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When did the time limit for a chapter 7 bankruptcy change from 8 years to 10 years and is a bankruptcy petitioner protected by a grandfather clause if they filed before the change?
Wiki User
∙ 17y ago
The length of time a discharged 7 or 13 bankruptcy can remain on a credit report has always been 10 years. A dismissed chapter 13 remains for 7 years a dismissed chapter 7 remains for 10 years. Therefore, no type of clause applies because the requirement has never changed. Bankruptcy laws and credit reporting laws are two entirely different issues.
Wiki User
∙ 17y ago
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Can a chapter 13 bankruptcy be dismissed if the petitioner dies?
Yes.
How would you get a chapter 7 bankruptcy removed after 7 years?
A Chapter 7 bankruptcy will remain on the credit report for the requrired ten (10) years. There are not options for having it expunged sooner.
Can a joint Chapter 7 be filed by a divorced couple if most of their debts are still joint?
Probably not, since the divorce has been finalized. Although some states have bankruptcy laws that do include joint debts in this type of situation. W/O knowing the state of residency more specific information is not possible. You could consult the state bankruptcy laws for information that might pertain to this issue. I am not aware of any State that lets a person file bankruptcy with an ex-spouse since it is the Bankruptcy Code that determines who may file bankruptcy, not the individual States. The Bankruptcy Code states in 11 U.S.C. § 302(a) "Joint Cases" that "A joint case under a chapter of this title is commenced by the filing with the bankruptcy court of a single petition under such chapter by an individual that may be a debtor under such chapter and such individual's spouse... ." Therefore, people who are not spouses (i.e. divorced) cannot file a joint bankruptcy in any State regardless of the joint nature of the debts. Persons who are in the middle of divorce (so that the divorce is not final) may file bankruptcy together so long as the bankruptcy filing date occurs prior to the divorce being final. If the divorce becomes final during the pendency of the case, this is okay so long as the bankruptcy was filed before the divorce was final. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Do you know if a certain form exists or an example of a Motion to Reopen a chapter 7 Bankruptcy?
The errors in the first answer are mostly clarified in the second, but consult an attorney familiar with the topic.They answers also do not answer the question ;) and that was where to find a form - and the very simple method of obtaining the document from Pacer will always work for such a need.After a web search gives you a case number and a reference to a Motion to Reopen Bankruptcy Case, log into Pacer (http://www.pacer.uscourts.gov) or the Electronic Case Filing server for the court referred to, search for the case and court, obtain the docket report, find the Motion to Reopen, and download that document and edit it.AnswerIRS obligations do not get discharged as the result of bankruptcy. All other creditors have to write off their debts, but the IRS gets to threaten you for the rest of your life, and even go after your estate.AnswerBankruptcy is a Federal Case, and the form would be the one used by the circuit in your area. Speaking to the Court Clerk should get you what they want to see.Re-opening a closed case is not for the faint of heart or wallet. And, if it even can be done, some real cause for it better be able to be shown...the fact that you just promised the court (and everybody else) something, many times over, made agreements etc. (probably that even had references to taxes, etc) but apparently didn't think about taxes, simply may not fly.Then, as above notes, do you really want to do so? Probably depends on the Chapter you filed and if/when you filed returns, when the IRS gave their notices and if there is a lien already: Most tax debts can't be wiped out in bankruptcy -- you'll continue to owe them at the end of a Chapter 7 case, or you'll have to repay them in full in your Chapter 13 plan.If you need to discharge tax debts, Chapter 7 will probably be the better option -- but only if you qualify for Chapter 7 and your debts qualify for discharge.You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of the following conditions are true:* The taxes are income taxes. Taxes other than income, such as payroll taxes or fraud penalties, can never be eliminated in bankruptcy. * You did not commit fraud or willful evasion. If you filed a fraudulent tax return or otherwise willfully attempted to evade paying taxes, such as using a false Social Security number on your tax return, bankruptcy can't help. * The debt is at least three years old. To eliminate a tax debt, the tax return must have been originally due at least three years before you filed for bankruptcy. * You filed a tax return. You must have filed a tax return for the debt you wish to discharge at least two years before filing for bankruptcy. * You pass the "240-day rule." The income tax debt must have been assessed by the IRS at least 240 days before you file your bankruptcy petition, or must not have been assessed yet. (This time limit may be extended if the IRS suspended collection activity because of an offer in compromise or a previous bankruptcy filing.)The Effect of Federal Tax LiensIf your taxes qualify for discharge in a Chapter 7 bankruptcy case, your victory may be bittersweet. This is because prior recorded tax liens are not affected by your filing. A Chapter 7 bankruptcy will wipe out your personal obligation to pay the debt, and prevent the IRS from going after your bank account or wages, but any lien recorded before you file for bankruptcy remains. In effect, this means you'll have to pay off the lien in order to sell the property.
What is Chemistry Folio Form 4 chapter 9 alloy?
There are many things to learn in Chemistry folio form 4 chapter 9 alloy. One can start by reading chapter 9.
Can a chapter 13 bankruptcy be dismissed if the petitioner dies?
Yes.
When can you file a chapter 7 bankruptcy if you had a chapter 7 discharged in December 2001?
The bankruptcy petitioner can file another chapter 7 8 years after the date of filing of a previous chapter 7.
How do you buy a house while in a chapter 13 bankruptcy?
The chapter 13 petitioner/participant must receive the approval of the bankruptcy trustee for all major financial transactions.
Chapter 7 discharged bankrupcya cousin is now trying to take you to court for money that you borrowed a year before you filed for bankruptcy are you protected under the bankruptcy?
If you included it in your bankruptcy, you're protected by the discharge. If you didn't and you're already discharged from Chapter 7, you may not be protected. I suggest you discuss this with your bankruptcy lawyer.
When filing bankruptcy chapter 7 will they come after your 401k?
No. Never. It is exempt and protected.
Will you lose your vehicle or house by converting from chapter 13 to chapter 7 bankruptcy?
Probably there are much more chance that you will be loosing your house and vehicle by converting from chapter 13 to chapter 7 bankruptcy. There is a $25 conversion fee that has to be paid to the court. Depending upon the status of your chapter 13 case.
Can a veteran's disability be garnished for chapter 13 bankruptcy in Georgia?
Chapter 13 (and all) bankruptcy is Federal Filing. And, no, usually Vets benefits are protected under bankruptcy. See an attorney familiar with these matters.
Can you reopen a chapter 7 bankruptcy that was closed without discharge due to the petitioner's failure to provide the CCFM schedule?
yes u can u have to contatct the bankruptcy clerks office to pay the fees and get the paperwork started
Would assets in an inherited ira be protected from creditors in a chapter 7 bankruptcy?
No the IRA would no longer be protected having been inherited.
How much are the payments on a chapter 13?
The petitioner submits the repayment schedule/plan to the court and the court decides whether or not it is acceptable. The best option for the petitioner is to retain a qualified bankruptcy attorney rather than self-filing, as the forms, required documentation and so forth can be complicated to say the least. If the petitioner qualifies for the bankruptcy he or she should be aware that they will be placed on a very strict budget, which is one reason so many people fail to complete a chapter 13 BK ("Adjustments of Debts of an Individual With Regular Income").
Can an attorney re-open a chapter 7 bankruptcy that was previously discharged due to the petitioner's failure to pay legal fees?
No they cannot, this is why attorneys ALWAYS want to be paid in full before doing a chapter 7 BK.
If you filed a Chapter 13 in California and now live in Texas can you dismiss that case and file a Chapter 7?
No. Bankruptcy is not a state governed court. All bankruptcies are filed in Federal Courts. Once the Court has made a ruling it will stand. The judgment is valid in All 50 States. Sorry. Yes. Many states have opted out of federal bankruptcy filing, some states allow the petitioner to choose whether they want to file a state or a federal bankruptcy. The best choice obviously is the one that is most advantageous for the petitioner. A chapter 13 can be converted into a chapter 7 if the BK petitioner can show the trustee that they cannot meet the requirements for the original 13 filing, regardless if it is a state or federal filing. Because of the strict exemptions allowed in a Chapter 7, it would be prudent to seek legal counsel before taking any action.
