You cannot file a chapter 7 now, as already stated, the cooling off period is 8 years calculated from fling date to filing date. However, you could file a chapter 13 bankruptcy.
Get your legal advice from a lawyer, not a non-lawyer. Go visit a bankruptcy attorney and explore what debt relief options are available and feasible for your situation.
Not sure why you still owe money. If the two creditors filed a proof of claim on the case to be paid, they were obviously aware of the BK. Your attorney would not need to file any amendments. My sense is either the creditors in question are doing something they shouldn't, the debts in question were non-dischargeable, or you are misunderstanding what should and should not be happening as a result of your bankruptcy.
Malpractice is extremely rare in Bankruptcy.
Bankruptcy issues aside, your insurance company is almost certainly going to issue a "joint" check. Which means the check will be made out to you and the car lender. (that is a requirement of an insurance policy when there is a known lien holder).
Yes, the car lender is still entitled to the money because of the lien. Even wrecked cars are still titled, so the lender, to release title, is entitled to payment.
A bankruptcy only discharges your personal obligation to pay, it does not void...
No on all questions. Keep in mind, in chapter 11's, there normally is NOT a trustee. The Office of the U.S. Trustee supervises the case, but there is not an "appointed" trustee (although the debtor could request one). The debtor acts as their own trustee (i.e. debtor in possession).
Once, and if, the case is converted to a chapter 7, then a panel trustee will be appointed to liquidate the business. All you do is file a proof of claim, the claim gets prioritized and it may get paid and may...
No way to answer that question here. We would need to ask you many more questions to clarify the situation. That is why attorneys do consultations. You need to seek out a local attorney and consult, and eventually hire an attorney to represent you if you want any viable shot at saving your restaurant.
As stated by others, all things being equal, if the goal is to protect certain assets, then chapter 13 is the first choice. The only issue is whether you have sufficient income to fund a...
Keep the big picture goal in mind. Your goal is the obtain a bankruptcy discharge. So, you probably don't need to (and probably shouldn't) dismiss and refile. As others have stated, you simply amend your bankruptcy schedules and modify the plan to surrender the house. It is relatively easy to do if your circumstances haven't changed too much. If your circumstances have changed (income has increased or decreased, new debts, etc), then it becomes a bigger hassle. But modifying the chapter 13 plan...
Michael laid out the possible scenarios. Just about anything you decide to do will require not insignificant work to modify your chapter 13 plan. So, best advice is to get back with your lawyer and sort through what you want to do.
What you do specifically will depend on if there is equity in the condo. If no equity or negative equity (meaning, you owe more than it is worth), then you would modify your plan to surrender the condo and let foreclosure run its course. If there is equity, you...
See my article linked below that specifically addressed gambling debts and bankruptcy.
As for the house. If you are going to quitclaim the house, that needs to be done as part of the separation agreement and divorce decree. Otherwise, the bankruptcy trustee could recover and sell the house (assuming it has equity).
You will most definitely need an attorney to help you with your bankruptcy to avoid the potential pitfalls your situation creates.