If it is the S corp going BK it does not effect your personal assets, except to the amount you own in the S corp or co-signed loans for it.
From my understanding after filing Chapter 7, our house was not reaffirmed, but the mortgage company clearly states that as long as the payments are kept up they will not take action against the house and if they do, their interest is solely in the house, not contents.
If a car is leased, you can keep it as long as you are paying it on time.
This is largely dependent on the chapter of bankruptcy that you're filing under. Is it for an individual? Is it for a business or a corporation. I will take the most common type of bankruptcy-Chapter 7-for an example. Under Chapter 7, the bank is technically allowed to take personal assets and property and liquidate it/them in an attempt to pay back debtors. But there are a number of exemptions and for many people, they do not lost personal items after filing for Chapter 7. Common exemptions when filing for bankruptcy include tools of the trade-such as a car that is used to commute to and from work-and clothing under a certain dollar amount. The article below lists many of the possible exemptions for different chapters.
If you are unable to make the mortgage payments, you will lose the house to foreclosure- there is nothing you can do at that point. The only option would be to convert to a chapter 7 to discharge any other non-mortgage debt. If you want to keep the cars (or any secured debt for that matter) you will need to KEEP making those payments.
You file a motion to convert to chapter 7. If you are eligible, then the court should grant it.
As long as you continue to pay your car note, PROBABLY not. Do not, fall behind on your payments though, ot it WILL be re-possessed.
the stockholders of a corporation can lose only what they have invested in the corporation
If you have to ask...it absolutely should be which ever one your LAWYER suggests.If you have to ask...you probably can't do the filing properly anyway...and will not get the result you think, or is best, and may well commit errors, even criminal ones when filing.Answer:Usually you would want to file a chapter 7 if at all possible so that you don't have to be pay on a plan for three to five years. On the other hand, sometimes you have to file a chapter 13, and sometimes it is best to file a chapter 13 so that you won't lose property that you would otherwise lose in a chapter 7. Most chapter 7 debtor's don't lose anything in a chapter 7, but it just depends on what kind of asset you are talking about and where you are located.
Yes, if your equity in the house is greater than the exemption you can use and you cannot pay the trustee the difference, or if there is no mortgage on the house and its value is more than the exemptions. If you are current with your mortgage when you file and get behind on your mortgage during the chapter 7, the mortgagee can foreclose. Consult a local bankruptcy lawyer.
Not unless your bankruptcy did the right things to allow you to keep it. If you are not in arrears in your mortgage payments before filing, you have to continue making the payments - preferably before the due date. If you are in arrears, you must file a chapter 13, with a plan to pay the arrears and whatever part of the unsecured debt you have to pay. Once the plan is completed, you can keep your house. If you get behind in your post-petition payments due, the bank will apply for relief from the automatic stay and you will lose your house.
No, filing for bankruptcy does not discharge or reduce the principle on student loans, though the bankruptcy process may put 'recovery attempts' on temporary hold. Regarding mortgages, filing bankruptcy will potentially discharge your debt, though you may lose your home unless you choose to file a Chapter 13, which will allow you to consolidate debts and retain your home if you so choose.
Probably there are much more chance that you will be loosing your house and vehicle by converting from chapter 13 to chapter 7 bankruptcy. There is a $25 conversion fee that has to be paid to the court. Depending upon the status of your chapter 13 case.