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Debt and Bankruptcy

State of owing money to creditors. A person or organization is bankrupt when judged to be legally insolvent.

4,664 Questions

Should 94 year old in Home with no assets file bankruptcy on credit card debt?

Assuming you mean a nursing home, probably not. The main concern is that the lenders will sue as the statute of limitations on collection actions approaches, and the debtor will eventually have to go to court to explain why s/he cannot pay. Warrants may issue for his/her arrest if s/he fails to appear.

If the debtor is competent s/he should at least notify the creditors of the situation, which may prevent these problems. If the debtor is not competent, someone, preferably with a power of attorney or guardianship, should notify the creditors, certified mail, return receipt, of the debtor's situation, with a contact person/number to verify the information.

That may prompt the lenders to forgive the debt and issue a 1099 form showing the forgiven amount as income for that year. There is a form available on the IRS website to counter that with proof of indigency that can be filed with the 1099.

Will a chapter 7 drop off your credit report after 10 years?

It should be removed 10 years after the filing date. If not, notify the credit reporting bureau of their error in not removing it. If it remains, consult a bankruptcy or debt collection practices lawyer.

Can you keep your house after bankruptcy?

Many debtors have this common doubt can I keep my home after filing bankruptcy. The question for this answer is based on the factor determined by the current situation. There are two Chapters in bankruptcy legal process decides whether debtor can enjoy the full rights of having their private property. They are Chapter 7 bankruptcy and chapter 13 Bankruptcy. Chapter 7 bankruptcies rights are crafted in a form of legal structure that you need to walk away from home till you settle your debts. Chapter 13 bankruptcy illustrates individual can stay in their property but need to pay a small amount of mortgage on monthly basis to money lenders. If you have any queries regarding after filing for Bankruptcy process can you keep your house in safe manner or not visit websites like findlaw.com, bankruptcy.expert , lawyers.com to get a clear conclusion.

Will the trustee for chapter 13 take my bonus from work?

No, but there can be a request for turnover, meaning, if you submit that check stub showing the bonus, and it was not filed as exempt, you could be required to pay that to the court for eligibility of discharge.

Will a cosigner on a mortgage be notified if a borrower files for bankruptcy?

They should be, however if the petitioner does not list, they may not be notified. However, there are ways to verify if a petitioner has filed for bankruptcy.

If a merchant processes a credit card and the purchaser just filed bankruptcy do they have any liability?

The merchant has no liability. The purchaser/debtor may have problems discharging such a recent purchase debt, unless it was for necessities (food, clothing, shelter, medical care) and may be denied a discharge for all debts if this is a pattern with other creditors as well.

If make partial payment on home in foreclosure after 6 months will this delay foreclosure?

You should contact a Realtor who specializes in Short Sales so they can negotiate your situation with your bank to stop the foreclosure.

What are the rights of a cosigner when the primary filed bankruptcy then didnt pay the bankruptcy so the bankruptcy was dismissed?

As a cosigner, you are not at all protected if the primary signer files for bankruptcy. In many cases, filing for bankruptcy relieves the primary signer on the loan from his obligations towards the loan, at which point the lender will turn to the cosigner for payment. You'll either have to pay the loan or file for your own bankruptcy (if necessary).

Unfortunately, you're stuck with the loan regardless of whether or not the primary signer successfully completes his bankruptcy filling. You may want to contact a bankruptcy lawyer for some additional advice or assistance.

How does chapter 4 begins?

Bubbles and pop make the workd go round.

If your husband files bankruptcy can they take the wifes' possessions?

It depends on that State's laws, but usually, if the wife is not a co-signor on any of the debt's that the husband is filing, she is exempt. To be on the safe side, check with the bankruptcy lawyer filing the petition.

Are Flexibility issues are those which impact the debt capacity that a firm should maintain?

The debt capacity that a firm can maintain is based on expected profits from products and services. Flexibility issues determine the capacity of debt that a firm can maintain.

What happens when you owe a school money?

Unless you have some extreme circumstances, you will always owe education debt. By that I mean, that education debt is something that will remain with you until it is paid and will not be discharged under any type of bankruptcy scheme.

How much debt did Obama put us in?

The national debt was 10.6 trillion when Obama took office in 2009. It is now 16.7 trillion, a rise of 57%. Under Bush, the debt rose 38%.

While some believe Obama did not put us in any debt, blaming the Bush administration and Congress, and citing the extremely unpopular bank bailout and The Republican House voting repeatedly to increase spending for "corporate welfare and tax cuts for the rich" after the 2010 elections, the "Cash for Clunkers" and other programs, including the unpopular Affordable Healthcare Law, were passed under Obama's presidency.

While some point out that Obama reduced the number of federal employees, others counter that the Affordable Health Care Bill added more government positions.

There is also the issue of the Iraq and Afghanistan wars starting under Bush, but Bush is not responsible for the wars continuing under Obama, adding huge amounts to the national debt.

The bottom line is while neither president was totally alone in increasing the debt, after all Congress needs to get the "credit" that is due to them, the national debt increased under Bush and is increasing at an even greater rate under Obama.

Can you stop the property from going to foreclosure 2 days before it will be foreclosed on?

Yes, by paying the back payments. Also, filing bankruptcy prior to the foreclosure will normally put a hold on the foreclosure proceedings.

Can they repocess a car if you file bankruptcy?

Bankruptcy filing does not stop a car repossession. The contract you entered into most likely gives the lender the right to reclaim possession of the vehicle if you default on the terms. Depending on the bankruptcy chapter (7 or 13), you may either a) Have to pay the deficit over time, chapter 13 or b) have the deficit forgiven, chapter 7.

The deficit is the difference between what you owe (+ repossession and disposition fees) on the vehicle and what it brought at auction. The lender is required to get maximum value for the car at sale. Genrally, courts have held that wholesale value satisfies this requirement. Therefore, the deficit is likely to be quite large.

An example of identity foreclosure status?

this identity status represent a low degree of exploration, but a high degree of commitment. at this identity status the adolescence are not questioning, but simply accept it.

What is the difference between credit and debt?

credit is money and dept is where you owe someone or the bank alot of money did this help you?

What happens if you are in chapter 13 and your car gets repossessed?

If neither the lender or the repossession company is notified that you have filed, and they proceed in good faith, your car can be repossessed. If either knowingly violated the stay, you may be able to redeem the vehicle, and the bankruptcy court may fine the agencies who acted in violation.

Does foreclosure show on credit report after bankruptcy?

It does yes, but only for seven years after it happened. This is because the FCRA (Fair Credit Reporting Act) specifies that anything on your credit report can only be on it for seven years after inactivity. Inactivity means that you have not had anything to do with it. For example, lets say you had a delinquent credit debt and did nothing with it for seven years, it would fall off your credit report. But even if you paid 1 dollar to this debt 6 years and 364 days after it's date, it would be on for another seven years.

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