Depends on your situation, chapter 13 is easier on your credit, chapter 7 dismisses your debts if you qualify but hurts your credit more and stays on your report for 10 yrs. Check with a lawyer, most offer a free 1 time counsiltation and will advise you of your options.
If you're a farmer, chapter 12 would be best. Otherwise, for an individual, you may have to file a chapter 13 if your income less standard deductions is more than the median income for your state or area as determined by the IRS. The "Means Test" document you have to complete will tell you that. A chapter 13 involves a payment plan that can last up to 60 months.
A chapter 7, or "liquidation," is the best route if you qualify, since it takes about 4 months to get your discharge and the case is closed after 6 months from the date of filing, unless there are problems.
Chapter 11 is required only if your debts are commercial/business debts, exceed the limit for chapter 13 debts (changes from time to time) or if you are a non-human entity (corporation, LLP, LLC, partnership, trust, etc.).
You may file for Chapter 7 at any time after filing Chapter 13.
No. Only one bankruptcy at a time.
You can file a chapter 13 bk, but NOT another chapter 7.
You can file bankruptcy again 7 years after the last time you filed.
If I file chapter 7 or 13 how long can I stay in my house?
if you filed chapter 13 and it was discharged in 2005 can you file chapter 7 in 2009
You can file Chapter 13, but you would need to pay all creditors in full because you are not eligible to receive a discharge. If you want file Chapter 13 and receive a discharge, you must wait to file until 6 years have passed since your Chapter 7 case. You would to wait 7 years if you want to file another Chapter 7 case.
How soon after filing Chapter 7 Bankruptcy, can you file either Chapter 13 or Chapter 7 Banruptcy again?
Bankruptcy is Federal, not state. While your state of residence changes which federal district you are in, it does not change your eligibility to file.
Since its dismissed w/ prejudice - Wait 180 days and file an individual chapter 7. Your spouse does not have to file.
Divorce will not affect filing chapter 7. If the divorce is final, you will have to file separate chapter 7s. If the divorce is not final, or has not happened, you can file a joint chapter 7.
chapter 7 filings 8 years from the time of discharge and the time for filing a chapter 13 after a chapter 7 discharge 4 years.
You would be able to file for chapter 7 but not your husband.
A chapter 13 bankruptcy can be filed if it has been at least 4 years from the date of the discharge of a chapter 7. Nonsense. You can file a chapter 13 the day after the 7 is closed. You may not be eligible for a discharge, but the point of doing a "chapter 20" is usually to dump the unsecured debt in the 7 and use the 13 to get caught up on the mortgage, for which no discharge is necessary.