As long as your Lawyer says.
Chapter 7 in terms of law refers to when a person or person is filing for a certain and specific type of bankruptcy that is then referred to and known as Chapter 7.
A lawyer is actually one of the best resources for information about bankruptcy. There are even bankruptcy lawyers who specialize in Chapter 7 and Chapter 13 bankruptcy law.
Yes, you can, but be sure to check with a bankruptcy lawyer.
You cannot change my bankruptcy, but you can convert your Chapter 13 to a Chapter 7. It happens frequently. You may want to check with your lawyer or an experienced lawyer since it can have unintended consequences.
If you are in a chapter 7, you cannot sell any property without permission from the court and the knowledge of the trustee. Get a lawyer if you do not have one.
Bankruptcy filing fees can vary from one attorney to another. Chapter 7 filing fees average $300 and Chapter 13 averages around $280. Generally more experienced lawyers may have higher rates.
Finding a bankruptcy lawyer to be hired for free in the state of New York is no small task. However, the NYC Bankruptcy Assistance Project (NYC BAP) does staff lawyers who provide this service pro bono.
There are many different ways to go about hiring a chapter 7 bankruptcy lawyers. The yellow pages has many different listings with advertisements for lawyers. There are also places that offer legal aid that can direct one to a good lawyer that specializes in bankruptcy.
No. A Chapter 13 that is converted to Chapter 7 must have been ORIGINALLY filed at least 8 years from the prior Chapter 7. So, if you filed Chapter 7 in 2001, then filed Chapter 13 in 2005, you can't wait until 2009 and then convert the 13 to 7 since it was filed within 4 years of the prior 7. In this case, you would have to wait until 2009 and then DISMISS the Chapter 13 and re-file a new Chapter 7 after the 8 years from the prior 7 expired. 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!
Your lawyer should have told you. If you did not have a lawyer, you are presumed to know what the law and regulations provide. Shock when the law operates as it should means you thought you knew everything and did not. Too bad you cannot sue yourself for malpractice. If you had a lawyer, and his fee covered the conversion to Chapter 7, you may have a claim, but then the issue is, would it have made any difference?
If the business is a sole proprietorship, yes, since the bankruptcy is personal. For corporations, LLPs and LLCs, no.