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Niicss
Joined: 03 Oct 2005
Posts: 4772
Location: New Jersey
499.62 Dollars($)
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Post subject: |
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| If your name is on the property, then you will have to include it as your asset while filing bankruptcy. You can dismiss your bankruptcy and transfer the property to your boyfriend. However, you won't be able to refile bankruptcy again immediately. You will have to wait for at least a year. |
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Mark1952
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Post subject: Dismissal |
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If my chapter 7 case is dismissed for whatever reason...does the court notify the creditors it's dismissed ? And if so in what manner do they notify the creditors ?
Thanks ! |
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Niicss
Joined: 03 Oct 2005
Posts: 4772
Location: New Jersey
499.62 Dollars($)
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As far as I know, you will be informed about your bankruptcy dismissal. Your bankruptcy attorney will help you know whether or not your filing has been dismissed.
_________________
Good is the Enemy of Great. |
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Jim1967
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Post subject: BK 13 Dismissal |
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| My BK 13 was filed 4/30/09 mainly to try to save my home. I am ignorant as to what actually is happening other than I am paying around $2600 per mo. to the trustee. 99% I was told would pay the two mortgages on my home and the unsecured debtor would get the rest. I was totally unaware that my mortgage companies have received NOTHING of what I have been paying in so far because my case has not been 'confirmed.' This means I will not have mortgage interest to deduct when I file my taxes. I rely on the refund to pay my past due Property Taxes. Now I can't do that. It is just a mess. If I choose to dismiss my 13 will the money I have been paying to the trustee be refunded to me? Or, at least will they use the funds to pay the mortgage companies? Finally, a dismissal means my unsecured debtors will once again come after me. What is the worst that can happen beyond everyone suing me and having 25% of my wages garnished? I could still pay my mortgages. My unsecured debt is about 50K. Is it possible that ALL my big unsecured debtors will come after me again or have they possibly written it off? |
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Jim1967
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Post subject: BK Dismissal II |
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| I forgot to mention that my FIRST mortgage is around $250k, while my SECOND is around $95k. Can the 2nd mortgage company force a foreclosure on my property? I guess what I am getting at is I dismiss my 13 BK, what "power" does the 2nd mortgage co have? Can they sue along with other unsecured debtors and become part of what I think would be my 25% wage garnishment? I want to pay everyone what I can, but my current 13 BK leaves me with $900 per month to pay for EVERYTHING. I have to do something. I will try to sell my house, what about in the meantime? Home sales are slow and it is likely thay I owe MORE than the home is worth. Sorry for the long question. My state is ARKANSAS. |
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Niicss
Joined: 03 Oct 2005
Posts: 4772
Location: New Jersey
499.62 Dollars($)
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Post subject: |
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You will have to speak to your bankruptcy attorney and check out whether or not you would get the amount back. If your bankruptcy filing gets dismissed, the lender/creditor will be able to come after you. The lender will be able to foreclose the property and the second lender will be able to sue you for the dues. If you are unable to pay off the second loan, then the lender will be able to garnish your wages.
_________________
Good is the Enemy of Great. |
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js
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Post subject: Chapter 7 dismissal |
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| My chapter 7 was dismissed because my lawyer did not file my debt management certificate. Now they are telling me that my only option is to refile. How will this affect me and is this the correct way to proceed? Should I contact another lawyer? |
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sara
Moderator
Joined: 05 Jul 2006
Posts: 2650
Location: New Brunswick, New Jersey
489.32 Dollars($)
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Hi js,
The bankruptcy dismissal will be mentioned in your credit report as a negative item. If you want to go ahead with the bankruptcy, then you will have to refile it and get a discharge. It would be completely your discretion whether or not you want to stick to the same attorney or go for another lawyer.
Take care.
_________________
Find me at FB: http://www.facebook.com/people/Sara-Jones/100002976822020 |
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Angelab75
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Post subject: Divorcing |
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| If I'm divorcing and we are currently in a Chapter 13 where his wages are garnished can I file chapter 7 and have all my debts brought over to my C7 and not be responsible for any of his C13 debt in his name? How does that work if we are Co-signors and I C7 on those as well? |
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Guest
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Post subject: |
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| As you are in Chapter 13 right now, I don't think you will be able to file Chapter 7 immediately. You will have get your Chapter 13 discharged first and then file Chapter 7. Your best best would be to contact your bankruptcy attorney and take his suggestions in this regard. |
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hadaproblem
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Post subject: bankruptcy dismissal |
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| If my chapeter 13 is dismissed for not making payments do i have to pay off the previous attorney fees before i can refile? |
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mitch38
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Post subject: |
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| Will my case be dismissed if I owe the irs during my bankruptcy? |
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Niicss
Joined: 03 Oct 2005
Posts: 4772
Location: New Jersey
499.62 Dollars($)
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To Guest,
The attorney will want his dues to be cleared off. However, you can pay him off even after you refile bankruptcy.
To mitch,
The default taxes will not get discharged in bankruptcy. You will have to pay it off on your own. However, I don't think your bankruptcy would be dismissed if you owe money to IRS.
_________________
Good is the Enemy of Great. |
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stephaniegmcd
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Post subject: bankruptcy dismissal |
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| I filed for an extention and the Court Clerk did not enter the extention until the following afternoon after the Case Manager dismissed the case. What can I do to have the decision overturned? |
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sara
Moderator
Joined: 05 Jul 2006
Posts: 2650
Location: New Brunswick, New Jersey
489.32 Dollars($)
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Hi stephaniegmcd,
As the bankruptcy case has been already dismissed, I don't think you would be able to overturn the case. You will have to refile the bankruptcy. Nevertheless, I would suggest you to have a word with your bankruptcy attorney in this regard.
Take care. |
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