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smithsussane
Joined: 18 Sep 2008
Posts: 10045
Location: Alaska
921.83 Dollars($)
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Post subject: |
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Hi WINSTON!
Welcome to forums!
If the case would have re-opened on time, then the sale would not have taken place as there would have been an automatic stay on your creditors which would have barred them from taking any actions against you.
Sussane |
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bluelites2000
Joined: 19 Jan 2010
Posts: 1
1.23 Dollars($)
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Post subject: Chapter 13 |
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Hello,
I have had problems paying what the court ordered for a couple of years. I had 3 months to make my payments on time but I had to make a partial payment and they dismissed my BK. I filled a Chapter 7 several years back and it was discharged in Feb 03. Can I refile for a Chapter 7? Could I possibly refile for Chapter 13 immediately? I am not to happy with my attorney so I feel no help there now. Could anyone advise on how long the creditors such as my mortgage company forcloses on the house or could I just start making my normal payments to them? If I file Chapter 7 what are the new rules since the changes. Will I have a payment? Thanks in advance. |
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smithsussane
Joined: 18 Sep 2008
Posts: 10045
Location: Alaska
921.83 Dollars($)
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Hi bluelites!
Welcome to forums!
As far as I know, you won't be able to refile Chapter 7 for 8 years after it is discharged. However, you will be able to file Chapter 13 immediately. If you are not happy with your present attorney, you can seek the help of any other bankruptcy attorney. You can check out the given page in order to know about Chapter 7 in details:
http://www.mortgagefit.com/bankruptcy/chapter7.html
If you reaffirm the debts, you would have to make payments and you would become personally liable for the dues.
Sussane |
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demas
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Post subject: domestic violence |
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| my husband is out on bond for a dometic violence charge when he tried to strangle me. he filed ch 7 and didnt mention this. i need surgery because of the attack and have asked for monies from him in the divorce to cover this. ive talked to the trustee and gave her a lot of info and proof of the filing being fraudulent. is the domestic violence trial affected by this filing of ch 7? also he filed the chp 7 to avoid paying me in the divorce. what can happen in this case |
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startign over
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Post subject: creditors after BK dismissal |
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| I filed BK in 2002 that was dismissed in 2005. One account from that time frame has apparently been sold to another company. They are contacting me again for payment. Can you tell me what my options are? Are they able to garnishee my wages or other horrible things? I'm finally recovering and just don't know what to do. |
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Niicss
Joined: 03 Oct 2005
Posts: 4772
Location: New Jersey
499.62 Dollars($)
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To demas,
I would suggest you to contact your divorce attorney and take his help in this regard. If you can prove that the filing is fraudulent, his bankruptcy filing can get dismissed and you would be able to recover the amount that you have asked for.
Hi Guest,
As your bankruptcy has been dismissed, the collection agency will be able to ask you for payments. If you do not pay them off, they will have the rights to garnish your wages. They will have the rights to sue you for the debts. You should contact your collection agency and negotiate for a payment plan to pay off the debts.
_________________
Good is the Enemy of Great. |
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stilnome
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Post subject: Motion to dismiss bankruptcy |
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| my Bankruptcy case was dismissed due to failure to pay because I was out of work for 2 months. I'm employed again and can afford to make payments now. My attorney mentioned doing a settlement. What does that mean? |
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lopez
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Post subject: bankrupcy |
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| what do I still have to pay if my chapter 13 gets dissmised by a court? |
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lopez
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Post subject: Rephrase |
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If my CPT 13 gets dismissed, after I’ve already paid 3 years out of the 5 years; does or do the creditors that I still owe are the only ones entitled to redeem payment?
When the case gets dismissed what amount do I owe?
The amount I started out with before the bankruptcy or the amount that is left after I get dismissed in the middle of the case? |
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sad girl
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| my BK was dismissed becauses of missed payments. If I has a car loan what happens with this? will I have to have that loan refinanced or do I go back to the previous payments that I was paying before BK? |
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vanessa
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| I filed bancruptcy chapter 7 on december 22 I did the credit counsling lonline the same day, which I didn't have my phone verification done til the 23rd with the credit counsling so wehn I filed my certificate wit the courts they dismised my case due the certificate having the date of the 23rd, I need to know how this will affect my refiling, and plus I'm still owing the 299 from the dismissel. |
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smithsussane
Joined: 18 Sep 2008
Posts: 10045
Location: Alaska
921.83 Dollars($)
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Post subject: |
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Hi stilnome!
As far as I know, if your bankruptcy has been dismissed, you'll have to refile it. I do not have any idea about bankruptcy settlement. I would suggest you to contact your attorney and ask him to clarify it to you. He would be able to assist you in a better way.
Hi lopez!
If your bankruptcy has dismissed, your creditors will have the rights to sue you for your debts. If you're past due on your mortgage, your lender can even foreclose the property. If you want to save your property, you should keep on paying your lender/creditors and clear off their dues. Once your bankruptcy is dismissed, the repayment plan will not remain in vogue.
Hi Guest!
As your bankruptcy was dismissed, you won't get any protection from the bankruptcy court against your creditors. If you've a car loan, you'll have to make regular payments to save it. As far as I know, you'll have to go back to the previous payments that you were paying before bankruptcy.
Hi Vanessa!
You will have to contact your bankruptcy attorney and apply for the refilling of bankruptcy. Your attorney will be the best person to let you know how it will affect you.
Sussane |
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phortisque
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Post subject: Chapter 13 |
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| I have 3 months left to pay on my chapter 13. I have not worked since Sept. 25, 2009, and am out of money. My lawyer said he will try to get the judge to let me be clear of it. What happens if the judge won't allow it? |
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Niicss
Joined: 03 Oct 2005
Posts: 4772
Location: New Jersey
499.62 Dollars($)
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Post subject: |
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If the judge doesn't consider your attorney's request, your bankruptcy filing can get dismissed and the lender can sue you for your debts.
_________________
Good is the Enemy of Great. |
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unsure
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Post subject: bankruptcy |
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| I recently filed a chapter 7. several yrs ago I bought a house with a boyfriend ,, we were never married,,, We were on verge of breaking up so he refinanced we went to the title company.....now 3 yrs later I am not on the mortgage but my name still appears on the deed. I am sure we did a quick claim deed so he could refinance. This has affected my bankruptcy. Can i request my bankruptcy be dismissed til I get this sorted out. My lawyer says NO but I went and filed not know ing my name was on the house. It should not have been as of 2007. Now that I have seen the trustee things have gone in the wrong direction any info you could help me with |
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