Bankruptcy Law
The US Bankruptcy Code that determines which debts may be discharged and which obligations will remain after a person or organization is deemed insolvent
Total questions 17500
Simplemary (supervisor) [2547]
wrote the first answer to How long before you have to vacate after a Sheriff's Sale in Indiana 26 May 2012 05:43
Simplemary (supervisor) [2547]
removed the answer of How long before you have to vacate after a Sheriff's Sale in Indiana 26 May 2012 05:41
ID3493210364
wrote the first answer to How long before you have to vacate after a Sheriff's Sale in Indiana 26 May 2012 05:40
ID1113023853
asked What happens if you are in bankruptcy and then become unemployed and said it was different from What happens when you are in bankruptcy and then become unemployed 26 May 2012 05:23
It varies. Check your local court rules. The motion should tell you how long you have.
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if YOU are the petitioner...how would WE know the answer? If your NOT...how would anyone else know the answer to a question...
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The answer below is applicable to so many of these questions...it actually is copied from one asking the other side...must they...
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Wow. Wake up call: After the foreclosure it isn't your home anymore. That's the point. Someone else bought it. It is their...
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well...can i loan myself money? that is an easy one no....no i can't because you see i own the money so what would be the point...
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7 years. As asked and answered at least 100 times here: It makes no difference where you are, the credit reports is the...
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Yes, BK is not a pick and chose thing....you include all your debts and all you assets....you can't decide which you want to keep...
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An "assistant to ..." is normally a clerical/administrative position. (As opposed to an assistant vice president, which could be...
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Whether you have to file a tax return depends, in part, on your filing status, age, and gross income. You must file a tax return...
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I just filed chapter 7 six months ago, I was in 5 check exchanges & could not get out. It went fine with no creditor...
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Bankruptcy is a FEDERAL case, the state makes little difference.....but you've been through it...certainly you were observant...
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Under the bankruptcy laws effective from October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the...
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Write off is only an accounting entry they had to make. It is a bad thing. It means any possible benefit of the business deal...
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If you are on the brink of bankruptcy... you probably can't get a credit card. Opps... didn't read that right. Sorry. I really...
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Absolutely. Their bankruptcy only means they may get relief from paying their debts. It doesn't change your obligations at all....
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If you try and sell it, everyone will get paid before you can provide title over to the buyer. The primary mortgage holder will...
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Maybe. If your parents are living in the house and you're not, you may be considered to have only an equitable interest,...
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Presuming, as I think your saying...it isn't your property, just your location at the time of service...NO. Legally at least, she...
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It's really more what you can keep...what is exempt from being taken: When you file bankruptcy, you are required to fill out...
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Sure. Common.
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One a few type of financial obligation that cannot be discharged via bankruptcy is child support. If you have gone through a...
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While the amount saved in a qualified plan is exempt, the amount you may receive as income can be used, above an amount needed...
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yes, just keep your house exempt from the bankruptcy
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The loan may not be the real problem, but how you own the property (tenancy by the entirety, joint tenancy, tenants in common)....
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Yes, but it is complicated in states that have community property laws, as CA does.
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Contact the clerk for the court your bankruptcy was filed. Bankruptcy documents are available but you will typically be charged...
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AnswerNot sure, but you didn't borrow the car, you borrowed the money. Answer:The law you are referring to is in regards...
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It depends on your debt, not credit score. If you file bankruptcy, then your credit really takes a nose dive. Before considering...
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Yes. The debt remains valid and collectible by whatever means the creditor chooses to implement.
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If it is not a secured debt it will be included in the bankruptcy discharge.
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The time limit for a discharged chapter 7 or 13 bankruptcy to remain on a credit report has always been 10 years. A dismissed...
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The State you claim Bankruptcy will stay in that state because that's where it was filed, also it is in their Public Records...
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You would only need to report the winning ticket if the bankruptcy was not discharged.
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No.
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It is 180 days before you can refile
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The petitioner will be allowed to keep whichever vehicle is protected by the state or federal exemption.
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If you did not include your landlord in your schedule of unsecured debts, and you owe him, then he can go to small claims...
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Two factors would detemine what if any action would be taken concerning the property. If the homestead exemption protects the...
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AnswerIf you're considering Chapter 7, you probably shouldn't have bought a vehicle, which can be considered as asset and...
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No. The time limit for removal is 10 years from the date of discharge.
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Since most bankruptcy attorneys charge a flat fee, it is important to find out what specific services the fee covers. Your...
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Ugh. This question is a loaded minefield. I will say this, that up until 1996, you could discharge a student loan in a bankruptcy...
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Discharged for 5 yrs? Alot of companies will do an equity loan after chp. 7 has been discharged, check with a mortgage broker...
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I believe you must list all debts, including these. Who gets paid what and how much is then determined by their debtor status. ...
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Generally you are supposed to get permission from the Bankruptcy Court to get a loan while you are in a Chapter 13, frequently by...
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One way would be to go in person and checking with the local courthouse in the city/state in which it was filed. Another would...
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yes but you still need to talk to a Bankruptcy attorney
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Bankruptcy laws were reformed in 2005 making the time limit between chapter 7 filings 8 years from the time of discharge and the...
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The problem your dealing with, evident in all parts of your question, is that you need to appreciate there needs to be a serious...
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Yes. See this same question, many times. The deficiency is collectible and the debt is collectible against anyone on the note who...
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Of course, much depends on your entire financial situation and how much these are for. One problem you have, especially if the...
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Right up front...don't worry..VIRTUALLY ALWAYS...when a Co files Chap 11, all the standard business operations, and most...
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Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the...
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Gee...how does one do it without being in bankruptcy? If you can't afford it, then the asset must be sold. No tricks here. You...
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Under the law in effect prior to October 2006, you could file chapter 7 once every 7 years. The law since then requires 8 years...
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Ten years from the date of filing, unless the law changes between now and then.
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If what your asking is how can a landlord collect rent on a tennant who has filed for bankruptcy protection. He is a creditor....
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AnswerYes. That's a big part of what they do...get and preserve the assets of the debtor (an amount due to them is an asset),...
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Certainly many employers seem to do things for no logical reason. And there would be no logical reason for the employer to act...
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No, if you mean, can you single out this debt to "file bankruptcy on." You file bankruptcy on ALL your creditors. You don't get...
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Sure. You have to. It's just a secured lien. The key here is the word "include." I'll write with the assumption you're the...
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To serve on....whomever....means you made them aware of something, legally. You serve paapers on someone...meaning you can prove...
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What could you possibly be trying to ask?
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Cutting through the mustard if you will.... Sure a corp can file BK under several different sections, Chap 11 or 7 mainly , and...
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They should still pay rent.
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START WITH A NEWS FLASH! Bankruptcy is not part of financial planning. Under the bankruptcy laws effective on October 17, 2005,...
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Well the report will show you had judgments and now a bankruptcy. The judgments, if cleared by the bankruptcy, won't be reported...
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Of course.
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Most all debts are legal liabilities. If they aren't legal, it wasn't a good contract making it and they don't have to be paid
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This Q has been pushed around a lot here...and this is what I've pieced together: It depends...a bit on which circuit court your...
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It's expected from pathetic losers. Let's see...you make promises to all types of people to get them to lend you money (so you...
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When the bank foreclosed on the house, they took it back. Now it's time to move out.
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Confused. If the loan is paid off - hence 0 balance...then it can't said to be in default...there is nothing due. (and you are...
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Until you file, your money is yours to use. Financial counseling would be an excellent choice. However, you have debt...
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Yes. All your assets are subject to their control. This refund is yet another.
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I think so, as long as all the creditors you include in the bankruptcy are just in your name only. However, you may want to...
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You owe the loan. The bankruptcy of who you gave it to makes no difference on who or what you owe your debts. (And if you owe...
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Normally by pulling your credit report. Sometimes by speaking to family members and neighbors.
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Yes
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ALL assets and ALL liabilities are included. Each are given different priority. Taxes are a liability. They are included and...
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I disagree with the earlier comment. As documented in many places, the date of FILING is what matters. It will stay on your...
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Answered the first few times you asked....and as BK is a FEDERAL court and FEDERAL law (ever notice that's all over the paperwork...
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Yes you can, what you need is to show the courts that it is a requirement for your to still go to school or work. Make sure that...
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No, there is no authorization for states to do so under the United States Code. Municipalities are explicitly authorized to...
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Some debts, such as taxes (including payroll taxes, most student loans and unpaid wages) are not forgiven in bankruptcy even if...
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George S. May uses a contractual process that is hard to beat legally. It has been perfected over 80 years and is so air tight...
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Not only can, but must be.
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No, your credit works independently of each other. Most couples share bad credit because they share the liability for the credit...
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Yes, of course it can. What makes you think that wouldn't be the case?
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It means that person no longer has an objection to your BK plan.
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No, they are not required to stop the deduction. The IRS requires you to repay your loan according to the terms you agreed to...
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You should get the difference less any outstanding tax liens, fees and costs associated with the foreclosure. In a normal...
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No, the other spouse/owner will have to be a part of the BK filing or surrender their share of ownership before a BK is possible....
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That would be a decision made by the BK trustee in conjunction with the applicable state or federal laws. The debtor should...
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