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Will chapter 7 bankruptcy stop a foreclosure in California?
Yes, temporarily. Filing for bankruptcy protects your from collection actions taken by your creditors, including foreclosure during the proceedings.
What are the difference between Chapter 7 vs Chapter 11?
The difference between Chapter 7 bankruptcy and Chapter 11 bankruptcy is what happens to a party during the process. Parties undergoing chapter 7 bankruptcy must sell of their assets in an attempt to pay off dept. Chapter 11 allows for one to attempt to maintain their assets. During chapter 11 bankruptcy the party must negotiate with creditors to stay afloat.
What is filing bankruptcy?
Bankruptcy is a legal tool individuals and companies use when they are no longer able to repay debits. In the United States their are two sorts of personal bankruptcy. 1) Chapter 13 Bankruptcy, or reorganization Bankruptcy lets an individual work with their creditors to pay back debts without the threat of foreclosure or harassment. This lets someone do the right thing and pay people back. 2) Chapter 7 Bankruptcy is a more extreme step. During Chapter 7 one continues to make essential payments while paying nothing to other creditors. Next, all assets are liquidated and distributed to creditors.
What does bankruptcy do to you?
Personal bankruptcy can do two things. 1) Chapter 13 Bankruptcy, or reorganization Bankruptcy lets an individual work with their creditors to pay back debts without the threat of foreclosure or harassment. This lets someone do the right thing and pay people back. 2) Chapter 7 Bankruptcy is a more extreme step. During Chapter 7 one continues to make essential payments while paying nothing to other creditors. Next, all assets are liquidated and distributed to creditors. Bankruptcy is the really last resort and only you know whether you go to this route. I have filed bankruptcy and it worked well because of the help from the financial advices. http://freshstartsolutions.com.au/bankruptcy/ It is really important to seek an advice before making decisions.
Can should your spouse get a job after filing bankruptcy chapter 7 but before the meeting of creditors?
You can switch jobs at any time during bankruptcy. The tax returns for the previous year are usually used when figuring income in bankruptcy. It is doubtful the new income would be a factor.
How likely is it that the court will approve the purchase of a new home during a chapter 13 bankruptcy?
It depends on how the home purchase will impact your creditors. If you you payment will be doing up, then you will have less money paid to your creditors under the Chapter 13 plan. On the other hand, you might get approval if the purchase won't lower the amount of money creditors would receive under the plan.
Which type of bankruptcy is available to all businesses but is usually used by corporations to put a stay on creditors while allowing the company to reorganize with the company sometimes continuing to?
The type of bankruptcy you're referring to is Chapter 11 bankruptcy. It is available to all businesses, including corporations, and allows them to reorganize their debts while providing protection from creditors. This process enables the company to continue its operations during the restructuring phase, often resulting in a plan to repay creditors over time.
During chapter 7 can the creditors take your house in South America that you bought for 20k?
No, the creditors can't take the South America property. But, the Bankruptcy trustee can. The only exemption for real property is a homestead exemption and obviously your homestead cannot be in South America if you are filing bankruptcy in the US. So this property would be taken by the trustee and liquidated to pay your creditors. Directly the creditors can't take the property. Failing to list this property (Hey, it is in South America, how will they know????") can lead to charges of Bankruptcy fraud if found out. It is possible that the trustee would allow you to make a monetary offer to keep the property, especially as selling a foreign property is not easy. You would have to provide a valuation of the property proving the value to the trustee.
With a voluntary chapter 13 dismissal how long do you have before the creditors attempt to collect debt?
In a voluntary Chapter 13 dismissal, creditors can typically resume collection efforts immediately after the case is dismissed. There is no waiting period; the automatic stay that protected you from creditor actions during the bankruptcy proceeding is lifted upon dismissal. Consequently, creditors can initiate lawsuits, wage garnishments, or other collection activities without delay. It’s advisable to consult with a bankruptcy attorney to understand your options and plan your next steps.
When you go bankruptcy do you have to put up your house for collatoral?
In most cases you will not lose your home during your bankruptcy case as long as your equity in the property is fully exempt. Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to creditors in chapter 13.
Can college debt be included in a bankruptcy?
No. Educational loans will remain with your during and after the bankruptcy is completed. This holds true regardless of whether you decide to file for Chapter 7 or Chapter 13 bankruptcy.
Is a revolving credit card account considered past due if it was part of a Chapter 13 bankruptcy?
A revolving credit card account included in a Chapter 13 bankruptcy is not considered past due as long as you are making the required payments according to the bankruptcy repayment plan. During Chapter 13, your debts are reorganized, and creditors must cease collection efforts. However, if you fail to make the payments outlined in the plan, the account could become past due. Always consult with your bankruptcy attorney for specific guidance related to your situation.
