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What can you claim when you file bankruptcy?

Updated: 8/16/2019
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15y ago

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You MUST disclose ALL your assets and ALL your financial debts/liabilities.

Not doing so can be prosecuted as criminal fraud...and will almost always have your BK case dismissed, and other very bad consequences.

All of your assets and liabilities are given priorities and classifications by the Court...some may be classified as exempt or excluded.

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15y ago
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Q: What can you claim when you file bankruptcy?
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Can you file a claim in a bankruptcy for repossession fees?

Sure


If you are not listed as creditor on chapter 11 bankruptcy?

File a proof of claim


What happens when a creditor doesn't file a proof of claim in a bankruptcy case?

If it is not a secured debt it will be included in the bankruptcy discharge.


Claim bankruptcy of your car for dwi lost?

can file bankrupcy if i lose my car


How many times can you file Chapter 7 bankruptcy and can you claim taxes?

No limit


Can a creditor file an adversarial claim in bankruptcy court in a personal 7 bankruptcy for something that they contend occurred during a business bankruptcy 2 years previous. No claim was filed then.?

No, a creditor is required to file a claim if seeking payment, otherwise that claim is considered waived. So in this case. if there was no claim, then it was waived and the debt discharged. But even if it was filed, it would have been discharged in the business BK.


If you incur a debt after you file a bankruptcy can you claim it on the next petition?

Under the new bankruptcy rules, this would be hard to impossible to do.


Where can I find free information on reasons to file bankruptcy and how to claim and file bankruptcy on my own?

It's very difficult to file without a lawyer, but it can be done. The US government themselves lay out the process at http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/FilingBankruptcyWithoutAttorney.aspx


Can you file bankruptcy on traffic citations?

I think that you can claim poverty so essentialy, yes


Does the creditor have to be in court in a bankruptcy?

No, Generally, they must file a "proof of claim", which can be done by mail...but that is about all.


Just got married have to file bankruptcy but my wife filed in 2003 can i still file with her?

You might be able to file bankruptcy individually, but the bankruptcy trustee will scrutinize joint assets and income to determine whether they must be included in your individual filing. Therefor, there may be more reasons that the bankruptcy trustee would determine as cause to dismiss your bankruptcy claim. Note that if rejection of your bankruptcy claim is upheld by the bankruptcy court, actually your have only lost your time and expenses to file that particular bankruptcy claim. An excellent book for detailed perspective on filing chapter 7 or chapter 13 bankruptcy: "The New Bankruptcy, will it work for You?" 3rd edition (published in 2009 by Nolo), by Stephen Elias. I found this book in the Colorado Springs public library under 346.078 E42N (Dewey decimal).


Who can file a proof of claim in any bankruptcy proceedings?

In a chapter 7, with a no-asset notice, no claim can be filed. In a chapter 13, all creditors should file a proof of claim within the time period provided.