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Importance of Chapter7 discharge in bankruptcy

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Icon Mini Profile Niicss
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Post Posted: Mon Dec 07, 2009 1:32 am    Post subject:
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Yes Pearl, you can file Chapter 7 though you are going through the process of loan modification. However, as you file Chapter 7, the lender will stop the process of modifying your loan. He'll rather wait for the judgment of the bankruptcy court.
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RyanandApril

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Post Posted: Tue Jan 12, 2010 12:49 am    Post subject: Upside down
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Hi my wife and I over a peroid of 17 years have made very poor financial decisions. We currently are so far behind we are looking at bankruptcy. we owe more on our home and vehicals than they are worth. our monthly expense's come in almost a grand more than our income. there is a chance we can buy a nice home on land contract from a freind after bankruptcy filing and we surrender our present home.
ANY ADVICE?
Icon Mini Profile sara
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Post Posted: Wed Jan 13, 2010 2:17 am    Post subject:
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Hi RyanandApril,

Immediately after a bankruptcy discharge, you credit score would be quite low and you won't be able to qualify for a loan. If you file Chapter 13, you'll have to wait for 2 years to get a conventional loan. In case of Chapter 7, you'll have to wait for 4 years. If you plan for a cash purchase, then you can go ahead and buy the property immediately after bankruptcy.

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fred

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Post Posted: Sat Jan 16, 2010 7:20 pm    Post subject: home equity
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Can a trustee sell my home if equity above exemptions?
Icon Mini Profile Niicss
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Post Posted: Mon Jan 18, 2010 2:47 am    Post subject:
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As far as I know, if your property's equity exceeds the Federal or State exemption (as per your choice) you may lose the home. If you don't have equity in the property, it cannot be used to pay off your debts.
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Traff

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Post Posted: Sun Jan 24, 2010 4:56 am    Post subject: Bankrupcty Chp 7
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We, my husband & I, filed bankruptcy on Nov 3rd. 2009. Our home is in foreclosure. We listed the property as exempt and gave our intentions as to surrendering the property upon discharge. The mortgage companies lawyer requested the stay lifted so they could contact us to work out a deal. We replied that we had been trying to do that from the beginning and they wouldn't work with us and now it was to late. Yesterday we received a letter stating what it would cost us to reinstate the mortgage
(from their attorney), which we don't intend to do, and now I'm wondering if we made a mistake with claiming the property as exempt. We do not have an attorney because we can't afford one. Should I send an ammended schedule C to the court removing the property from exempt?
rich

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Post Posted: Tue Jan 26, 2010 9:10 am    Post subject: foreclosured
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Filed chapter 7 in 2007 and discharged in july 2008 now my mobile home is in foreclosure a year and six months after discharge and my mortage co.doesn't want to help me in any way and said i don't get to use the obama plan for a modication loan so whats next ?
Icon Mini Profile raymond
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Post Posted: Wed Jan 27, 2010 6:00 am    Post subject:
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>>so whats next ?

Chapter 13. It'll prevent your home from being foreclosed and enable you to restructure your debt so it's manageable.

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purplicious

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Post Posted: Wed Jan 27, 2010 12:46 pm    Post subject: Federal and State refund
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Will I have to give up my federal and state refunds? If so how would i determine how much...I can't seem to get a yes or no answer from the trustee as far as how much they will take from my refund check
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Post Posted: Wed Jan 27, 2010 12:55 pm    Post subject:
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>>Can I file Chapter 7 if I am going thru a mortgage modification

Yes, but your modification might be postponed until the discharge.

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bballmom

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Post Posted: Mon Mar 08, 2010 10:02 pm    Post subject: Chapter 7 post discharge
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Trustee has discharged my Chapter 7 case, but not closed it. If some of the real estate that was secured property has sold since my discharge, can the amount I owed be re-calculated?
janiece

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Post Posted: Fri Mar 19, 2010 7:26 pm    Post subject: retirement account
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If I take money out of my retirement account after my Chpt. 7 discharge, do I need to report this to the court?
Icon Mini Profile Niicss
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Post Posted: Mon Mar 22, 2010 4:15 am    Post subject:
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To bballmom,

As far as I know, if your bankruptcy is discharged, it means your bankruptcy filing has been closed. If you sell off some property after the discharge, I don't think the amount will be re-calculated.

To janiece,

As the bankruptcy has been discharged, you do not have to report if you take out money from your retirement account.

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Sas

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Post Posted: Mon Apr 26, 2010 2:47 pm    Post subject: After bankruptcy discharge
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After bankruptcy discharge, can I go after (sue) a lender, if they commited fruad?
Icon Mini Profile Niicss
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Post Posted: Wed Apr 28, 2010 3:31 am    Post subject:
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If a mortgage lender has committed a fraud, then you would be able to sue the lender. You should contact a real estate attorney and he would guide you in taking legal actions against the lender.
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