What If My Bankruptcy Was Dismissed With Prejudice
If you did not obey court orders or you abused the bankruptcy system, your case can be dismissed with prejudice. While this does not mean you can never file again, it does mean the court can impose temporary restrictions on when you can file, such as placing a 180-day restriction on when you can file. Once the restriction is lifted, you can file again.
In cases where you committed bankruptcy fraud, the court may impose more than 180 days or permanently deny you the ability to file.
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.
What If My Previous Case Wasnt Discharged
Sometimes the bankruptcy court dismisses or ends a case without a discharge. That could happen if you failed to appear in court, ignored a court order or voluntarily dismissed your own case because a creditor filed a motion to continue collection efforts. If your case was dismissed, you have to wait 180 days to file again. Note that subsequent filings might not earn you the automatic stay of collection, repossession and foreclosure actions. So you may not be as shielded from creditors pursuing payment.
In other instances, courts can deny the discharge of your debts in a bankruptcy. Reasons for denial include failure to provide documents, hiding assets or perjury.
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How Donald Trump Bankrupted His Atlantic City Casinos But Still Earned Millions
By Russ Buettner and Charles V. Bagli
ATLANTIC CITY The Trump Plaza Casino and Hotel is now closed, its windows clouded over by sea salt. Only a faint outline of the gold letters spelling out T-R-U-M-P remains visible on the exterior of what was once this citys premier casino.
Not far away, the long-failing Trump Marina Hotel Casino was sold at a major loss five years ago and is now known as the Golden Nugget.
At the nearly deserted eastern end of the boardwalk, the Trump Taj Mahal, now under new ownership, is all that remains of the casino empire Donald J. Trump assembled here more than a quarter-century ago. Years of neglect show: The carpets are frayed and dust-coated chandeliers dangle above the few customers there to play the penny slot machines.
On the presidential campaign trail, Mr. Trump, the presumptive Republican nominee, often boasts of his success in Atlantic City, of how he outwitted the Wall Street firms that financed his casinos and rode the value of his name to riches. A central argument of his candidacy is that he would bring the same business prowess to the Oval Office, doing for America what he did for his companies.
Atlantic City fueled a lot of growth for me, Mr. Trump said in an interview in May, summing up his 25-year history here. The money I took out of there was incredible.
Many others were glad to see him go.
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Advantages Of Chapter 13
Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on “consumer debts.” This provision may protect co-signers. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection.
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What Happens When You File For Bankruptcy A Second Time
Legally speaking, a person can file for bankruptcies as many times as they want. However, the process becomes more restrictive.
With a second bankruptcy, you will not qualify for an automatic bankruptcy discharge in nine months. Bankruptcy will last from 24-36 months, depending on whether or not you have surplus income.
A trustee will ask the court to hear your application for discharge. The court will decide the terms of your discharge, including how long you will be in bankruptcy and whether you are required to continue making payments into bankruptcy. A creditor can also oppose your bankruptcy discharge which could result in your bankruptcy lasting longer and possibly costing more.
How Often Can You File For Bankruptcy In Ohio
People suffering under too much debt often choose to file for bankruptcy to get a fresh start. But what happens if you suffer additional setbacks, acquire more debt, and need additional help?
Can you file for bankruptcy more than once in Ohio?
If you have questions about bankruptcy and how often you can file, contact the experienced Cleveland bankruptcy attorneys at Luftman, Heck & Associates. We will work with you to determine your best options.
Call us today at for a free consultation.
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A Trump Atlantic City Timeline
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May 1984: Trump Plaza opens.
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A second casino, Trump Castle, opens. It was later renamed the Trump Marina.
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Trump opens the Taj Mahal, a 42-story, $1 billion casino-hotel, Atlantic Citys first mega-resort.
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Trump Taj Mahal files for Chapter 11 bankruptcy protection.
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Trump Plaza and Castle file prepackaged bankruptcy petitions to restructure their balance sheets.
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Trump resigns from the board of directors of Trump Entertainment Resorts Inc., which declares bankruptcy.
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The casino company again files for bankruptcy protection and Trump Plaza closes. Carl Icahn, who holds much of Trump Entertainments debt, gains control of it and the Taj Mahal.
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: Hundreds of curious buyers line up for a liquidation sale at the Taj Mahal.
Staff writer Christian Hetrick contributed to this article.
How Many Years In Between Filing Chapter 7 Bankruptcy Can I File Again
THIS QUESTION HAS BEEN ASKED AND ANSWERED MANY, MANY TIMES.
IT IS PART OF THE DATABASE HERE.
Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago.
The debtor cannot file a Chapter 13 unless: the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago or the debtor received a discharge under Chapter 13 more than two years ago.
As of October 17, 2005, the new time limit for filing a Chapter 7 is now eight years from the discharge date of a previous “7” filing. The time limit for a Chapter 13 is four years from the discharge date of a previous “7” and two years from the discharge date of a previous “13”.
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Heres Why You Need A Bankruptcy Attorney:
Hiring a Bankruptcy Petition Preparer is NOT a Solution
Pro se filers often hire a BPP as a cheap alternative to a lawyer in an attempt to save money. The BPP may tell you all you need to do is pay them just $75.00 and it will be easy to waive the Bankruptcy Courts $335.00 filing fee. This is often not the case and can eventually result in a dismissal of your case. A BPP cant provide legal advice when a waiver is denied or when other problems arise.
Let there be no doubta bankruptcy petition preparer is nothing more than a typist who, by law, isnt even allowed to give you legal advice. It isnt worth your time or money. Learn more about the risks and responsibilities of filing bankruptcy in Wisconsin without a lawyer, or book your free consultation with our Milwaukee area bankruptcy attorney today.
How Often Can I File For Bankruptcy In Kansas Or Missouri
Federal law determines how often you can file for bankruptcy and which of your debts can be discharged. For Chapter 7 bankruptcy, your debts can be discharged every eight years as determined by the date your previous case was filed.
For Chapter 13 bankruptcy, the time frames can vary according to your case. Typically, your repayment plan will last three to five years, but every case is different.
In addition, a Chapter 7 discharge may be denied if you already filed a Chapter 13 within the last six years. Similarly, you might not be eligible for a discharge under Chapter 13 if you already received a Chapter 7 discharge within four years of the current case, or if you filed Chapter 13 within two years of the current case.
There are tons of exceptions to these rules. A bankruptcy attorney can help you sift through them all and give you a more accurate picture of what your case might look like.
To get the most out of your case and prevent problems down the road, remember your attorney is on your side and needs to know your concerns. Castle Law Office has been handling bankruptcies for Kansas City clients from more than 14 years. If you need the fresh start bankruptcy can provide, call us today at 816-842-6200 to speak with an attorney. Or you can email us and schedule your free consultation.
Contact Us
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Issues With Chapter 7 Conversion
When you file for Chapter 13 bankruptcy, part of the process will be that the court will officially approve a repayment plan you must follow to receive a final discharge. If you cant agree on a plan that the court will approve, in some cases, you can convert your filing to Chapter 7.
However, if you already filed once, you have these varying time requirements before your second discharge. So, converting a Chapter 13 filing to Chapter 7 can be a problem. You may be past the amount of time required to receive a discharge with Chapter 13, but not long enough to receive a discharge with Chapter 7.
This makes having the right bankruptcy services on your side even more essential on a second bankruptcy, because you may be navigating some tough waters.
How To Get Out Of Debt Keep The House Car Retirement Savings And Finally Get A Fresh Start
Filing Bankruptcy Cases Under Different Chapters
If youre filing under a different chapter the second time around, the following rules apply:
- Chapter 7 after Chapter 13 According to Title 11 Section §727 of the U.S. Code, if your first filing was under Chapter 13, you will not be granted a discharge under a Chapter 7 until at least six years has passed from the date you filed your Chapter 13.
- Chapter 13 after Chapter 7 According to Title 11 Section §1328 of the U.S. Code, if your first case was a Chapter 7, you only have to wait four years before filing a Chapter 13.
Filing for Bankruptcy for Reasons other than Discharge
Keep in mind that the time limits discussed only pertain to discharges, not to filings. There is no limit to amount of times you can actually file. While seeking a discharge of debts is the most common reason to file for bankruptcy, its not the only reason.
Some file for the automatic stay which prevents creditors from collecting on debts. Depending on your circumstances, this could help you stop collection efforts and catch up on your payments.
Running into Difficulties with Repeat Bankruptcy Filings
There may be no legal limit on how many times you can file for bankruptcy in Texas but the courts will take a good look at why the debtor is filing for a subsequent bankruptcy. First, lets review why bankruptcies were written into American law.
Discuss Your Options with a Bankruptcy Attorney
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What Are The Time Limits
The type of bankruptcy filed in the previous case determines the time limit between cases. The time starts to run on the date the prior case is filed with the bankruptcy court. The date the discharge was entered doesnât matter.
Chapter 7 bankruptcy â¡ï¸ Chapter 7 bankruptcy: 8 years
This is the longest amount of time between cases required by the Bankruptcy Code. Chapter 7 provides the quickest form of debt relief through a bankruptcy filing and doesnât require the filer to complete a repayment plan before getting their bankruptcy discharge.
Chapter 7 bankruptcy â¡ï¸ Chapter 13 bankruptcy: 4 years
It is possible to file Chapter 13 bankruptcy soon after receiving a Chapter 7 discharge, the filer just wonât be eligible to receive a Chapter 13 discharge in the second case. So, someone who successfully discharges their unsecured debts through Chapter 7 can file a Chapter 13 bankruptcy to pay off tax debts or other types of debt that survived the prior case.
Chapter 13 bankruptcy â¡ï¸ Chapter 7 bankruptcy: 6 years
This waiting period can be waived if you paid back 100% to your unsecured creditors in your Chapter 13 plan and the original case was found to be in good faith. Plus, since a Chapter 13 repayment plan can take up to 5 years to complete before resulting in a discharge, itâs possible to file Chapter 7 bankruptcy about 1 year after receiving a Chapter 13 discharge.
Chapter 13 bankruptcy â¡ï¸ Chapter 13 bankruptcy: 2 years
Does The Debtor Have The Right To A Discharge Or Can Creditors Object To The Discharge
In chapter 7 cases, the debtor does not have an absolute right to a discharge. An objection to the debtor’s discharge may be filed by a creditor, by the trustee in the case, or by the U.S. trustee. Creditors receive a notice shortly after the case is filed that sets forth much important information, including the deadline for objecting to the discharge. To object to the debtor’s discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint starts a lawsuit referred to in bankruptcy as an “adversary proceeding.”
The court may deny a chapter 7 discharge for any of the reasons described in section 727 of the Bankruptcy Code, including failure to provide requested tax documents failure to complete a course on personal financial management transfer or concealment of property with intent to hinder, delay, or defraud creditors destruction or concealment of books or records perjury and other fraudulent acts failure to account for the loss of assets violation of a court order or an earlier discharge in an earlier case commenced within certain time frames before the date the petition was filed. If the issue of the debtor’s right to a discharge goes to trial, the objecting party has the burden of proving all the facts essential to the objection.
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Aug Bankruptcy Basics: How Many Years Between Bankruptcies Now
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 changed the timelines in the Bankruptcy Code. As of October 17, 2005, a debtor cannot get a discharge in a second Chapter 7 bankruptcy unless eight years have passed since the filing of the first Chapter 7 bankruptcy. It does not matter that a debtor filed before 2005. If Mr. Smith filed for Chapter 7 bankruptcy on September 15, 1999, he is not eligible to receive a discharge in a second Chapter 7 until September 16, 2007.
For Chapter 13 bankruptcies, a debtor cannot receive a discharge unless four years have passed since a discharge in a Chapter 7. . A Debtor can still file a Chapter 13 immediately after a Chapter 7 discharge but cannot get a second discharge until the four years have passed. The Court will frequently issue a notice that the Debtor is not eligible for discharge should the case convert to a Chapter 7 case .
Additionally, a Chapter 13 debtor who has received a discharge cannot get another Chapter 13 discharge unless at two years have passed between the discharge of the first Chapter 13 and the discharge of the second Chapter 13.
Sound confusing? It is. And yet the writers of this 2005 Act call it a perfect law.
If you think this is a perfect law, I would like to talk to you about a bridge for sale.