San Antonio Bankruptcy Lawyer » Chapter 13 Bankruptcy

When do I get relief from creditor harassment?

sanbank — Mon, 12 Oct 2009 01:37:39 +0000

By law, once a creditor or bill collector becomes aware of a filing for bankruptcy protection, it must immediately stop all collection efforts. A provision of the Bankruptcy Code called the automatic stay prevents bill collectors from taking any action to collect debts. A creditor may be liable for court sanctions if it continues to use collection tactics once informed of the bankruptcy.

What is a Chapter 13 bankruptcy and do I qualify?

sanbank — Mon, 12 Oct 2009 01:36:15 +0000

When you file a Chapter 13 case, you agree to pay over to the Chapter 13 trustee a portion of your disposable income each month for 3 to 5 years. The disposable income is the money you have left over after your necessary expenses are paid. These payments are used to pay your creditors a agreed-upon percentage of your original debt. Usually, your assets are not affected. Only your future income is paid to the trustee.

Individuals may file Chapter 13 bankruptcy petitions if they (1) reside, have a domicile, a place of business, or property in the United States, or a municipality; and (2) have a source of regular income. Corporations and partnerships may not file a Chapter 13 bankruptcy petition.

If you filed bankruptcy before, your right to a discharge in a succeeding case may be affected.

What kinds of bankruptcies are there?

sanbank — Mon, 12 Oct 2009 01:33:19 +0000

There are several kinds of bankruptcy.
Chapter 7 – liquidation of credit card debt primarily with the ability to reaffirm secure debts
Chapter 11 – reorganization for businesses and for individuals with excessive debt
Chapter 12 – reorganization for family farmers
Chapter 13 – reorganization for individuals with a regular source of income who want to save their home from foreclosure

Most individuals and couples file either a Chapter 7 case or a Chapter 13 case.

If you choose to file either of these, you are required to take a Debtor Credit Counseling class prior to filing.

Can we transferr a chapter 7 bankruptcy over to a chapter 13 bankruptcy on one company?

sanbank — Tue, 07 Jul 2009 13:35:42 +0000

dnye56 asked:

We are in the middle of a chapter 7 bankruptcy n are 5 months behind on the house payments. The house place wants a relief from the stay or all of the money from where we are behind in. Can we go to a chapter 13 bankruptcy now in order to save the house n can we do it on only the mortgage company?

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Can I buy myself out of a joined Chapter 13 bankruptcy?

sanbank — Tue, 07 Jul 2009 13:19:50 +0000

crazy2me20032002 asked:

My husband and I are in a chapter 13 Bankruptcy. We are going through a divorce now. Can I buy out of the Chapter 13 and file a Chapter 7 by myself?

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Am I able to claim medical bills that were filed in a Chapter 13 bankruptcy on my taxes?

sanbank — Mon, 06 Jul 2009 06:13:17 +0000

Mary S asked:

I’m uninsured and was rushed to the hospital and the total bills were over $14,000.00. I ended up having to file Chapter 13 bankruptcy since I don’t make enough to pay them back. I need to know if I can file it on my taxes since I’m paying them back but not all of it.

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I went through a chapter 13 bankruptcy last year. How do I get re-financing for some properties?

sanbank — Fri, 03 Jul 2009 04:18:20 +0000

Jim P asked:

I have consitently paid on my chapter 13 to the courts for about 1-year now. However, I am still behind on some properties I own and need to refinance everything I ahve. Any ideas? No the bankruptcy ahs not been discharged. ASny private investors out there who will take a chance on a guy who wants to turn it around and wants to start over?

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How long after chapter 13 bankruptcy can you purchase a home?

sanbank — Tue, 30 Jun 2009 07:05:08 +0000

Mzdandylion0527 asked:

Everything that i’ve read says that you can get a home after 1 year in a ch 13 bankruptcy, 2 years after ch 7 bankruptcy, and 3 years after a foreclosure. I am about to file a chapter 13, and wonder how long would I have to wait before I could purchase a home. Does anyone know the actual rule and could you point me to the website or where you got your information?

Thank you!

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