If you file chapter 13 and its been dismissed and your financial situation changes can you file chapter 7?
140389
Yes.  So long as you are out of a chapter 13, you can file another chapter 13 or a chapter 7.  If you file the chapter 7, you cannot file another chapter 7 for seven years but you could file chapter 13 again once the 7 is discharged.  In fact, you can file chapter 13 bankruptcies indefinitely so long as you are no longer in the midst of another bankruptcy.
880305
if they wont work out a forebearance agreement,then contact a bankruptcy lawyer, call HUD now!!!! you nedd to prepare to move in case.....good luck
1097861
Yep, everybody everywhere.  Your attorney will send them a claim form, and if they return it they are added to your bankruptcy.  If you are filing 13, there is priority on who gets paid first, and the utilities may not get paid in the life of your bankruptcy.\n\nAs far as the utilities charging you what's on your bankruptcy, I'm not so sure that's true.  If a utility tells you that you have an old account, you tell them that it is included in your bankruptcy and they will start you a new account with a zero balance.
289695
That's a very good question.  And the answer is, in general, no.  You would have to file a complaint to determine dischargeability of debt alleging one of the grounds in Section 523(a) of the bankruptcy code.  And the cost of that complaint might be more than you would ever collect on the check.  But if they bounced a big check intentionally with the intention of defrauding you, for example, you might have reason to pursue that kind of case.
689125
I did it 10 years ago and it worked out for me but don't be misled.  There are 2 different bankruptcy clauses.  Chapter 13 and chapter 7.  One is based on a person that was paying on time and suddely were thrust into the situation because of a hardship like being laid off or extreme medical bill occuring.  This is the better situation, Chapter 13.  Chapter 7 is for someone that ran up their credit and lived beyond their means.  It is hard to recover from Chapter 7.
340115
The whole Chapter 7 bankruptcy process takes about four to six months, costs $200 in filing and administrative fees without an attorney, and commonly requires only one trip to the courthouse. \n\nTo file for bankruptcy, you fill out a two-page petition and several other forms. Then you file the petition and forms with the bankruptcy court in your area. Basically, the forms ask you to describe: \n\n \n\nyour property \nyour current income and its sources \nyour current monthly living expenses \nyour debts \nproperty you claim the law allows you to keep through the bankruptcy process (for example most states let you keep clothing, household furnishings, Social Security payments you haven't spent and other basic items) \nproperty you owned and money you spent during the previous two years, and \nproperty you sold or gave away during the previous two years. \nFiling for bankruptcy puts into effect something called the "automatic stay." The automatic stay immediately stops your creditors from trying to collect what you owe them. So, at least temporarily, creditors cannot legally grab (garnish) your wages, empty your bank account, go after your car, house or other property, or cut off your utility service or welfare benefits. \n\nUntil your bankruptcy case ends, your financial problems are in the hands of the bankruptcy court. It assumes legal control of the property you own (except your exempt property, which is yours to keep) and the debts you owe as of the date you file. Nothing can be sold or paid without the court's consent. You have control, however, with a few exceptions, of property and income you acquire after you file for bankruptcy. \n\nThe court exercises its control through a court-appointed person called a "bankruptcy trustee." The trustee is mostly interested in what you own and what property you claim as exempt. This is because the trustee's primary duty is to see that your creditors are paid as much as possible on what you owe them. And the more assets the trustee recovers for creditors, the more the trustee is paid. \n\nThe trustee goes through the papers you file and asks you questions at a short hearing, called the "creditors' meeting," which you must attend. This meeting is not likely to last more than five minutes. Creditors may attend, too, but rarely do. \n\nAfter this meeting, the trustee collects the property that can be taken from you (your nonexempt property) to be sold to pay your creditors. You can surrender the property to the trustee, pay the trustee its fair market value or, if the trustee agrees, swap some exempt property of equal value for the nonexempt property. If the property isn't worth very much or would be cumbersome for the trustee to sell, the trustee can "abandon" the property-which means that you get to keep it. Very few people actually lose property in bankruptcy. \n\nIf you've pledged property as collateral for a loan, the loan is called a secured debt. The most common examples of collateral are houses and motor vehicles. In most cases, you'll either have to surrender the collateral to the creditor or make arrangements to pay for it during or after bankruptcy. If a creditor has recorded a lien against your property, that debt is also secured. You may be able to wipe out the lien in bankruptcy. \n\nIf, after you file for bankruptcy, you change your mind, you can ask the court to dismiss your case. As a general rule, a court will dismiss a Chapter 7 bankruptcy case as long as the dismissal won't harm the creditors. Usually, you can file again if you want to, although you may have to wait 180 days. \n\nAt the end of the bankruptcy process, most of your debts are wiped out (discharged) by the court. You no longer legally owe your creditors. You can't file for Chapter 7 bankruptcy again for another six years from the date of your filing.
1046154
Creditors do not get to vote on a Chapter 13 plan.  The debtor must propose a repayment plan and the court will confirm the plan if the debtor proposes the plan in good faith.  If the court confirms the plan, the creditors really don't have a choice.  The confirm plan is a court-ordered repayment.  If the debtor makes all the payments required under the plan, then the debts will be discharged.\n\nThe creditors can file a motion objecting to the confirmation of the plan for a variety of reasons.  If the court sides with the creditors and denies confirmation, then the case will be dismissed.
855279
The laws differ from state to state, your attorney could give you more details.  I know in my state, you're not allowed to keep recreational vehicles or sporting goods or personal computers.  The court can order those sold and the money from them applied to your debts.\n\nYou are allowed to keep a certain amount of exemptions in the form of household goods and personal items (clothing, etc.) and usually one car.  If you owe money on the car or if there are any credit cards or such you want to keep, you can reaffirm the debt.  They're still listed in the bankruptcy, but stated that you're keeping them and going to continue making the payments on them.  You can usually keep your house, unless you own some huge house that's beyond your means.  \n\nThe new bankruptcy laws have made it so anyone filing bankruptcy on credit card debt who are capable of paying up to $200 a month or so are required to file chapter 13 and go on a payment schedule.  You can no longer just wipe out credit card debts with a chapter 7 bankruptcy.
796474
The state rules generally apply to what your exemptions are...or what you are allowed to protect after you file for bankruptcy.  \n\nYou still have to follow the general US bankruptcy laws.  If your income is high you won't qualify for chapter 7, and will have to repay a portion of the debts.
983575
I think these guys are confusing chapter 13 with 7.\n\nYou do not have to turn over future tax returns when filing Chapter 7.  Once you get your discharge, that's it!
864992
That is definately a question for a bankruptcy attorney. I don't believe they can take your 401K; however, if you have a 401K do you really think that bankruptcy is your only choice??? Have you thought about a debt payment plan like Consumer Credit Counseling??? There are so many reasons not to file bankruptcy that you should consider... finding a new job? buying a home or refinancing? insurance rate increases??? The only reason to file bankruptcy is when you simply cannot repay your debts, not that you don't want to. The laws have changed drastically. You may not even qualify for bankruptcy. The long term effects from bankruptcy will haunt you for a long, long time.
1087331
probably not. bankruptcy needs seasoning in order for you to be eligible to get another refinance or mortgage. if its within the past year then it's too soon.
908601
You can, but unless there was a substantive error in law (and there doesn't appear to have been) you won't win the appeal, and will wind up out more money than you are now.\n\nI'd advice against it, but it's up to you.
783411
I purchased some stock from a company who recently filed chapter 11 (lost some money, but that's another story), but I think they are required to send you or instruct your agent to send you notice of their filing.\n\nI am not sure, I only deal with chapter 7 and 13 bankruptcies.
289422
Contact the attorney who filed your case for you. You may be able to roll it over to a chapter 7, but you might lose property in the process. If your debts are that high, and your income that low, you might need to just let everything go back and start over.
904315
Let me start by saying I am not a lawyer or credit counselor so take my advice for what it's worth.\n\nA huge majority of people who file for bankruptcy list loss of job and divorce as a reason for filing.  So don't feel bad about being forced to file.\n\nBy your question, lets assume that you could somehow convince these creditors to accept a lesser amount, and you now only owe $15,000, with no additional late fees or interest.  Yeah, right...pretend you just woke up in the land of OZ, but we'll pretend anyway.\n\nIf all you could afford is $100 a month it's going to take over 12 years to pay off this debt.  Very rarely will any creditor accept a plan that takes move then 3-5 years.  They are NOT going to  wait longer then that to get paid, so it's not likely your plan will work.\n\nNext option is to examine the debts.  How many are beyond the statute of limitations?  Those debts can be ignored.  It's going to trash your credit history for a few years, but so will a bankruptcy.  That may lower your debts a bit, but I don't think it's going to help you enough.\n\nThe other problem you may have is your side business.  If you set it up as a sole propriety and not a separate company, the BK court may want to include those assets and income into the plan, and that could cause problems.  \n\nThe new bankruptcy laws will most likely not allow you to file for a chapter 7, based on your comment that you can afford $100 a month toward your debts.  \n\nYou may not have any other options but to file, but you really need to discuss this with an attorney first.
112655
Yes.  You do not list those debts as part of your bankruptcy plan and reaffirm with the lenders (who by law receive notice of bankruptcy) that you will still be paying them what is owed.  You do not need to file chapter 11 or 13 in order to reaffirm.  However, if you are including those debts in your bankruptcy, then as a rule those assets must be liquidated in order to minimize the lenders' losses.