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What else can I help you with?
How does Chapter 13 Bankruptcy help a person?
There are many benefits associated with filing a Chapter 13 bankruptcy. The types of benefits that will result will depend on the facts of the case. Below is a few of the benefits available with filing a Chapter 13 bankruptcy.Pay Mortgage Arrears- You can set up a 3 to 5 year plan to pay mortgage arrears that are past due on your home. If you are in the process of being foreclosed and you are behind on your mortgage, you can set up a repayment plan for your mortgage arrears.Strip Second Mortgage- If your home value is below what you owe on your first mortgage and you have a second mortgage, you may be able to remove your second mortgage in a Chapter 13 bankruptcy.Pay Back Taxes- If you owe taxes to the federal and state government, you can set up a repayment plan through a Chapter 13 bankruptcy.These are just a few of the benefits that a Chapter 13 bankruptcy can provide.
Is a creditor allowed to collect on a debt discharged in bankruptcy filed thirteen years ago?
Absolutely not. That debt is null and void. First, make sure that debt was actually included on your bankruptcy filing, and was discharged properly. Second, send the debt collector a copy of the bankruptcy filing, and tell them to get lost. If they persist beyond this point, they are in contempt of the bankruptcy court filing. They are also violating state and federal laws by pursuing a debt that has no legal standing. File complaints with your local state attorney general's office, and think about suing them under the Fair Debt Collection Practices Act.
Can you get a second mortgage after filing bankruptcy?
Yes, as long as the bankruptcy has been discharged, your credit score is 580+, and you earn enough income to support the additional loan.
What are th steps to filing chapter 11?
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 pass the tests then the actual process of filing for bankruptcy will involve filing a two-page bankruptcy petition in which you identify your assets/property/debts etc. You will also meet with a trustee of the bankruptcy court who will go through your papers and conduct a creditors meeting. The process will take about 4-6 months.
Bankruptcy Attorneys Can Help You Start Over?
Few people look forward to filing for bankruptcy. This is a truly dramatic decision to make in your financial life. It is never easy, but there are times when it is the best option. Bankruptcy Attorneys can help you start a new future. The global economy has been troubled in recent years, and this has led to a series of layoffs in the U.S. and around the world. People are losing their jobs everywhere, and there are millions that are still unemployed. There comes a time when your finances are in such disarray that it is best to wipe the slate clean. Bankruptcy attorneys can help you decide which filing is best for your situation. A chapter 7 or chapter 13 bankruptcy are the two most common bankruptcy types. A chapter 7 filing allows you to wipe the slate clean totally. A chapter 13 is basically a repayment plan that is adjusted to fit your current situation. Legislation in 2005 changed many of the bankruptcy laws, it is important to find bankruptcy attorneys that are experienced with these new laws. The changes in these laws can make a big difference in your case. People do not have as much control over the type of bankruptcy they can file anymore. The court uses a certain calculation to determine your eligibility for filing. You must meet a certain income level before you can qualify for a chapter 7. If you do not, you will be permitted to file the chapter 13 bankruptcy. The new legislation also required filers to undergo some counseling. You must go through this financial counseling six months prior to filing for bankruptcy. Your bankruptcy lawyer can advise you on the different ways to accomplish this. Some classes are available online. There are two main financial counseling sessions that must be completed prior to your final discharge. The first session is prior to filing, and the other session is prior to be discharged. The court wants to be confident that you are ready to make better financial decisions the second go around. You can find bankruptcy attorneys by looking on the internet, talking to family and friends, or a referral service.
What were the chapter 7 bankruptcy laws in 2001?
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.
Can you file bankruptcy on a second mortgage and multiple credit cards?
It depends on what you want to do with the house secured by the second mortgage and which chapter of bankruptcy you file. First, regarding the credit cards, yes you can always file on multiple credit cards so long as they were not used in anticipation of bankruptcy. Generally it is a good idea to wait at least 90 days since any card was used before filing the bankruptcy case, and DO NOT make any charges once you think you may file bankruptcy. The run-up-the-cards-before-filing-bankruptcy technique many people think is so clever may be deemed fraud and can result in a federal lawsuit (called an Adversary Proceeding) and repayment of the debt plus attorneys fees. Second, regarding the second mortgage: If you want to keep the home, the second mortgage must be kept also UNLESS you are filing Chapter 13 AND the amount of the first mortgage exceeds the value of the home at the time of filing. So, in the vast majority of cases, if you file bankruptcy you are stuck with all mortgages if you want to keep the home. By way of example of the rare instance when a junior mortgage can be discharged in bankruptcy, say your home is worth $100,000, and you owe $101,000 on your first mortgage. If you file Chapter 13 (repayment plan), you can "strip" the second mortgage (and third, fourth, etc) since the amount owed on the first mortgage exceeds the value of the home. In Chapter 7, you have to keep all mortgages regardless of the value. Another example, say you owe $99,999 on the first mortgage and the home is worth $100,000, and you have a second mortgage on which you owe $50,000. The entire $50,000 second mortgage survives no matter what chapter of bankruptcy you file because it is secured by $1. Yes, only $1 can commit you to the entire second mortgage. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!
Can you keep your home if you file chapter 7 bankruptcy and owe more on your second mortgage than the first?
yes
Is it better or worse for your credit to let the bank foreclose on a mortgage of a second property while facing bankruptcy?
A foreclosure or bankruptcy is never good for your credit, this is something you'd be better off discussing with an attorney. You can avoid foreclosure by filing bankruptcy.
Does bankruptcy clear second mortgage loans?
Second mortgages can be discharged only in a Chapter 13 and only if there is no equity in the real estate for the loan to attach to.
Filed chapter 7 bankruptcy is second mortgage gone?
If you are keeping your house and you have a first and a second, your second will not go away. If you are letting your house go, then the first and second will go. If your house is more than or equal to your first mortgage and you file a chapter 13, then your second will be "gone" in the end.
If one declares BK for the second time how long will it be before the first drops from the credit file if there is almost 7 years between the two?
Bankruptcies come off of your credit report either 10 years or 7 years (depending on which Chapter was filed) after the Order for Relief is issued, and the Order for Relief is issued immediately upon the filing of the petition (signified by the "Relief Ordered" stamped on the front page of the petition upon filing (at least prior to electronic filing, nowadays there is no physical petition to stamp)). Therefore, the first bankruptcy will fall off your credit report 10 years after the date is was filed if it was a Chapter 7, and it will fall off 7 years after the date is was filed if it was a Chapter 13. The subsequent bankruptcy will not affect the date on which the first bankruptcy is removed from your report. To be more direct to the question, if you file the second bankruptcy 6 years after the first one was filed, then you will have 2 bankruptcies on you credit report for 4 years, after which the 10 years for the first bankruptcy will expire and it will be removed, and then you will still have the second bankruptcy on your report for 6 more years (at which time the 10 years runs on it, and it will be removed too). 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.
