In Chapter 7 cases, consumer debtors do NOT have the ability to change their mind and withdraw their bankruptcy case.
Unfortunately, you have learned that filing bankruptcy is rather complex.
If you didn't include all of your creditors, you can amend your schedules to include any creditors who were inadvertently omitted. Keep in mind that you have limited time to do this. The pro se clerk at the bankruptcy court can probably help you with this.
Since you met with the trusteee already...
In a Chapter 13 case, a debtor cannot lose assets if they are not exempt. However, the debtor will be required to pay into the Chapter 13 plan the value of those assets. Since this can result in additional plan payments, liquidating such assets before filing can be an important part of "pre-bankruptcy planning."
However, you need to be very careful as to how you spend the money from assets you liquidate just before filing. Using the funds for various necessary expenses, such as those that...
There is no way to simply answering your question without meeting you and getting additional info. If you are earning a significant amount of money now as a result of the second job, it can actually skew the results on your bankrutpcy means test, which, in Chapter 13 bankruptcy cases, is used to ascertain how much you would have to pay your creditors.
Meeting with an experienced bankruptcy attorney will provide with the necessary guidance to determine what is best for your unique situation....
First of all, all or most of your tax refund might be exempt. However, you should have claimed an exemption for the tax return in the Schedule of Exemptions in the petition.
Second, a portion of the refund is also protected because it belongs to your wife. Each state is different as to how the refund is apportioned with a non-filing spouse. I wrote a detailed article for a bar association periodical about this. The link is below.
You say that you've received a great deal of different...
If your ex-husband re-opens the case, it should not have any impact on you.
Doing so does NOT constitute a "refiling." If he does re-open the case, it will not affect your discharge, or change any discharge dates.
Incidentally, most bankruptcy courts do not permit debtors to re-open cases if the sole reason they are doing so is to add an omitted creditor. This is the topic of an article I wrote for a bar association periodical. You can read the article be clicking the link below:
You asked if the creditors can go after your soon-to-be spouse. The answer is NO.
I agree with the above answer of Mr. Fleischman that the sooner you file for bankruptcy, the better off you will be. If you earn a significant amount of income right now, you may not qualify for filing for Chapter 7 bankruptcy after you get married.
On the other hand, if your fiance owes significant debt, the two of you can file a joint petition once you get married.
Assuming that you have no real...
You can tell your accountant that you filed for bankruptcy BUT MOST ACCOUNTANTS DO NOT KNOW WHAT TO DO WITH THIS FACT!!!
Filing for bankruptcy relief does NOT result in any income tax consequences. I cannot tell you how many calls I get each year around this time from accountants who do not know this.
Your tax return should not be prepared any differently merely because you filed for bankruptcy.
I wrote a detailed article about this which was published in the Suffolk Lawyer. The...
Your husband does not need to be concerned if you later file for bankruptcy. Here's why:
The debts you have are strictly yours and creditors can't pursue him for them. It does not matter whether you are married or not. The creditors can't go after your husband if the account is not in his name.
You do probably do not have to wait to file for bankruptcy if there is less than $100,000 of equity in your house, as it is protected by the New York homestead exemption.
You can probably...
Your bankruptcy filing will probably not have any impact on the landlord-tenant proceeding.
This is because you filed for bankruptcy relief, but the lease is strictly between your wife and the landlord. The lease, and hence the L-T proceeding, has nothing to do with you.
For many articles about various aspects of filing for bankruptcy, please see the link to the Bankruptcy Blog.
Generally, if you file for Chapter 13 bankruptcy, you will be able to keep your tax refund if your Chapter 13 plan provides for a 100% payment to all creditors. If it does not, then you will have to remit any tax refund to the Chapter 13 trustee, who will include it in the distribution to creditors.
If you have a Chapter 13 plan that provides for a payment of less than 100% to unsecured creditors, then you will also have to remit all future tax refunds to the trustee for the period of the...