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CJH
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0.10 Dollars($)
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Post subject: Filing Ch 7 or 13 |
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I filed chp 7 March 1999 & it was discharged that same year. I filed
chp 13 filed 11/2001 it was discharged 11/2006. Has the time period been long enough for me to file chapter 7 again? Granville County N.C.
[E-mail address deleted as per forum rules. Thanks.] |
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adonis
Joined: 22 Oct 2005
Posts: 10250
Location: ALASKA
1043.57 Dollars($)
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Hi CJH,
As far as I know, you can file Chapter 7 after 6 years of your Chapter 13 bankruptcy filing. As 6 years have passed since you filed Chapter 13, you would be able to file Chapter 7. However, for further information in this regard, you should contact a bankruptcy attorney.
_________________
Procrastination is the enemy of your financial success |
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Jen G
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0.10 Dollars($)
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Post subject: Ex-Wife filed for chapter 7 |
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| My husband's ex-wife filed for Chapter 7 with out assets, and named him as a creditor, just as we are getting ready to go to court to finish the final property settlement. She owes him approximatly 85,000 in debts (credit cards, personal loans, insurance bills and home equity line)that he was forced by the court to pay and she has never reimbursed him for. Do we have any rights to recoup the money he had to pay out of escrow when he refinanced? He also paid her over 300,000 in CASH 2 years ago, will she have justify what she did with the money? She makes about 80K a year, far above California's median income. Does this sound like an abuse or fraud case? |
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smithsussane
Joined: 18 Sep 2008
Posts: 10038
Location: Alaska
920.62 Dollars($)
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Post subject: |
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Hi Jen!
Welcome to forums!
A person can file Chapter 7, if he or she earns less than the median income of that state. If your husband's ex-wife earns more than median income, she won't be able to file Chapter 7. If she has done so, it can be considered as fraudulent. I would suggest you to take legal help in this matter.
Feel free to ask if you've further queries.
Sussane |
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Jen
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0.10 Dollars($)
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Post subject: Chapter 7 |
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Sussane,
Thank you for the info. We looked through all the filed paperwork on the Ex-wife's Chapter 7 claim and have found many discrepencies from her income to expenses to how she files taxes so we will be filing a fraud complaint. Thanks for the help!
Jen |
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BigRed
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Post subject: Chapter 7 Bankruptcy |
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| My husband and I are separated and I live with my mother. I haven't had a job since 2008 and my credit is really screwed up. I would like another chance to redeem myself as well as manage money and my credit better, am I able to file chapter 7 bankruptcy. |
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jameshogg
Joined: 20 Dec 2005
Posts: 10164
Location: Nevada
944.24 Dollars($)
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Hi Guest,
You should contact a bankruptcy attorney. He would go through your financial situation and let you know whether or not filing Chapter 7 is a good option for you. Then you can take decision regarding the same.
Thanks |
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Anonymous716421
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Post subject: Question |
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| Chapter 7 is being recommended as an option for us. We are working to get our primary residence in order, but we have a secondary property that is in bad shape. We can't sell it and went through a mediation program but nothing. We are have credit card debt of 15K, utilities, etc. Our primary only has about 10K equity at the most. We have 4 children and need to retain the primary. Is this an option. |
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HurtingNFlorida
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Post subject: chapter 7 |
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We filed chapter 7 and chose to keep our primary residence. My husband is unemployed and I am commission only. We are looking into a short sale with our lender and have found out that we would have to file a motion to lift. If we do this and for whatever reason cannot make the mortgage payment, what will happen? Will we be forced to move immediately?
If we do nothing at this time and miss a mortgage payment while in a chapter 7, what will happen? We did not include the house in the bk. Please advise.
T |
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Mona
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Post subject: selling or renting home 1 year after bk discharge |
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| Can I sell or rent my home 1 year after my bk was discharged, I currently live in the home and have never missed a payment either before during or after the bk. |
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jerry
Moderator
Joined: 17 Oct 2005
Posts: 2619
Location: MICHIGAN
415.87 Dollars($)
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Hi Ananymous,
Chapter 7 will help you in starting afresh. Your unsecured debts will be discharged when you file Chapter 7. However, as far as the mortgages are concerned, you won't be able to get rid of it completely. You can reaffirm the loan that you have in your primary residence and pay it off on time. This will help you in saving the property. As far as the mortgage on the secondary property is concerned, you can surrender it to the lender who can foreclose it to recover his dues.
Hi Guest,
If you have reaffirmed your mortgage and cannot pay the mortgage dues on time, the lender will foreclose the property immediately. However, if the property and the mortgage was not included in your bankruptcy filing, then the lender would give you some time to pay the delinquent amount. If you’re unable to pay the delinquent amount within 3 months, then the lender can foreclose the property.
Hi Mona,
If you can pay the mortgage dues on time, then you would be able to rent the property.
Thanks,
Jerry |
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Desperatee
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Post subject: Chapter 7 |
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| Hi there. I am thinking of filing Chapter 7. I was involved in a really bad motorcycle accident a couple of years ago. The woman who hit me had no insurance. My medical expenses have gotten so way out of hand that I am in major debt. As a result, I haven't been able to work sine 2007. I now have a lot of cc debt as well. I was able to get a judgment against the other party for $800,000 however, she doesn't have a job and hasn't paid me a single cent and is never going to pay me anything. Will I be able to file chapter 7 or is the judgment going to make it impossible? |
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jameshogg
Joined: 20 Dec 2005
Posts: 10164
Location: Nevada
944.24 Dollars($)
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priley
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0.10 Dollars($)
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Post subject: chapter 7 |
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| In the state of WA, if I file chapter 7, can I keep my home if it's paid off? |
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adonis
Joined: 22 Oct 2005
Posts: 10250
Location: ALASKA
1043.57 Dollars($)
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Post subject: |
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Hi priley,
As far as I know, if your home equity exceeds the State or Federal exemption, you may lose the home. If you've no equity in the house, it won't be liquidated and you would be able to keep the property as long as you pay off the debts on time. In Washington, real property or mobile home worth $40,000 are exempted. For further information in this regard, it would be better if you could consult a bankruptcy attorney based at Washington.
_________________
Procrastination is the enemy of your financial success |
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