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.

ok i filed chapter 13 bankruptcy 3years ago and have been making payments on my car i recently converted my case to chapter 7 i wanted to keep my car and maintain payments but found out that i was behind somehow by like 00 and they say in order to keep my car i have to pay that 4k can they repo my car if it has been charged off i live in texas ,000 is what the total pay offf is need answers plz asap thanks

I got into a car accident, it was a total loss, and the place where I got it from didn’t offer gap insurance. My insurance company paid about 00, and I owe about 00 on it. I haven’t been able to pay since March 2011. I am possibly eligible for Chapter 7 with all of the other debt that I have. I am unfortunately seeking bankruptcy. Can I claim this loan in bankruptcy? What will happen to it if not? I’m making my first payment very soon either way. I bought a car with cash, but it is old, 14 years old.

I was having over 70000 dollar credit card debt and about 32000 dollars in bank loans. i filed chapter 7 protection and my 102,000 dollar debt was eliminated. What other benefits exist beside elimination of debt?

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".

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.

My debts have been discharged in Chapter 7. However, a major electronics store has contacted me indicating they have a lien against a laptop computer purchased from their store (on a store credit card) and they want the property returned. Can this property be seized?

I talked with the BR Atty. yesterday and he said my fee to the trustee could not be lowered due to what has been already done. He told me if I can’t pay the trustee the my case will be dismissed and all the creditors can come back after me, Now I have one year to go, Haven’t my creditors been paid? And what is the percent or chance they would come back after me if this is dismissed due to my financial situation at this time. Reason being the payments stopped my husband passed and he paid the trustee, little did I not know he didn’t for awhile when he was ill, the BR was filed in the state of California! Someone have some answers that went threw this and had to have thier case dismissed for certain reasons, the other option he gave me was to re-file chapter 7 to me that defeats the purpose plus I don’t have the income right now to even pay him to start a Chapter 7!

My mother-in-law’s situation:

1) 72 years old. Single. 40 year old deadbeat son living in her spare bedroom.
2) Owns home with 0K loan balance on a realistic value of K. No other debt.
3) Her total income(social security + small pension) is about equal to her fixed costs (mortgage, tax, insurance, utilities)
4) She has been draining her small savings to pay for food, emergency repairs, uncovered medical expenses. That balance is approaching zero.
5) No assets other than household goods and an old car.

Desired outcome:
1) Get out of house and rent small apt with no room for son, lower rent, vs mortgage payment, close to daughter.
2) Get rid of car.
3) No need for decent credit other than to get apartment lease started. She’s never going to buy anything that would require credit.

Bottom line is she needs to lower her monthly fixed costs, get rid of parasitic son and move closer to my wife and I for logistical and financial help.

So my question is does she really need to declare Chapter 7 or can she just do a foreclosure and walk away? I believe a simple foreclosure is the best thing for her; simpler and less stress. Any other thoughts and things she needs to consider?

I’m looking at this as a simple process: 1) Rent apartment and start utilities. 2) Move. 3) Stop paying mortgage. 4) Deal with bank on foreclosure but I don’t really know what she has to lose by just ignoring them.

Thanks.

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?

I have a lot of debt and don’t make enough to pay medical bills off and such. Is chapter 7 the way to go?
Just so you know Jackdneverf, not everyone in this world has such a good life as you! When you have a job that has no insurance every time you go to the doctor it’s automatically 0. Don’t judge someone until you have walked in their shoes!

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!

I would think Chapter 7 where all of your debts are essentially wiped clear.
Chapter 13, is more expensive and you still have to pay back your creditors what you can afford to pay in a 3 to 5 year period.

Clearly, Chapter 7 has to be the more common one.

I just bought a house and am moving there this weekend. I’ve been living with my boyfriend of 3 years in his house for a year. His house payment is eating him alive, which is why I got the very cheap townhouse for us to move. He has an ARM and his house is 0,000 below what he paid for it 5 years ago. There was not any real plan per se, but either bankruptcy or renting it out were what we talked about. Now that the time has come, nothing has happened. He has just frozen the past several months. It is me who is consulting a realtor for him in case he wants to rent it out and I’ve contaced and paid for a lawyer that he consulted for a bankruptcy.

He doesn’t qualify for chapter 7 unless he leaves his job and he loves his job. And he doesn’t want to do bankruptcy anyway.
Chapter 13 is a mess and I thought it wasn’t worth it.

However, his best friend is losing his house and guess what? He wants to rent out his house. So basically, my boyfriend is telling me he won’t be able to help me with only 0 his share for my house (his payment is 00) because he wants to pay the difference of his own house!

I’m very frustrated! I know the house is sentimental but I’ve been talking about getting a house since last year. It has been MONTHS that he has known this was coming and he is still frozen. So I need to get a roommate (I could afford it on my own but I do have a lot of debt to payoff) and of course, he’s telling me this a few days before we move.

I even planned for my boyfriend to have the whole small basement to himself and his studio (he’s a musician) and now he is telling me its too small. Gee, a whole house to share with just you and your girlfriend plus your own basement to have to yourself for your studio for only 0? Am I being too nice? So it sounds like he wants to keep his studio at his current house. In that case, I shouldn’t feel bad about renting out the basement, right?

He says he wants to live in both houses! I just want to live in the new house. I also feel his friend is taking advantage of him.

Do you think a few months down the road he will see things differently?
When I questioned his ability to pay then he questioned if the only reason I want him to move in is to help pay the mortgage. That hurts. No, but I DO need to pay the mortgage. And I shouldn’t have to feel guilty for asking. I shouldn’t have to feel bad if he has no extra money because he’s helping out his friend. Perhaps renting out the basement, the one I was going to give to him for free, might not be a bad idea.

me and my husband just completed a chapter 13 in august 2008. our lender CITIMORTGAGE.reviewed our bankruptcy court docket and has confirmed that a reafirmation agreement was not executed before the bankruptcy discharge was entered on or before we filed. CITIMORTGAGE said under the bankruptcy code, a reaffirmation of debt is not valid unless all of the requirements under bankruptcy law are followed. among other things, this included of filing a fully executed reaffirmation agreement (signed by all parties) with the court before discharge. so CITIMORTGAGE lien remains on our home..i call my lawyer and ask him about the reaffirmation agreement and he told me that reaffirmation agreement in the state of tennessee is only required in a chapter 7 and i and my husband filed a chapter 13…when i tried to talk to CITIMORTGAGE about this they said i am required…i dont know exactly were to go from here…my lawyer says no and citimortgage says yes….is there anyone out there that can explain to me about a reaffirmation? and who is telling the truth and what should i do because i dont know where to start to get this lein off my home and how to go about aquiring the reaffirmation agreement if im actually required.

i had 2 homes with 4 loans… filed chapter 7 and got discharged in feb. this year.
tonight, i opened to view my credit report… 1 out of 4 wasn’t found in it.

from the credit report online it shows me this:

home (md):
1st loan – balance k / past due k (why doesnt this say 0?)
2nd loan – balance 0 / past due 0

home (va):
1st loan – balance 0 / past due 0
2nd loan – Not listed.

unlike other accts above, i can still view using id/pass for 2nd loan (va) and it says i owe as of this month.

i sent an email to the customer svc. for clarification… did they forget on following up to close the acct? i dont understand…

any input…?
as far as i know, 2 homes got foreclosed and sold.

i hope it’s an admin error. what worst can happen?

*1)Have you ever filed for bankruptcy?
Yes
No

*2)If so, why did you file for bankuptcy?
Gambling problem
Shopping problem
Job loss
Theft
Other (Please Specify):

*3)How old were you?
18-25
26-35
36-50
51-70
71-^

*4)How many credit cards did you have at the time?
1-3
4-7
8-11
12^

*5)Did you become debt free after declaring bankruptcy?
Yes
No
Other (Please Specify):

*6)What chapter of bankruptcy did you file for?
Chapter 7
Chapter 11
Chapter 13
Other (Please Specify):

*7)What was you marital status?
Single
Married
Divorced
Widowed

*8)What did you file bankruptcy under?
Business owner
Consumer
Other (Please Specify):

*9)Are you currently debt free?
No
Somewhat
Yes
Other (Please Specify):

*10)Was your credit scored extermily effected?
Somewhat
No
Yes
Other (Please Specify):

I filed chapter 13 in March and am making payments to the trustee. I didn’t file chapter 7 then bc I couldn”t afford to lose my car. My lawyer told me that I wanted to keep it until I saved up a down payment for a car then I could file chapter 13 and change it to chapter 7 later.

When do I lose the car though? Am I going to lose it as soon as I sign the papers? How do I make it to where I always have a car?

I am considering filing for bankruptcy and have two unsecured loans totaling about ,000. Does a BK cover this? Also, what is the difference between a Chapter 7 and a Chapter 13.

how to proceed towards bankruptcy and what is the difference between chapter 7 and chapter 13