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A brief review of the three main types of bankruptcy cases for individuals chapters 7, 11, and 13. The most common types of bankruptcy are chapter 7, which are...Bankruptcy Basics - Part 1: Introduction
What is bankruptcy? What happens in a bankruptcy case? Bankruptcy is a legal process that provides relief for individuals who can no longer pay all of their debts. If you...
- Q. If you file Chapter 7 bankruptcy but not on your home and land could the courts take your property and home and sell it
- A: In bankruptcy, you get to retain any assets which are covered by state and federal exemptions. The key to determining whether your home will be safe in bankruptcy is determining how much equity you have in your home (the home's value less any mortgages, liens, etc.) and how much equity your state's exemption protects. Use Justia's Find a Lawyer tool to set up a consultation with a local bankruptcy attorney who will do this analysis as part of your consultation.
- Q. I had a chapter 7 discharge three years ago. I’m currently in a chapter 13 plan.
- A: The relevant dates are the filing dates of your two cases. If your 13 was filled it least 4 years after your 7 was filed, you might be able to get a hardship discharge in the current case. If your 13 was filed within 4 years of the Ch. 7 filing, you won't get a discharge in this case. Talk to a local bankruptcy attorney so you can get accurate dates and an expert opinion on what judges in your district are looking for in a motion for a hardship discharge. This lawyer can also make suggestions about how to keep yourself safe from creditors if you need to dismiss the current case and wait until you're eligible for a new Ch. 7.
- Q. Are you legally required to continue paying charges on a credit card if the cardholder files bankruptcy?
- A: I'm sorry, your question it's a little vague so this might not be what you're asking. If you're a joint account holder on the card, your liability isn't discharged by your co-debtor's bankruptcy. This means that they can come after you if you stop paying.
- Q. My father was approved for a mortgage but must pay a credit card filled under bankruptcy as closing costs. Is this legal
- A: I suspect that they want the credit card paid because it's showing an outstanding balance. Your father may want to consider figuring out which credit report is still showing the outstanding balance and file a dispute so the card shows as discharged in bankruptcy. Once the balance is resolved, the underwriter may be willing to proceed. Alternatively, your father may provide the underwriter with a copy of his bankruptcy petition and discharge order so they can see that the debt's been resolved. If this doesn't solve the problem, he needs to decide whether it's worth paying the debt to satisfy them, or find a different lender.
- Q. What can I do to stop foreclosure on the house and settle parents' estates w/o taking on responsibility for their debts
- A: I strongly suggest you speak with an experienced probate lawyer in your area. While you can pay the mortgage and get it caught up to avoid the foreclosure, the bigger issue is the question of how you get this home in your name. You'll have to administer your parents' estates to make this happen, and part of that process will be resolving their debts. If there's equity in the home, you may be required to sell in order to pay their debts before making any distribution to yourself. As such, it may not make much sense to throw a bunch of money at the home in an effort to keep it, if you can't actually keep it. While you're not currently liable for their debts, if you fail to properly administer their estates you may create liability for yourself. On the bankruptcy side of things, because your parents are deceased, they're not eligible to be Debtors under the bankruptcy code.
- Q. I am having problems with bank about a past bankruptcy
- A: Please correct me if I've misunderstood, but in your question you indicated that you filed bankruptcy in 2008, but then refinanced the car in 2011. If the refinance took place after the bankruptcy, that's new debt which isn't included in the 2008 case. As such the creditors are within their rights to attempt to collect. There might be other defenses to the collection efforts. For example, the statute of limitations may have run on the debt, but for this you need to talk to a local bankruptcy attorney to get a better idea of your options.
- Q. i owe twice the amount the car is worth i cant keep up with payments, not had a whole yr. got screwed Bankruptcy?
- A: A bankruptcy can be a useful tool in this situation. You could discharge the debt in a Chapter 7 bankruptcy and surrender the car. Alternatively, you might be able to get a redemption loan to pay off the vehicle through the bankruptcy for its fair market value. Talk to a local bankruptcy attorney and they can go into more details about the pros and cons of bankruptcy and the specifics on how redemption works.
- Q. Do I have to have a finalized divorce before I can file bankruptcy?
- A: There's no reason your spouse needs to file bankruptcy with you. Even if you were living together, you could file bankruptcy without him. As to the question of whether you should file the bankruptcy before or after the divorce, opinions vary and you'll want to talk to a local divorce lawyer to see what they think. If you file bankruptcy first, you can take the position in the divorce court that you've already resolved all of your debt in the bankruptcy and that anything that survives should be your husband's sole responsibility. On the other hand, the fact that you're debt free might result in the judge assigning the responsibility for some of your husband's debt on you to equalize things.
- Q. Wife recently bought house in FL, I'm not on mortgage but only deed. If I file chapter 7 bk, will house be a part of bk?
- A: A full answer is beyond the scope of a forum such as this, but the underlying concern is whether there's any non-exempt equity in the home for the bankruptcy trustee to pursue. Florida has a very generous homestead exemption that, should it apply, would likely fully protect the home. I suspect that the homestead exemption is going to be the way to keep the home safe. If for some reason the homestead exemption does not apply, you might make an argument that while you are a legal owner of the home you don't have any equitable interest (presuming that you didn't make the down payment or contribute toward any mortgage payments). I can't say whether this "bare legal title" argument will be sufficient in Florida courts, though. Because of the risk to the home, you should not file any form of bankruptcy without first discussing this matter with a local bankruptcy attorney. There's just too much on the line to roll the dice on being able to handle this yourself. That said, you should move quickly. Because your name is on the home, it's exposed to collection actions by your creditors.