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susiehu
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| Do you need to have a job when applying chapter 7 bankruptcy even if you have ways of income coming in. |
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adonis
Joined: 22 Oct 2005
Posts: 10242
Location: ALASKA
1042.50 Dollars($)
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Hi susiehu,
It is not mandatory for a person to have a job when applying for Chapter 7. However, you should be able to pay the fees related to filing the bankruptcy.
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Procrastination is the enemy of your financial success |
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Miranda
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| Hi there…I have a question and I would like someone to answer it. My situation is unique. My bankruptcy trustee discharged everything when I filed Chapter 7 bankruptcy. At that point of time, I was not even in foreclosure. I was informed that I could keep our home. I was very happy with that decision. But alas that happiness is short lived as my lender is now demanding 45,000.00 as mortgage payments. The lender has also filed a notice of default against my property. Can I do anything to stop this?? Should I contact my bankruptcy trustee?? |
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sara
Moderator
Joined: 05 Jul 2006
Posts: 2645
Location: New Brunswick, New Jersey
488.43 Dollars($)
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Hi Miranda,
It is not surprising to me that your lender has asked to pay the mortgage dues. Though you were discharged of Chapter 7 bankruptcy, you should have been current on your mortgage payments. You could have reaffirmed the debt or surrendered the property. If you had reaffirmed the debt, then you would have to make regular payments. This would have helped you in saving the property.
It is correct that you are not personally liable for the mortgage dues anymore but the lender still has a lien on it. As you have retained the property, the lender has the legal right to enforce the lien and file a notice of default against you. In my opinion, you will have to pay this or refinance your home. You can also try to negotiate with your lender so that he lowers the amount or helps you in getting a loan modification.
Take care |
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Denzel
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| Hi there…I'm in a serious trouble and would like to know your opinion in my issue – I filed Chapter 13 bankruptcy around 10 years and got it discharged. One of my creditors is now trying to recharge me for a debt which I got discharged. They are also charging me for the interest!!! Also they have come up with a forged loan document in my name for $50,000. This loan does not belong to me neither was my consent was taken while issuing this loan…I don’t know whom to turn to or where to help. Can you people guide me…Thanks in advance for your help. |
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Niicss
Joined: 03 Oct 2005
Posts: 4770
Location: New Jersey
499.28 Dollars($)
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Hi Denzel
I have seen lot of people complaining about the same thing. Collection agencies and finance companies may sometime take some illegal steps to recover their dues. If a debt has been discharged through bankruptcy, the creditor will not be able to collect the dues from you. It is against the federal law and you can contact a bankruptcy attorney to deal with them.
However, the bankruptcy laws have changed in 2005. But you will still be able to eliminate credit cards, collection accounts, personal loans, payday loans and car loans as before. However, domestic support obligations, loans obtained through fraud, student loans, injuries resulting from a drunken driving accident and delinquent income tax debts are not eliminated.
As far as your second question regarding identity theft is concerned, you should immediately inform your lender about the fraud. You may have to fill out a notarized fraud affidavit that indicates you never signed your name or opened the account in question. There are chances that you will have to dispute the account with the credit bureaus by providing them the fraud affidavit and other relevant information to show that you never signed for the loan.
Thanks.
_________________
Good is the Enemy of Great. |
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Post subject: social security/pension |
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| read they both are property exempt, have teamster pension that is covered by erisa(myt problem is IRS backtaxes, apparently chapt 13 vcdoesn't clear it? chapt 7 doesnt either? Not sure? ray (starchaser711@cox.net) |
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smithsussane
Joined: 18 Sep 2008
Posts: 10030
Location: Alaska
919.49 Dollars($)
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Hi Guest!
Welcome to forums!
As far as I know, income tax debts are dis-changeable in both Chapter 7 and Chapter 13. However, there are some criteria to get the taxes discharged. These may vary state wise. You need to contact a bankruptcy attorney and get his opinion in this regard.
Feel free to ask if you have further queries.
Sussane |
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Suzy...
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| Hi there…I need some clarifications to understand Chapter 7. I filed for Chapter 7 bankruptcy nearly 3 years ago. Few days back I ran a credit check and I found that some of the creditors included in my Chapter 7 filing are still shown as active, derogatory. I know that as I filed for Chapter 7, all those creditors would be removed from the credit report. Can you help me understand what is going on? |
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Niicss
Joined: 03 Oct 2005
Posts: 4770
Location: New Jersey
499.28 Dollars($)
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Hi Suzy
This is one of the issues which most of the people face post-bankruptcy. You will have to dispute about these accounts with the credit bureaus. You can either resolve the issue online, by telephone or via mail. It is always better to resolve the issue through mail as you will get everything in writing. You need to explain the credit bureaus that these accounts were listed in your bankruptcy and therefore they should be removed from your credit report. Provide proper documents with your mail. You will have to be in touch with the credit bureaus continuously so that they remove the derogatory accounts from your credit report.
Thanks.
_________________
Good is the Enemy of Great. |
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Jerry and Tracy
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Post subject: Reaffirm 1st mortgage before discharge |
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We filed chapter 7, we are 5 months past due on the first mortgage, we stated on the peditation we were reaffirming the 1st. When we tried the mortgage company said we had to pay the 1st mortgage off. I filed the BK pro per.
[E-mail address deleted as per forum rules. Thanks.] |
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smithsussane
Joined: 18 Sep 2008
Posts: 10030
Location: Alaska
919.49 Dollars($)
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Hi Jerry and Tracy,
You cannot reaffirm your mortgage before the discharge of Chapter 7 bankruptcy. Once your bankruptcy is discharged, your can sign the reaffirmation agreement with your 1st lender. If you do not sign the reaffirmation, you can still make payments but you'll not be personally liable for it. The 1st lender cannot force you for the payments.
Feel free to ask if you have further queries.
Sussane |
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| My bankruptcy was discharged few months back. However, I have two liens on my home. These liens were filed before the filing of my bankruptcy by junk debt collectors. The original debts which caused the liens were included in bankruptcy. Can I get out of these liens or remove them? How? I’m planning to sell the property next year and move. Will these liens prevent sale? |
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Niicss
Joined: 03 Oct 2005
Posts: 4770
Location: New Jersey
499.28 Dollars($)
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Hi Guest
The liens will definitely delay or prevent the sale of your home. You may be able to remove the liens but it is always a better idea to consult an attorney. You should note that liens survive even after the bankruptcy process if you don't take special action to remove them. As your debt has been discharged but not the liens, you will need an attorney who knows your state laws well and will help you in removing the liens. Once the liens are removed, ask your bankruptcy attorney to notify the county recorders office so that negative marks are removed from the title of the property.
Thanks.
_________________
Good is the Enemy of Great. |
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Jeremiah
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| Hi there…market situations are extremely bad and so I'm planning to file bankruptcy. Unfortunately, I'm filing bankruptcy for the second time. I just want to find out whether I can file bankruptcy again or not? Is there any rule which says that I can't file bankruptcy more than twice?? |
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