If a client files a chapter 13 bk in 2002 and converts it to a chapter 7 and is discharged in 2005, can they file another chapter 7 in 2011? What law clarifies this question?
i am not an attorney or a law student, I was simply wondering. Thank you.

Comments (3)

my chapter 13 is 100% pay can the trustee go into my bank account if i leave money in there every week to live on can he take it out. the I.R.S. is included in my payment

thanks
mary

Comments (1)

I am looking at buying my girlfriends home, she had done a chapter 13 and has a few years before it is discharged. She is paying a high interest rate and that along with the high trustee payment she cannot make the payments. We are not getting married for a year so I was going to try and buy her out. The problem I run into is showing my income along with hers. she will be living with me when I buy the house but how can I show her income on the mortgage application. With both incomes there will be no problem getting loan, but with just my income it will be close if I get the loan. We will be living together until we get married so I want to be able to show both incomes on the mortgage application.

Comments (1)

There is a utility trailer and some lawn equipment that is needed to keep the business going, would that be liquidated in chapter 7 or is work equipment safe? Chapter 13 plan is no longer feasible and there is consideration to convert to 7 but the work equipment must be preserved. Please let me know specific to New York State, because NY is always "different".

Comments (1)

I’m in Texas, so other Texans opinions would help. I filed for bankruptcy almost a year ago and have been doing great making payments, but the mortgage company has decided to throw their hat in and even though payments were being made the trustee and judge saw fit to triple the amount I was already paying. I hear a lot of people filing for Chapter 7, but I haven’t heard of anyone finishing a Chapter 13. I have four more years on this and would be encouraged if anyone has a success story about finishing their Chapter 13 payments for the full term. I would appreciate if cynics kept their snide comments to themselves.

Comments (2)

I was listening to my recorded lecture, but I could not catch the word my professor was saying.
He said " A young lady filed Chapter13 by herself without an attorney. What is that called?"
There was the background noise and I his voice was blocked and I can not get the word.
Does anybody know the terminology for a person who is filing chapter 13 by herself?

Comments (1)

So my bf is thinking about filing chapter 13. They said he won’t owe child support arrears as long as he pay 400 a month plus half of his taxes every year for 5 years. But he forgot to ask if he files will his children’s mother receive a check for everything owed. I told him most likely she will but I’m not sure. But I was just wondering would she actually get a check for what owed to the kids its a little more then14,000 plus interest which adds up to over 18,000. Thank you in advance BTW.

Comments (4)

a. can you file a chapter 13 if you are unemployed and receiving unemployment insurances.
b. what are New york exemptions
C. if i chose chapter 13 will I have to continue to pay interest on my unsecured debit?
d. does chapter 13 kill your credit score?

Comments (2)

I filed for Chapter 13 in Sept. 5, 2002 and the release date is Sept.5th. 2007. I will have overpaid my payments and want to know what the time period is for RECEIVING THE DISCHARGE LETTER IN THE MAIL?

I reside in Macomb, Michigan
I was told is was 4- months. Will a lawyer speed the process?

Comments (1)

I filed for Chapter 13 in November 2009. I now cannot afford to make the payments even though it is taken out of my paycheck biweekly. Is it a good idea to cancel my bankruptcy? If so, what will happen from there.

Comments (2)

I have been divroce since January 2009 and at the divorce I agreed that I would pay half of all debt we shared up to the day of Jan1 2009. Now my ex has yet to try and pay any of these things off (they are all in his name) and has let the interest ski rocket on tons of unpaid credit cards. He is trying to get me to pay the amount owed now. I am sure I should only have to pay the amount owed on jan1,2009 correct? Well he is now trying to file for bankruptcy and he wants to file a chapter 7, and if not he wants to file a chapter 13. I honestly do not want to file bankruptcy… i may possibly be getting settlement money and will be able to pay off any debt I owe. He states in the email he wrote me that it would be smart of me to file a chapter7 or not go against him at all… what does that mean exactly? Go against him? Does that mean refusing to file bankruptcy? I am not aware how this works and would love some info! Thanks
I guess the issue is that there is one card with my name on it as well. Now would I be able to not pay the interest that has built up do to not being able to contact the credit card company because my name is not on the cards? How can i be held responisble if I am unable to pay someone due to the name on the account? He states that if he files a chapter 13 that we will BOTH be responsible for the bankruptcy. I do not want to wait the 7 years to cont. with my life… Now since my name is on one of the cards will him filing affect me in anyway?

Comments (5)

So you’re struggling to pay your bills and still have money to feed the children. You go visit a lawyer and he suggests filing chapter 13 which would be a monthly payment to a trustee for an amount that is very close to what you’re already paying out each month…. Granted the time is shorter, but if you’re struggling now, how does this benefit you? Any polite answers are very appreciated!! Thank you!

Comments (2)

We are about to file bankruptcy and my husband came up with an idea today that might save us from doing this. Here is the situation. We are losing our house, have about 20000, in credit card debt and a deliquent truck. He has about 80000, in his Ira and if we cash it out we will take home around 45000. giving us enough to pay off everything except the house. I am ok about losing the house but I don’t want to pay big fees on next years taxes. I know the IRS pentalies us for the early with draw but do we have to claim the whole amount or the balance of the amount after pentalties on our taxes and is it worth it. They are wanting us to pay around 1000 per month on a chapter 13 for 5 years. I am so confused. Should we just wait it out and see what happens after the house and just take enough to pay the credit cards and truck..

Comments (5)

Just bear with me..
We got behind on our mortgage, and credit cards about a year ago, i lost my job, and my husband had his hours cut back. But now i have a job, and he has all his hours back, we are going to file bankruptcy, and we were going to do chapter 7. But if we do we will lose our home, because our mortgage is not current. And then we thought about filing chapter 13, the repayment plan. would that allow us to keep it? But im so scared we wouldnt be able to afford it.
What should we do…Should we lose the home, clear the debt, and just rent for a couple of years. Or should we file chapter 13, and try our best to stay afloat. We have a six year old, and one on the way…. PLease give me some advice, i have no one to talk to too. Thank you sooooo much!

Comments (4)

Im 19yrs old, i got two credit cards when i turned 18, one had a 2500 balance and the other had an 8000 dollar balance. and for the first few months i had 200 to 300 dollars in debt and i payed that off from month to month, i recently had my car take a shit, it would have coasted me 5000 dollars for the new engine, so i just bought a used car for 5000 on my credit card. then i was lost my job for a 2 months and i put on another 2000, between paying for rent, ex….. then other things started to come up where i didn’t have the money and needed to pay them. So now i have both cards maxed out. not sure what is best for me to do. I cant afford much over the minimum payments, im not sure if i should go with a debt help/consolidation thing, file a chapter 13 or 7 bankruptcy, i really don’t have many assets they can take. its just getting hard to pay the cards, and other expenses. If anyone has any information that might help me or any tips. it would be greatly appreciated. Thanks All.
i was making 2000 a month now because i lost my job and i found a new on im only making about 700 at a min. up to 1000.
Also i have have a credit score of 753. it was with the help of my mother. she had me on her credit cards sense i was 15. witch really busted my score once i got my own cards and started making payments.

Comments (3)

I was running LLC co(April 06) with another partner.The partner deposited co.money in his personal a/c.He took money to purchase truck for co. but never purchased.
When confronted that it was a fraud and my intention not to continue with business,he changed the locks(Sep.1 06) of warehouse and disappeared.(He did not even let me remove my personal things like my diary and photo album)I went to police station but they said it is civil matter and they can not help.Later on his lawyer sent me letter informing that his client has changed locks and willing to dissolve the co.
I called him several times but he did not answer.
I approched American arbitration association(as per our operating agreement).He did not deposit full fee (deposited part)and the arbitrator dismissed the case.
I approched the court and filed complaint( civil) claiming my original investment and profit till date of locking and the date was in Jan 08.In the mean time on Dec 5 he filed bankruptcy under chapter 13.
His lawer sent letter saying ‘automatic stay is in effect’. On the claim amount he wrote ‘disputed’.
I feel cheated as the co was in profit as per a/c books maintained by accounting firm.After lock out he started business in his personal name using assets of LLC Co.I do not know what to do as my whole savings are gone.
On 29th Dec.07 I filed a complaint with Sherriff but was informed that they can do nothing as it was a civil matter.
Pl somebody advise me what can I do?

Comments (1)

Ok, this is unconventional – My mom is disabled. Her home was affected by Katrina. Her home is finally fixed. However, during the past two years, she’s accrued close to 0,000 in credit card bills to pay off some of the repairs since a lot the funds from the insurance and the government were not enough. Additionally, since she is disabled and receives little from the government, she has been unable to pay enough or on time. Her interest has gone up to 25-30% on 4 cards. I have good credit. I own a condo. I want to at least help her by getting a home equity loan (basically a second mortgage) even though I want to get a loan in a couple of years to buy a house. She’s considered bankruptcy with Chapter 13 in order to not jeopardize her home, which she paid off with some of the funds received from Katrina. It seems she has no way out; and I hate to be in this situation from my own financial balance. What can be done? She needs serious help; and I don’t want to jeopardize my credit.

Comments (5)

I was running LLC co(April 06) with another partner.The partner deposited co.money in his personal a/c.He took money to purchase truck for co. but never purchased.
When confronted that it was a fraud and my intention not to continue with business,he changed the locks(Sep.1 06) of warehouse and disappeared.(He did not even let me remove my personal things like my diary and photo album)I went to police station but they said it is civil matter and they can not help.Later on his lawyer sent me letter informing that his client has changed locks and willing to dissolve the co.
I called him several times but he did not answer.
I approched American arbitration association(as per our operating agreement).He did not deposit full fee (deposited part)and the arbitrator dismissed the case.
I approched the court and filed complaint( civil) claiming my original investment and profit till date of locking and the date was in Jan 08.In the mean time on Dec 5 he filed bankruptcy under chapter 13.
His lawer sent letter saying ‘automatic stay is in effect’. On the claim amount he wrote ‘disputed’.
I feel cheated as the co was in profit as per a/c books maintained by accounting firm.After lock out he started business in his personal name using assets of LLC Co.I do not know what to do as my whole savings are gone.
On 29th Dec.07 I filed a complaint with Sherriff but was informed that they can do nothing as it was a civil matter.
Pl somebody advise me what can I do?
Already it is more than 16 months and I have paid more than $ 7000.00 to American arbitration association and attorneys since he changed locks(sep.1,06)

Comments (1)

We moved to a different state and right now we’re using every extra penny (we’re talking 00 being cheap) to be in the same state as his daughter 6 days a month to visit. Out of this time, he sees her for 20 hours. On the divorce decree it leaves it open other than she can’t be away with her mother for more than 24 until she’s 5 without written permission. She is 4 1/2 now

If we got a lawyer and were seen before a judge to change that:
1. How long would it take
2. Which state would we have to be seen in
3. What is most likely to be the visitation agreement and what should we ask for?

She does not want him to take her ANYWHERE and rather than fight her, he just does whatever so that there is less drama being seen by his daughter. We have a 14 month old who we take with us, and me and her are about to have to stop going.
We live 400 miles away from her.
Her mom lives with her grandma, grandpa, sister, nephew, and her "fiance" and 2 other ppl
They are about to go under bankruptcy and chapter 13
She doesn’t have a job

Thanks so much.

Comments (1)

Great, another problem. We filed a chapter 13 to stop garnishment and jail time, fun stuff. It wasn’t on much. Well, considering the average amount it wasn’t much. But, we filed on 24,000 in debt. At the time, we couldn’t pay it all at once, but could pay it. They wouldn’t make any arrangements so we filed on them.

Now, here is the issue. My wife finished a degree that pays very… very well. We went from making 64,000.00 a year, to a new job paying 90k plus a 30k bonus yearly, that won’t hit for 9 more months. But, we’re in a position to pay all of it off.

BUT, I’ve got a feeling the trustee will take all of our extra income from the job, pinching us until the total is paid off. How does this kind of an increase work? We anticipated this, and our lawyer didn’t seem to concerned, but now he’s "forgotten" having that conversation. We’re waiting to hear back from him (3 days later) and we’re lost on what to do.

Our payment is deducted via auto payments via her employer. If he doesn’t say anything, do we just save the debt, pay it in one lump sum or what? It’s a good problem to have, but a problem none the less. We’re ready for home ownership and have the means to do it.

I should point out too, we didn’t get in debt from silly purchases. It was almost exclusively medical from a pre-mature baby. Prior to that my credit was perfect. Any constructive advice is appreciated.

Comments (1)