Chapter 7 and 13 Bankruptcy Forms

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Commonly Asked Questions about Chapter 7 and 13 Bankruptcy Forms

What are the negatives of filing Chapter 7?

Cons of Filing Chapter 7 Bankruptcy A bankruptcy stays on your credit report for up to 10 years. You can only file bankruptcy once every eight years. You are only allowed a certain number of exceptions. The legal process can be daunting and some find it embarrassing. Secured debts are dis-chargeable.

What can you not do after filing Chapter 7?

That being said, heres what youre not allowed to do with a Chapter 7: Lie under oath about your financial or property assets. Keep property that must be used to discharge your debts. Miss payments to certain creditors in order to keep your home.

Is it better to file a Chapter 7 or 13?

Generally, Chapter 7 is more appropriate for simple cases while Chapter 13 for more complicated bankruptcies. Or somewhat more accurately, Chapter 13 can give you more power over and flexibility with certain kinds of creditors, and if you have non-exempt assets.

What to expect after filing Chapter 7?

After you file your Chapter 7 bankruptcy, the Office of the U.S. Trustee will appoint a Chapter 7 Trustee to oversee your case. The Chapter 7 Trustee is a private, impartial individual paid to administer your bankruptcy and liquidate any non-exempt assets in your estate.

Can I spend money after filing Chapter 7?

While you are allowed to spend money on essential items such as housing, utilities, food, and transportation, extravagant expenses might be scrutinized by the bankruptcy court. Be mindful of your spending habits and prioritize essential needs to avoid potential complications.

Can you file Chapter 7 and 13 together?

Chapter 7 Followed by a Chapter 13: If the debtor receives a Chapter 7 discharge in the first case, and the second case is a Chapter 13 case, he/she will not be able to receive a discharge in the Chapter 13 case unless at least 4 years pass between the filing of the bankruptcy petition in the first and second case.

What happens to your debt when you file Chapter 13?

This chapter of the Bankruptcy Code provides for adjustment of debts of an individual with regular income. Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.

What Cannot be included in a Chapter 7?

Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.