Ought I Own Anything Immediately Following Case Of Bankruptcy
Seriously! This is simply one of the many metropolitan stories that encompass bankruptcy proceeding. Many people trust they cannot very own one thing getting a time period of day shortly after filing for bankruptcy. You can keep their excused property and you may all you get once the fresh new personal bankruptcy was filed. However, for those who discover an inheritance, property settlement, or coverage contained in this 180 weeks immediately following processing case of bankruptcy, that cash or property may have to get towards the loan providers in case your property or cash is perhaps not exempt.
Both Minnesota and you will Wisconsin will let you like either Government exemptions which can be outlined throughout the Federal Sculptures or county exemptions that are discussed by state legislation. Bankruptcy proceeding exemptions determine what possessions you might and cannot remain when your file case of bankruptcy.
Another option that your attorney will discuss is selling any non-exempt property before we file your petition and then using the money from the sale in an appropriate manner. That way, you get to keep the value of the unprotected piece of property. You need to correspond with a lawyer before you sell or provide out one property before you file personal bankruptcy. Just because you no longer possess it doesnt mean that the trustee cant get it.
What If You Didnt Receive A Bankruptcy Discharge
If your bankruptcy case was dismissed before you could receive a discharge, you must wait 180 days to file again. Thats a lot shorter than two to eight years, of course, but its worth questioning why you received a dismissal in the first place, as it could affect your odds of a discharge next time around.
Not following the courts procedures are the most common reasons for an involuntary bankruptcy dismissal, according to House. A debtors case could be dismissed because they
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Missed a deadline
Can I Get A Credit Card After Bankruptcy
Yes, there are several options available. While technically not a credit card you could use a bank or debit card to perform activities for which you normally would use a credit card. You also may be able to keep the credit card you already have if the creditor grants approval. If these options do not work you can get secured credit card which is backed by your own bank account.
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Conditions That Can Revoke A Bankruptcy Discharge
While there is a chance for you to file for bankruptcy many times in your lifetime, it is critical to note that there are certain conditions that can lead to the revocation of your bankruptcy discharge. Regardless of whether you have been successful in filing for bankruptcy in the past, bankruptcy should not be used as a means to run away from your obligations.
The bankruptcy court can still revoke or deny your discharge if you do the following things:
A request for revocation on your bankruptcy discharge will be filed if you are proven to have conducted any of the activities above. The request can be filed within a year of the discharge or before the date the case is closed.
The bankruptcy court will decide whether the allegations for fraudulent, concealment or unacceptable activities are true before any revocation occurs.
How To Get A Discharge In The First Place
Most debt can be discharged in a personal bankruptcy case, with the exception of student loans and tax debt. So long as you qualify for the bankruptcy chapter under which you file, most consumer bankruptcies filed with the help of an attorney are discharged and youll pay pennies on the dollar for your debt.
Your bankruptcy discharge can be denied, however, if you do any of the following:
1. Attempt to defraud: If you transfer, move, or conceal property, youre in big trouble. Make sure to talk about all transfers before your bankruptcy filing with your bankruptcy attorney.
2. Conceal or destroy information: This also goes along with failing to keep information on your financial situation in the first place. Keep all records on your finances in a safe and organized place.
3. Lie: A no-brainer, but, any sort of false statement made under penalty of perjury may not only land you back in court, but in jail.
4. Lose assets: This is when you cant explain any sort of loss or deficiency in assets.
5. Refuse to comply with a court order: Similar to lying, disobeying the court is a bad idea.
6. Fail to take an instructional course: When you file for bankruptcy, you must take two instructional courses in finances. One is about credit counseling, while the other is about financial management. These courses are mandatory under the federal law that governs bankruptcy.
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The Difference Between Chapter 7 And 13 Bankruptcies
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How Can The Debtor Obtain Another Copy Of The Discharge Order
If the debtor loses or misplaces the discharge order, another copy can be obtained by contacting the clerk of the bankruptcy court that entered the order. The clerk will charge a fee for searching the court records and there will be additional fees for making and certifying copies. If the case has been closed and archived there will also be a retrieval fee, and obtaining the copy will take longer.
The discharge order may be available electronically. The PACER system provides the public with electronic access to selected case information through a personal computer located in many clerk’s offices. The debtor can also access PACER. Users must set up an account to acquire access to PACER, and must pay a per-page fee to download and copy documents filed electronically.
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Why Would Someone Want To Switch Bankruptcy Types
Obviously, there are plenty of potential reasons why someone would need to file for Chapter 13 bankruptcy more than once. However, why might someone want to switch their bankruptcy type? For instance, why would someone file for Chapter 7 and then file for Chapter 13, or vice versa?
It really all comes down to the protections that each type of bankruptcy offers and how those tie into the financial strategy you and your attorney create. Well explore some of the possible reasons for switching bankruptcy types below.
- Repeated Chapter 13: In addition to the very real prospect of facing significant financial challenges, repeating a Chapter 13 filing could be a good way to handle things like tax debt and student loan debt, which cannot be discharged and must be repaid.
- Chapter 7 to Chapter 13: Going from Chapter 7 to Chapter 13 is a viable strategy after dealing with unsecured debts and now needing to create a repayment plan to deal with debts that could not be discharged.
- Chapter 13 to Chapter 7: This strategy can help you deal with unsecured, dischargeable debts after youve paid other creditors. In most instances, youll need to pay back 100% of your debt under Chapter 13, but sometimes you can pay as little as 70% back. However, your initial bankruptcy case must be in good faith before you can file for Chapter 7 bankruptcy after filing for Chapter 13 bankruptcy.
Six Years: Chapter 7 After Chapter 13
The standard waiting period between a Chapter 7 and 13 bankruptcy is six years. However, this requirement might be waived if you paid your unsecured debts in full during the initial Chapter 13 case. Also, if you paid at least 70%, made a plan in good faith and worked hard to pay your creditors, you may not need to wait for the entire duration.
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If You’ve Filed For Bankruptcy Before You Must Wait Several Years Before Wiping Out Debt In A New Case Learn More About How Many Times You Can File For Bankruptcy
If you’ve filed for bankruptcy before and want to erase more debt, you’ll have to wait two to eight years before filing again. However, if you don’t need a debt discharge, you can file for bankruptcy as often as you’d like, as long as you’re using bankruptcy in good faith and not to avoid paying creditors.
In this article, you’ll learn how to:
- check whether enough time has elapsed to receive a debt discharge
- determine whether a court order will delay your filing further, and
- know when you’ll need to file a motion for an automatic stay orderthe order that protects you from creditor collections during the bankruptcy case.
You can also skip directly to the “How Often You Can File Bankruptcy” chart. If enough time hasn’t passed, keep reading. We explain how bankruptcy can help solve your financial problems even when it’s too soon to discharge more debt.
Our Jacksonville & Gainesville Bankruptcy Attorneys Explain
Can you file more than once? The short answer is yes. These are referred to as an area as “repeat filings” or “multiple discharges.” There are only a few rules that will prevent you from simply filing another bankruptcy case, but there is a catch. You might beable to file a new bankruptcy case only to discover that the second bankruptcy doesn’t do you much good.
The goal of most bankruptcy cases is to get a “discharge” of some or all the debt obligations. There are other legitimate goals, of course, like stopping a foreclosure or stripping a second mortgage lien, but the most common goal of filing a bankruptcy is to obtain a discharge. That’s where the rules about multiple bankruptcies kick in. If you don’t wait long enough between bankruptcy cases, you may discover that you are not eligible for a discharge in your new case. Timing is everything in repeat bankruptcy filings.
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How Long Must I Wait To File A Second Bankruptcy After Receiving A Discharge
The first situation, and probably the most common, is where you filed for bankruptcy before, received your discharge, and now need to file for bankruptcy again because you have new debt that you need to discharge. In other words, this is a situation in which your prior bankruptcy was successfully completed. In this situation, how long you have to wait depends on what type of bankruptcy you filed previously, and what type of bankruptcy you want to file now. The rules are as follows:
- If your prior bankruptcy was a Chapter 7 bankruptcy, and you received your discharge, then you have to:
- Wait at least 8 years from the date your prior bankruptcy was filed to file another Chapter 7 bankruptcy and receive a discharge
- Wait at least 4 years from the date your prior bankruptcy was filed to file a Chapter 13 bankruptcy and receive a discharge
Is Filing Bankruptcy Again Right For Me
Understanding the time limits concerning refiling is essential to avoid losing discharge eligibility. If you meet the time limits, filing bankruptcy again could be beneficial when you are struggling financially to meet all of your debt obligations. Look for a bankruptcy attorney near me to help assess your situation and give appropriate recommendations.
To determine whether filing a new bankruptcy could be beneficial, please feel free to contact our bankruptcy attorney for a free consultation today.
Have questions about filing for bankruptcy in Nevada? Find a bankruptcy attorney near you today!
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Should I File Now Or Wait
A lot of people wonder how long they must wait before they can get another discharge. If you did not receive a discharge in your prior bankruptcy case and your case was not dismissed for the reasons stated above then you have no waiting period and can file immediately. Otherwise, your waiting period depends on what Chapter you want to file now and what Chapter you filed in the past.
You will see the different bankruptcy chapter combinations and remember the number of years means the minimum time that must transpire between filing dates of the two cases in order for your new case to be eligible for a discharge.
Your Bankruptcy Situation Will Be Unique To You
Everyones debt situation is different. You must inform your attorney of any prior bankruptcy filing in the United States, regardless of where it was filed, as this may affect your ability to obtain bankruptcy protection or a discharge. Failing to tell your attorney of prior filings also impacts that attorneys ability to strategize and get you the best result you can hope for.
The Law Offices of David M. Offen have handled over 11,000 Chapter 7 and Chapter 13 Bankruptcy cases covering nearly every possible type of situation. You can call Attorney David M. Offen to discuss your specific situation and get advice on how Bankruptcy can help you turn your financial life around, even if you have already filed for Bankruptcy relief in the past.
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Consider The Pros Of Double Filing
Getting a Chapter 7 discharge and immediately filing for Chapter 13 will give you more time to pay back debts that cannot be discharged, such as child support or spousal support.
Similarly, if you just need more time to pay off your debt, you can consider filing for a second Chapter 13 early. This will not discharge any debt but adds another five years to your bankruptcy payment plan. This will buy you more time instead of having automatic wage garnishment applied to your paychecks.
If you did not receive a discharge during the first filing, you might get one in the second bankruptcy.
If you are considering double filing, you need to work with a bankruptcy lawyer to get it right. There are many nuances that could lead a court to declare that you have filed again in bad faith.
Tips For Filing A Repeat Bankruptcy
Before filing a second bankruptcy, you should create a plan to ensure the process goes as smoothly as possible.
Here are four tips to consider:
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Figuring Out How Many Times You Can File Bankruptcy And Get A Discharge
You’ll qualify for another bankruptcy discharge if you meet the waiting period rules. But the amount of time you must wait will change depending on the bankruptcy chapter you filed previously and the chapter you’d like to file. For instance, you’ll always wait longer to file Chapter 7 than Chapter 13, regardless of the chapter filed previously.
The easiest way to understand the timing rules is with a chart, so you’ll find one immediately after the bankruptcy waiting period explanation, which is next.
Are There Any Negative Consequences Of Repeat Filings
A primary benefit of filing for bankruptcy is the automatic stay. According to 11 U.S. Code § 362, the automatic stay prohibits your creditors from most of the activities they normally use to contact you or demand payment. The relief from harassing phone calls, emails, and letters can make declaring bankruptcy a huge relief because your creditors cannot bother you until the court:
- Dismisses your debt
- Discharges your debt
Because of this, in second or subsequent bankruptcy filings, the automatic stay may not be an available option. Courts work hard to avoid abuses of the bankruptcy process and system.
For a legal consultation, call
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Additional Debt Relief Options
Although bankruptcy can offer financial relief, its not a perfect solution for everyone. For example, earning too much might make you ineligible for bankruptcy. Also, bankruptcy can put a significant dent in your credit score.
Its worth weighing the pros and cons of filing for bankruptcy before proceeding, especially since the bankruptcy can remain on your .
Here are some alternative options to help repay your debts:
