My chapter 7 is ready to discharge shortly, I am considering chapter 13 to help save the house but I listed the property in my 7. Can I still file a 13, list the secured creditor and attempt to negotiate the debt and will I still qualify for a sta...
You can file a chapter 13 after your chapter 7 has been completed. you will not be eligible for a discharge but the arrears can be paid over time through the chapter 13. There are potential issues that could arise such as whether your actions were in good faith. I suggest you consult with experienced bankruptcy attorney.See question
I received a judgment by the small claims court last year and just received a letter that the defendant has filed chapter 7 bankruptcy, am I still entitled to the judgement and can I receive the money.
You may have some options. It depends on whether the debtor has assets with equity and whether you can assert a nondischargeability claim. You should consult with an attorney to determine whether in fact your claim will be discharged or whether there may be an opportunity to collect. However, you should note that you are stayed from trying to collect on this debt by virtue of the bankruptcy unless an action can be brought in bankruptcy court which allows you to proceed.See question
Need to know if this company has filed.
The information is available through pacer but you would need to know the state where the bankruptcy files. Often corporations are able to file in more than one state. You could call the company and ask if they filed and if they did ask for case number, state, etc.See question
I filed a chapter 13 on Jan 28 2016. I understand that it's fairly normal to have the first payment due 30 days later. That would put a payment at the very end of Feb as in the last day of Feb. Wouldn't it have then actually been the 1st of March ...
You are required to make your mortgage payments the month after you file. If you file in January your payments are due in February. The proof of claim the mortgage company will file will only include arrears up to the date you file. February would not be included in that claim so if you begin in March February would be unpaid. Trustee payments must also begin in February.See question
I filed a Chapter 7 bankruptcy in 2014 my debt was discharged September 2014 . Included in the bankruptcy was my home, which was "co-owned with me and my father in New Jersey. Although I am no longer financially responsible I am aware that the...
I agree that contacting the FHA is the place to start. You can also discuss with a mortgage broker the issue with the FHA as well as other types of loans.See question
My husband and I took money out of our retirement plan to pay down credit card debt. However he has been injured and is unable to work for the next 8 months. We will need to use a good portion of that money to supplement the loss of income while ...
You can protect some cash in the bank account. It depends on various factors such as the amount of money and how much exemption is available. The amount of exemption available will depend on whether some of the exemption gets used up on other assets. I suggest you consult with a bankruptcy attorney to fully review your circumstances.See question
I want know how long it take when you file for bankruptcy chapter 7 like how many months it can last for
In addition, note that while it may take 4 months or so to receive a discharge, the automatic stay goes into effect immediately. As a result, lawsuits, collection calls and collection letters all stop upon filing even though discharge is not received until end of case.See question
I have,been separated for over a year. My husband is currently incarcerated and his divorce attorney quit for non payment. He left me with over 50k in credit card debt for 90% of purchases he made on my credit cards. He has not made any effort bef...
There are different ways to deal with creditors such as bankruptcy or attempting to negotiate settlements. More facts are needed to determine what is best in your circumstances but it would seem that bankruptcy might be a viable option. I suggest you consult with an attorney to determine your optionsSee question
My husband and I are both employed and we have roughly 6,000.00 active debt and terrible credit scores due to fighting foreclosure since 2009. What are our options for debt relief while maintaining the rights to our home of over 15 yrs?
New Jersey Bankruptcy Courts have implemented a program to streamline the process of obtaining a mortgage modification while in bankruptcy. Your ability to obtain the modification will depend on various factors, including your income and expenses. You should consult with an experienced attorney who can review your circumstances and explain all of your options.See question
I am recently a 39 year old widow. There is no life insurance. He has individual debt as do I , we have a mortgage that I am unable to pay monthly. I do work, but my salary is not enough to meet the mortgage and monthy expenses.
You do need to list all assets and debts. However you can keep your car and typically you will not lose assets. Court will look at equity in assets and income compared to expenses to determine if you can eliminate the debtSee question