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Frequently Asked Questions

Can I file for Chapter 7 Bankruptcy if I filed a Chapter 7 Bankruptcy 5 years ago?

Galyn Johnson, P.C. - FAQ
Answer: No. Under the new Bankruptcy Code, you must wait 8 years to file another Chapter 7 Bankruptcy.

WHAT IS CHAPTER 7 BANKRUPTCY?

Law Offices of Brad Kurlancheek - Northeastern Pennsylvania ...
Bankruptcy is a procedure brought in federal court. About 6 months after your case is filed, the bankruptcy court in the area where you reside will issue an Order declaring all your unsecured debts discharged. That means your unsecured creditors which you had before you filed bankruptcy will then forever be barred from contacting you ever again to collect on a debt.

Can I file another Chapter 7 if I have already filed one before?

Chicago Bankruptcy Attorney - Select Legal - Chicago Illinoi...
You must wait six years before filing another Chapter 7. However, Chapter 13 bankruptcy may be an option for you.

I filed bankruptcy 5 years ago, can I get a car loan?

FAQ Consumer Loan - text only
It depends on your credit history after the bankruptcy and how you've handled your finances since then.

Who can file Chapter 7 bankruptcy?

Garretson Law Office FAQ
You must reside or have a domicile, a place of business, or property in the United States or a municipality. You must not have been granted a Chapter 7 discharge or completed a Chapter 13 plan within the last 6 years . You must not have had a bankruptcy filing dismissed for cause within the last 180 days. It must not be a "substantial abuse" of bankruptcy to grant the debtor relief. Last, it would not be fundamentally unfair to grant the debtor relief under Chapter 7 or Chapter 13.

Can I file a Chapter 7 if I have filed one in the past?

Online Brandon Lawyer, Florida legal services. Tampa lawyer
Yes, if you received a discharge and it has been at least 8 years since the other case was commenced. If it has been less than 8 years since your other case was commenced, you still may qualify for relief under Chapter 13 of the Code.

What happens if I file a chapter 7 bankruptcy?

You commence a chapter 7 bankruptcy proceeding by filing a "petition" with the bankruptcy court. The person filing a Chapter 7 is referred to as the "debtor." The debtor is required to disclose to the court all his or her property and debts and turn over all nonexempt property to the bankruptcy trustee, who then converts it to cash for distribution to the creditors. The debtor then receives a discharge of all dischargeable debts.

What property can I keep if I file a Chapter 7 Bankruptcy?

Online Brandon Lawyer, Florida legal services. Tampa lawyer
You are only allowed to keep your exempt assets when you file a Chapter 7 Bankruptcy. Florida has opted out of the Federal exemptions. Therefore, we must look to Florida law to determine which assets are exempt. Most of the exemptions can be found in Florida Statute Chapter 222. However, there are still some federal exemptions which apply to Florida residents and they can be found in 11 U.S.C. '522 (d) (10).

Why do consumers file Chapter 7 bankruptcy?

Bankruptcy FAQ & Divorce Forms
Although you are not required to state a reason or explainwhy you are filing bankruptcy, the most common reasons for consumer bankrupcy are often beyond the control of the individual debtor:

Who can file a Chapter 7 bankruptcy petition?

Almost any individual, partnership or corporation may file a chapter 7 bankruptcy petition if he or she resides, has a domicile, a place of business, or property in the United States. If you filed a prior bankruptcy petition and the prior proceeding was dismissed within the last 180 days, you may not be able to file a second petition.

Do I have to be behind on my bills to file bankruptcy (chapter 7, chapter 13, or chapter 11)?

FAQ's
NO! Often people file bankruptcy before they are seriously delinquent on their monthly debts. If you can barely make the minimum payments required on your credit cards, or if it appears that you will not be able to make payments as they come due, it may be better for you to file bankruptcy rather than let your situation deteriorate. YES! A federal injunction (automatic stay) goes into effect immediately when a person files bankruptcy, which stops the foreclosure.

I filed bankruptcy a few years ago -- will that stop me from getting a license?

Mortgage Loan Originator FAQ's
Not likely, if that's the only issue and you are able to secure a surety bond. Follow the application instructions for submitting an explanation and evidence of current status.

Return to top 5. I am a creditor in a Chapter 7 case. When can I expect payment?

U.S. Bankruptcy Court - District of Colorado - FAQs
Each case is different. First, there must have been a Notice of Possible Dividends issued in the case to which you timely filed a proof of claim. Several months after the deadline to file claims has passed you may contact the Chapter 7 trustee and ask when the trustee anticipates making payments to creditors. Remember that in more complex cases or cases involving litigation, there may be many months of delay before payments may be made to creditors.

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