PMI) in their repayment plan. However, it ultimately depends on the specific terms of the bankruptcy plan and the court's approval. If the PMI is tied to the mortgage, it may need to be repaid, while other debts may be discharged. It's advisable for borrowers to consult with their bankruptcy attorney for tailored advice.
When participating in a Chapter 13 BK repayment all major financial transactions must have the approval of the bankruptcy trustee. If the person does not clear the action with the trustee the "13" can be dismissed with prejudice.
Yes, you can seek help with home repairs while in Chapter 13 bankruptcy, but it may depend on your specific financial situation and the terms of your repayment plan. It's essential to prioritize necessary repairs, especially if they impact the safety or livability of your home. However, any new debts incurred for repairs may need approval from the bankruptcy court. Consulting with your bankruptcy attorney can provide guidance tailored to your circumstances.
Parking tickets cannot be discharged under Chapter 7 bankruptcy. They can, however, be discharged under Chapter 13 bankruptcy. Chapter 7 bankruptcy is known as "liquidation" bankruptcy. This generally means that all of a debtor's non-exempt property may be sold by a bankruptcy trustee, though the laws for property exemption are different in each state. For example, in New York, most debtors are able to keep all of their property. Chapter 13 bankruptcy is a 'reorganization of debts', and allows the individual to keep their property and income while paying off all or part of their debt over a three to five year period. In the case of a Chapter 13 bankruptcy filing, the parking tickets can be considered "unsecured" debts (similar to credit cards and medical bills), and can thus be treated as such for repayment.
Yes, and if things don't work out, you can refile.
Yes, you can apply for federal student loans while under Chapter 13 bankruptcy. Filing for Chapter 13 does not affect your eligibility for federal student aid, as the loans are not considered income. However, it's important to ensure that your repayment plan is manageable alongside any new student loans you may take on. Always consult with a financial advisor or bankruptcy attorney for personalized guidance.
Yes, a person can start a business or corporation while in the midst of a Chapter 13 bankruptcy case. If you are looking for start-up funding, you will have to ask the bankruptcy court for permission.
Bankruptcy arrangements typically involve a formal process where an individual or business seeks relief from debts they cannot repay. This can include Chapter 7 bankruptcy, which liquidates assets to pay creditors, or Chapter 13 bankruptcy, which establishes a repayment plan over a specified period. The process is overseen by a bankruptcy court, and it aims to provide a fresh financial start while ensuring fair treatment for creditors. Additionally, alternative arrangements like debt restructuring or negotiation may also occur outside of formal bankruptcy proceedings.
While participating in a Chapter 13 bankruptcy, no major financial transactions are allowed w/o the permisson of the bankruptcy trustee.