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If you filed a Chapter 13 in California and now live in Texas can you dismiss that case and file a Chapter 7?
Wiki User
∙ 12y ago
No. Bankruptcy is not a state governed court. All bankruptcies are filed in Federal Courts. Once the Court has made a ruling it will stand. The judgment is valid in All 50 States. Sorry.
Yes. Many states have opted out of federal bankruptcy filing, some states allow the petitioner to choose whether they want to file a state or a federal bankruptcy. The best choice obviously is the one that is most advantageous for the petitioner.
A chapter 13 can be converted into a chapter 7 if the BK petitioner can show the trustee that they cannot meet the requirements for the original 13 filing, regardless if it is a state or federal filing.
Because of the strict exemptions allowed in a Chapter 7, it would be prudent to seek legal counsel before taking any action.
Wiki User
∙ 12y ago
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If you have recently moved to Colorado but have an unpaid speeding ticket in Texas can you get a new Colorado license?
If Texas has not already filed a suspension you will be able to. If they've already filed, probably not. Pay the ticket. It's just plain easier.
Which state has the least civil lawsuits filed?
Minnesota
How many points does chapter 7 bankruptcy take off your FICO score?
A LOT, but how much your score dives also depends on how high or low your scores were before you filed. Because the FICO scoring model is top-secret, there is no way to know EXACTLY how many points you will lose and because there are so many factors that determine your score.
If you are worse off in Chapter 13 than before you filed the Chapter 13 can you ask to have it dismissed?
Yes, but with new bankruptcy laws having been implemented it may prove somewhat difficult. The involved parties will need to prove to the trustee/court that they are unable to meet the obligation. More than likely the trustee will suggest the "13" be modified rather than dismissed. If the BK is dismissed the debtor loses all BK protection and creditors may pursue collection, repossession and lawsuits as the so choose.
Is usher still married to Tameka foster?
no, they filed for divorce in 2009
Can you cancel divorce proceedings?
If you filed the complaint or petition, you may dismiss it. If the other party filed the complaint, or if they filed a counterclaim, they would need to dismiss it.
If you live in California can you get a divorce in Texas?
To file in Texas, one of you must have lived in Texas for the last 6 months, and in the county where it's filed for at least 90 days before the Petition was filed. So, if you live in California but your spouse is in Texas, you can file where your spouse lives.
What is a responsive pleading?
A responsive pleading is one that responds to what another party has filed. An answer responds to a complaint. An opposition to a motion to dismiss responds to a motion to dismiss. An affidavit and reply must be filed to a motion to dismiss a case.
Can a chapter 7 be filed with an open chapter 13?
A Chapter 7 can be filed with an open Chapter 13.
What if you can't dismiss a chapter 13 after paying into for 5 years because of a previous chapter 7 filed will creditors still try to hound you?
This question makes no sense. The 13 should be dismissible by the debtor or the court. You may not be entitled to a discharge, but what was the point of the 13? You need to talk to your lawyer, and if you filed a chapter 13 without a lawyer and get screwed, well....
Can you dismiss a current chapter 13 if your wages have been cut?
You can dismiss a chapter 13 at anytime for any reason under the bankruptcy rules. Bear in mind that there may be reasons why you filed the chapter 13 in the first place. For example to save a house that was in foreclosure or because you filed a chaptert 7 previously and were not eligible to file another one. So if you need to stay in the chapter 13 amd your wage situation is just temporary, you might be able to suspend or halt the trustee payments for anywhere from one to four months. Check with your attorney or trustee on how to do this. Additionally, if you are otherwise eligible, you may just want to convert your chapter 13 to a chapter 7 bankruptcy and receive your discharge now. So, depending on your needs and circumstances, you can dismiss your case, suspend the payment or convert it.
If someone files chapter 13 in 2004 can chapter 7 now be filed?
if you filed chapter 13 and it was discharged in 2005 can you file chapter 7 in 2009
If you filed a chapter 13 in Texas and now live in Mississippi can you file a chapter 7?
Bankruptcy is Federal, not state. While your state of residence changes which federal district you are in, it does not change your eligibility to file.
Will it help your credit if you dismiss your Chapter 13 bankruptcy and start making payments to your creditors?
No, it will probably hurt your credit. The Chapter 13 is on your credit report for 7 years from the date the Order for Relief is entered, which is the day the case is filed. So, even if you dismiss it the credit hit from the 13 has already appeared on your credit (a 75 to 150 point drop). And, if you dismiss it, then all the creditors included in it suddenly come back to life and would start billing you, making your debt to income ratio worse. And, if you fail to pay them, then the late payments would make your credit even lower. Once a 13 is filed, it's best - creditwise - to finish it.
If a Motion for Relief from Stay is filed can the debtor file a motion for dismissal and sell the property to an interested party?
A Chapter 7 debtor can move to dismiss the cause for cause, but he or she must demonstrate that the dismissal will not be prejudicial to the creditors in the case. A chapter 13 is easier to dismiss, so could trying converting to a 13 and this dismissing the Chapter 13. Now SHOULD you do this? That depends on a number factors, including how much money you can get by selling the property privately without violating the creditor's rights.
How does a debtor in a Chapter 7 voluntarily dismiss his own case?
File a "Motion To Dismiss". Contact the clerk or court administrator where the bankruptcy was filed for information on the forms and procedure required in accordance with the state laws. If the BK was federal, then contact the clerk of the federal court where the action was filed. If the person was being represented by legal counsel then the attorney needs to be notified that the client is going to have the BK dismissed pro se or the situation can get very complicated.
Has testa corp filed chapter 11?
Chapter 11 is a type of bankruptcy that can be filed by both businesses and people. Testa Corp filed bankruptcy on October 11, 2013.
