Posts Tagged ‘chapter 13’

What happens after Bankruptcy chapter 13 is dismissed and closed for non compliance of payment?

A house I am buying in Las Vegas, Nevada is still in escrow and I am just waiting for order from the court for release property from the bankrupty court which would happen when all the payments to the trustee are fully paid. Unfortunately, the case was closed for non compliance of payment. Since the Bankruptcy case is now closed, and the debtor( seller of the property I am buying) is no longer protected by Chapter 13 from all her debts which went back to ,000. What happens to the house I am buying now that the bankruptcy case is closed? Can the debtors run after the property which is now in escrow?

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Can a creditor report late payments during Chapter 13?

All payments were made on time through garnishment from paycheck. Late payments were posted in 2007-2009, but I filed in 2006. Is it even legal for them to post late payments while in Chapter 13.

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Should or could I refinance my home loan after my chapter 13 closes?

I have had my home since 2003 and have a 6.5% interest rate. I have a VA Loan. I would like to free up money if possible to pay for student loans. I have been in Bankruptcy for about 5 years. My chapter 13 just closed.

Should I even try to refi, or would my horrible credit not get me a better rate?

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If I am 80,000$ in debt, should I consider a debt settlement company instead of bankruptcy?

I am in debt from helping my son when he was off work. Helping my elderly father. Also, my ex-husband was fired from his job and now we are divorcing. I am in so much debt that I am far behind on payments and I make too much money to file a chapter 7. I would have to file a chapter 13 and pay back a portion anyway. Would a debt settlement company be a better option?

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Can you file Chapter 13 bankruptcy if you have filed Chapter 7?

I filed Chapter 7 three years ago, does that disqualify me from filing a Chapter 13 before seven years or ten years? Thanks for the thoughtful responses.

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I cant afford to keep my house what is better chapert 13 or chapter 7?

Selling my house is not a opt. So hoe will chapter 13 or chapter 7 affect me?

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If you had to choose between Chapter 13 Bankruptcy and Foreclosure, which would you choose and why?

My main concern is to understand as much as I can before my wife and I make this decision. My concern is to understand if there is a difference during the rebuilding credit phase between each one? From a lender’s perspective which would they rather see, and why? How soon after each would a lender consider an owner occupied loan and a non owner occupied loan assuming everything else is "perfect"? And if you’ve filed Chapter 13 in the past how much does it cost?

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Do I have to file Chapter 13 if my 2nd mortgage has been charged off?

Home value is well below 1st mortgage and we have no plans to move. 1st mortgage is current but due to job loss could not keep up 2nd. What happens if I don’t file Chapter 13?

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Can i buy foreclosed home for cash while i am going through chapter 13? Thanks?

I am currently going through chapter 13. Understand the foreclosed homes may have back-taxes, lien and other overheads. Was just curious if they will do a credit check if you are buying the property for few hundred in cash?

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I am currently in Chapter 13 Bankruptcy, I am facing foreclosure can I refinance?

I’ve been in Chapter 13 for about three years now, I missed two mortgage payments, and now I have defaulted. I have over ,000 in equity can I refinance for a lower interest rate, about ,000 cash out to make some home improvements, and with whom? What bank takes chances with Chapter 13 refinances?

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How much info do I need to provide a collector about a 1996 dept that was claimed on a chapter 13?

I have a company that wants’ to see my chapter 13 paperwork to cease and desist. What do I have to show them? I am not sure where my all my paper work is. I have a Status of Claims, but that is all.

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Need to find a good financial advisor related to my filing of chapter 13 bankruptcy?

Here is my current situation, I have the trustee meeting coming up very soon and I need to talk to a financial expert to go over my finances and to finally decide on what to do.

Currently I have filed chapter 13 but the more I think of it I feel like chapter 7 would be the best option but I need help!

any recommendations?? thoughts?

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I filed for chapter 13 to save my house. Is it possibly get a home equity loan?

I filed for Chapter 13 to keep my home. I was out of work for over a year and things really went bad. I am back to work now making about 75,000. I have ,000 equity in this house. Because of the Chapter 13 my credit score took a huge dive. Any suggestions? Home appraised for 0,000 and I owe about 163,000. Help!

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Can you surrender your home in a Chapter 13 bankruptcy?

I have often heard people say they want to keep their home in a Chapter 13, but what if you don’t believe you can afford it anymore.

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what is the maximum salary one can make before they cannot file chapter 7?

I am looking to file Chapter 7 under myself in the state of Nevada. I have only been to one attorney thus far and was told if I was married and both of us combined make more than k/year then I have to file Chapter 13? Anyone have more input on this?

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if a listed online homeowner files Chapter 13, is it unreasonable to see if they want to sell their house?

i’ve seen one that has been listed on a foreclosure site, and it is a very nice house. they filed chapter 13 Bk, but not really sure if that affects them with their house. is it totally inappropriate to basically contact them and ask if they would be interested in selling their house, w/o even mentioning the Bk?

also, why are Chapter 13’s listed on foreclosure sites if the Bk doesn’t affect them losing their house?

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Can I keep a couple of credit cards when filing chapter 13 bankruptcy?

I would like to keep 2 of my credit cards but don’t know if they allow this under the chapter 13 laws. I know that when filing on your credit cards they close after you paid them off and I would at least like my Sams credit card and Providian to stay opened during this process and continue paying on these two normally. I am not sure if they will allow this. Any adivce?

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should i file bankruptcy or pay off the debt?

married couple. both are 38. we have a child due in June.
We live in Vegas and want to move and get an affordable home. We do not own real estate. She has k and I have k in debt, both accounts are in collections. The only asset we have is 55,000 in a retirement account.

I filed Chapter 7 in 99. My current income as insurance and financial advisor is too high for 7 here in Vegas. Right now it is around k but can get much higher.

A chapter 13 concerns me because of the 3 years of payments, its effect on my credit and potential to get another good job should we move, and we may not be able to get a house should we move.

I could liquidate the retirement and pay off the debt and have about k left after taxes and early withdrawl penalties. This would also include the tax liability for the k I took from my account last year.

As a financial advisor, I know that the withdrawl we took last year was stupid.

MOM is giving me 50K for home purchase.

BK or pay?

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Can you file bankruptcy when the court is closed?

I am recently in the process of filing for an emergency chapter 13 skeleton filing. I need to file by Monday morning December 31st to stop the sale of my home the same day. However, I just found out that the BK Court in Sacramento ca is closed Dec 31st and Jan 1st for new years. Is there any way I can still submit the filing and stop the sale? Will an electronic filing to the court take effect immediately? I know it sounds stupid that I would wait this long. However, originally I was going to just let it sell. Any help or advice would be appreciated please!
Thanks!

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Are the effects of filing chapter 7 or 13 worse on your credit?

Thinking about filing bankruptcy. Was curious as to which chapter hurts your credit more, chapter 7 or chapter 13.

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Has anyone filed Chapter 13 to save their home from foreclosure?

The only thing we would need to file on is our home, we have no other debts and we want to save our home.

How much can we expect our payment to be if our regular house payment is ,200?
We want to save our home. Would it be worth it to File Chapter 13 to save our home?
We have done everything else to save our home and this is the last hope we have.

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Can you file Bankruptcy on a leased vehicle?

We are thinking about filing bankruptcy but have a leased truck that we dont want to go back. Can we file chapter 13 on that or should we just let the truck go back?
we have racked up the miles on the lease and will be paying out the a** for them and would rather not let it go back. I wish we weren’t in this predicament, but my husband was laid off and neither of us can find a job…

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How long after a chapter 7 can you file a Chapter 13.?

We filed a chapter 7 on our own because we could not afford a lawyer. We still can’t. My husband was hurt and now we are way behind. I have tried to get work, but I haven’t worked in 20 years since we first got married. Can we re-open the bankruptcy and covert to chapter 13 or how long after a 7 can you file a chapter 13.

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Is it possible to buy a home if my fiancee filed chapter 13?

I would like to get approved for at least 250,000 mortage loan. I make 61,500/yr and she makes 31,000/yr, but I don’t know if it is a good idea to include her because she filed chapter 13 roughly 2 – 3 years ago. What should I do? Thanks.

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What happens to my credit if I decide not to continue with my intention to file for Chapter 13?

I file for Chapter 13 several weeks ago and now every account in my credit report is listed as part of the Chapter 13 plan and there is record of the Chapter 13 been filled with the court. They plan hasn’t been confirmed. What happens if I decide to withdraw the filling? can I do this? what happens to my credit? and how my possibilities to (ie. apply for an apartment) be affected?

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Do you lose or keep your primary residence if you file bankruptcy?

I’ve been looking at an informational site and couldn’t find anything that would answer this question plain and simple. For Chapter 7 it said you could keep clothes and furnishings and something else but it wasn’t house. It said everything of value had to be liquidated to pay the debts. For Chapter 13 it said something about mortgage, but it made it sound like it had to be paid off in 5 years, which I know for what my sister owes on her house, she’d only come close if they weren’t charging any interest during that time. If worse comes to worse for my sister and she ends up with her cars going into repossession and house into foreclosure, and she files bankruptcy, can she keep her house and one car, or would she have to sell them and start from rock bottom all over again?

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Can I get a mortgage after a converted chapter 13 bankruptcy to a 7?

I’ve been renting for 3 years now after filing Chapter 13 in 2007. I’m converting to a 7. Will I be able to get a mortgage once the 7 is filed very soon after? My lease is up in May. I don’t have anything for a down payment or closing costs.

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If you have no other choice and need to file bankruptcy, which is better chapter 7 or chapter 13?

After trying to find ways to be able to take care of our responsibilities we have come to the last resort and that is to file bankruptcy. We don’t own any homes or any real property. what I am curious about is which is better chapter 7 or chapter 13. We want to be able to start saving a soon as it done and when feesible start rebuilding credit. Our credit card debt is only 00 which is a lot, but it could be worse. We just had two bad years with this one being the worse. I am looking for advice on the best way to go between the two. Chapter 7 or Chapter 13 and why.

We are not happy about doing this as we have tried everything. We don’t have anything of value and we have tried to pawn stuff but couldn’t get .00 for most. We live very modestly. So please do not answer this question if you are going to be negative.

Thank you so much. We want to do the right thing so we can start over and never have to do this again.
Thank you so much for all that has given advice so far. I guess I need to add just a few details to make the situation clearer.

As I stated it has been a bad 2 years, actually almost 3 years. I got real sick and had to leave my job and am now on disability. My husband took on a second job a year ago. He pays child support. Between the two of us we have 5 kids between the ages of 9-16. We have two vehicles, which one is in the shop. We also are surrendering this vehicle.
We have an attorney and he is recommending chapter 13. I (we) have a lot of medical bills. After I had to leave my job I couldn’t afford the cobra payments for continued health insurance. To maintain health insurance with my husbands employment (state worker) would have cost more than the cobra payments.
My ex- husband filed bankruptcy and I did not know that anything he had when we were together, came back to me.
I never thought I would get sick and have to quit work. I was not prepared.

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Can I file Chapter 7 bankruptcy if I filed Chapter 13 in 2004?

I filed Chapter 13 in 2004 while I was in the military. Now I’m out and am about 0,000 in debt for medical bills. Will I be able to file for a Chapter 7 since I’ve already filed once before?
The lawyers that helped me file the first time never said anything about a Chapter 7. They told me that Chapter 13 was the only option available for filing bankruptcy.

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Is it possible to file for Chapter 13 Bankruptcy over the phone?

My friend just told me that he did the preliminaries to start to file for Chapter 13 over the phone and it cost him 95.00. Did he just get scammed?

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