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Filing a Chapter 7 with 2 payments owing on your car how long do you have in getting it current before the creditor can take it if you plan on curing the default 30 days after filing?
When you file a Chapter 7 bankruptcy, you have the option to keep your home and 1 vehicle. If you are able to make the last 2 payments on the car, you can keep it and not include it in the bankruptcy.
If you file for bankruptcy and you cosigned for someone can the car loan be included in the bankruptcy if the person is not making their payments?
YES, you can include it whether the payments are current or not.
Even if you are current with your car payments should you give back my automobile during chapter 13 bankruptcy?
The simple answer is no. If you are current on your car note, then this is not the issue that lead to the bankruptcy. That you are paying it current may have contributed to your financial situation, but on the surface it is not a reason to surrender the vehicle. Either do not list it or reaffirm it with the lender.
If you are current with your bankruptcy payments will the IRS keep your income tax check?
No
Bankruptcy without losing home?
You can keep your home in a chapter 7, if it is determined that you do not have an equity position in your home that succeeds your state's statutory exemptions, as long as you continue to be current on your monthly mortgage payments.
How long can you stay in your home after chapter 7 bankruptcy in Illinois?
If, after meeting with an attorney, it is determined that you do not have an equity position in your home that exceeds the Illinois statutory exemptions, you will be able to keep your home in a Chapter 7, as long as you continue to be current on your monthly mortgage payments.
Can I file bankruptcy and keep my home?
If it is determined that you do not have an equity position in your home that exceeds the state statutory exemptions, you will be able to keep your home in a Chapter 7, as long as you continue to be current on your monthly mortgage payments
Do you have to sell your house if you file for bankrupsy?
Filing for bankruptcy does not automatically require you to sell your house. In many cases, individuals can keep their homes if they are current on mortgage payments and the equity in the home falls within state exemptions. However, this can vary based on the type of bankruptcy filed (Chapter 7 or Chapter 13) and individual circumstances, so it's essential to consult with a bankruptcy attorney to understand your specific situation.
Can you keep home in bankruptcy?
In the State of Illinois, you can keep your home while filing a Chapter 7 if it is determined that you do not have an equity position in your home that exceeds the Illinois statutory exemptions and continue to be current on your monthly mortgage payments.
Can the obligated parent discharge child support arrearages in a bankruptcy once the child reaches the age of 18?
If what you mean is can back owed child support payments be discharged in bankruptcy: NO. Regardless of how old the child is now. on the other hand if you mean to be included in the repayment schedule for a chapter 13 then yes. Child support arrearages can sometimes be included in bankruptcy. This pertains to arrearages only and not to current support due. A bankruptcy petition cannot override a court order of support and if arrearages are allowed to be included in a 13 the arrearages must be paid in full, not a percentage thereof, as is possible with unsecured creditors.
Bankruptcy and Home Ownership Laws?
If you ever have to file for bankruptcy, one of your main concerns will center on your home. While bankruptcy laws vary between states, most bankruptcy laws regarding home ownership are similar in their intents and their implications for you and your future. Most people think that they will lose their house if they have to file for bankruptcy. While this may be the case, often it is not and depends on what kind of bankruptcy protection that you are seeking. Under the United States Bankruptcy Code, individuals can file for either chapter 7 or chapter 13 bankruptcy protection from their creditors. Chapter 7 bankruptcy is bankruptcy in the traditional sense. After filing all of the pertinent documents, a court trustee with order that your assets be liquidated in order to pay off your creditors. If you still owe money after your possessions have been sold, many of them will be discharged by court order. On the other hand, chapter 13 bankruptcy protection is quite different. Rather than having your debts discharged, you will submit a repayment plan to the courts that explains how you will get out of debt and what you can afford to pay off each month. In essence, chapter 13 bankruptcy is a form of debt consolidation. If you are a current homeowner and file for chapter 7 bankruptcy, you may still be able to keep your home without being force to sell it or being foreclosed on by the banks. Depending in which state you reside, by filing for chapter 7 bankruptcy, you may be in breach of your mortgage agreements, which will allow the bank to foreclose on your home and proceed with an eviction. However, you may be able to qualify your home for an exemption by proving that the equity that you built into the home over the years cannot be accessed for liquidation very easily. If you can do this, you must also prove to the courts that you are financially capable of making your monthly mortgage payments. If not, then the banks can proceed with a foreclosure. Filing for chapter 13 bankruptcy will make it easier for you to remain in your home. Because as part of your filing you will agree to a repayment plan, you can file for bankruptcy without being in breach of your mortgage agreement. Any late mortgage payments that you owe will be included into the payment plan and you can continue making your normal, monthly mortgage payments.
Does reaffirmation apply to ch 13 And if so and your mortgage was not reaffirmed can the mortgage company foreclose if mortgage payments are current How about after discharge of the debt?
Reaffirmation does apply to Chapter 13 bankruptcies, and the benefit of filing a Chapter 13 case is that you are usually able to retain your home (as opposed to a Chapter 7 case, where all of your assets are normally sold). Customarily, the debtor and lender enter into an agreement within the bankruptcy to cure the arrearages over a period of time while the debtor continues to make monthly payments. That said, if the debtor falls behind on the payments, the lender can petition the court for relief from the automatic stay and proceed to foreclosure. A lender may never foreclose if the mortgage payments are current and the debtor is in compliance with the other provisions of the mortgage. If your lender is foreclosing and you believe that you have made your payments on time (or adequately cured the arrearage in the bankruptcy), then you should contact an attorney immediately.
