Importance of Chapter7 discharge in bankruptcy

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derek

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PostPosted: Thu Nov 10, 2005 4:08 pm    Post subject: Importance of Chapter7 discharge in bankruptcy

What is meant by chapter7 Discharge?
Icon Mini Profile Samantha
Samantha
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PostPosted: Thu Nov 10, 2005 4:46 pm    Post subject:

Hi Derek,

Chapter7 Discharge is a court order obtained by filing Chapter7 bankruptcy that releases the debtor from all the dischargeable debts and protecting the debtor from the creditors by ordering them not to collect the debts from the debtor.

Debtors need not pay the debts from which he is discharged but it may be noted that all debts and persons are not eligible for a Chapter7 discharge.

Hope this information will help you.

God bless you.

For MortgageFit,
Samantha
derek

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PostPosted: Thu Nov 10, 2005 5:03 pm    Post subject:

Who are not considered as eligible for a Chapter 7 Discharge?
Icon Mini Profile Samantha
Samantha
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PostPosted: Thu Nov 10, 2005 5:21 pm    Post subject:

Hi Derek,

Following persons are not eligible for a Chapter7 Discharge -

  • A person who got discharged from Chapter7 Bankruptcy within the last 6 years.

  • A person who got discharged from Chapter13 bankruptcy case within last 6 years.

  • Persons concealing facts and destroying records or producing false
    records about their financial condition.

  • Person failing to give satisfactory explanation regarding loss or shortage of his assets.

  • Persons refusing to answer questions properly and disobeying bankruptcy court orders.
If you require you can have additional information regarding chapter7 bankruptcy here.

God bless you.

For MortgageFit,
Samantha
cindyla

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PostPosted: Thu Mar 26, 2009 9:09 am    Post subject: Fiel Chapter 7

If I filed chapter 7. to write off my debt on credit cards debt. What do they will do? if I have a business do they take my business away or they still let me to operate the business and the business is renting not owned Thanks
Ana

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PostPosted: Thu Mar 26, 2009 10:54 pm    Post subject:

No, I don't think they would take away your business if you file bankruptcy for credit cards only. However, your bankruptcy attorney will help you in a better way regarding this issue.
mickey

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PostPosted: Fri May 15, 2009 6:47 am    Post subject: savings

filing for chapter 7 will the courts take my savings
Guest








PostPosted: Fri May 15, 2009 10:03 pm    Post subject:

Apart from the exempted amount, the bankruptcy attorney can take away your savings. Consult a bankruptcy attorney. He will be the best person to help you.
Guest








PostPosted: Thu Jul 30, 2009 11:14 am    Post subject: bankruptcy

can a 2nd mortgage be dismmissed through bankruptcy.
Icon Mini Profile smithsussane
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PostPosted: Thu Jul 30, 2009 8:30 pm    Post subject:

Hi Guest!

Welcome to forums!

I don't think a second mortgage will be dismissed through bankruptcy. You won't be personally liable for the mortgage dues but the lender would still hold the lien on the property. Thus, the lender can sell off the property to recover his dues.

Feel free to ask if you've further queries.

Sussane
Stephen

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PostPosted: Wed Oct 28, 2009 6:47 pm    Post subject: Debt in only my name unsecured

I am married but the unsecured debt is only my name! Can my wife be exampt?
Icon Mini Profile adonis
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PostPosted: Wed Oct 28, 2009 9:34 pm    Post subject:

Hi Stephen,

Though you are married, you can file bankruptcy alone. It is not necessary to file bankruptcy jointly.

_________________
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BKmidwest

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PostPosted: Wed Nov 11, 2009 7:55 pm    Post subject:

I filed for chapter 7 bankruptcy in MO this year (2009) on April 16th and was discharged in August. My 180 days from filing was up on October 13th.

Unfortunately my mom passed away on Sept 29th, within the 180 days of filing. She had NO will. Her main bank accounts were POD to my older brother. He then in turn wrote me a cashier check for a part of the total amount.

She also had a Beneficiary Deed that said she intended for her assets (her house mostly) to be divided evenly among all her children. (there are 6 of us)

I would think that the cashier check my brother gave would technically be a gift from him and not considered an inheritance. What about the beneficiary deed? It's not a will and only speaks of her intent that we divide her assets evenly. The house is not currently in our name, it isn't ours, even though she passed away a month and a half ago. We would have to enact the beneficiary deed in order for it to be ours.

Would I be required to give my portion, report it, to the trustee? Or would I be able to keep it?

Also 2 of my adult brothers are currently living in her house and had been long before my mom passed. Would that have any bearing on whether I would have to give up the money if and when we decide to enact the beneficiary deed and to sell?
Icon Mini Profile adonis
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PostPosted: Thu Nov 12, 2009 1:18 am    Post subject:

Hi BKmidwest,

In my opinion, your bankruptcy attorney will be the best person to answer your queries. As far as I know, if you're inheriting the money through a will, then you'll have to give away the money if the death happens before bankruptcy or within 180 days of filing bankruptcy.

_________________
Procrastination is the enemy of your financial sucess
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