Each case is different depending on the amount and type of debt, the value of assets, and the client's objectives. The only way to get a complete answer is to review all of the facts with the bankruptcy attorney.
In a Chapter 13 or a Chapter 11 case, you are allowed to keep all of your property, since you are repaying the creditors under a court approved plan. In a Chapter 7 case, you may keep all property which is exempt under the North Carolina Homestead Exemption, as well as that property which has liens which you are paying.
10 days thereafter, the foreclosure can be stopped. Bankruptcy can also stop a repossession. A court order is entered automatically upon filing of the bankruptcy case which prohibits creditors from taking any action to collect their debts, including repossessions.
The fact that you filed bankruptcy cannot be used to discriminate against you in employment.
Chapter 7 is a liquidation case, which discharges all the debtor's debt, with some exceptions. A trustee of the court is appointed to liquidate the debtor's property and to take the money and pay it to the creditors. The debtor is allowed to keep that property which falls under the limits provided by the North Carolina State Homestead Exemption. Adidas Duramo 5 Leather Mens Running Shoes
Cosigners are protected in Chapter 13 cases, but in Chapter 7 cases the cosigner may be called on to pay debt which has been discharged in the Chapter 7 case.
There are no eligibility requirements for filing bankruptcy, although generally speaking anyone who cannot pay his or her bills as they fall due is a candidate for bankruptcy. With some exceptions, the fact that you filed bankruptcy in the past will not keep you from filing bankruptcy now.
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Can I be discriminated against in areas other than credit if I file bankruptcy?
What type of bankruptcy should I file?
What happens to property that is collateral for a debt?
Bankruptcy is a federal law which permits people to get protection from their creditors in order to get a "fresh start" and preserve their assets. Some bankruptcy cases are reorganization cases, which restructure debt and permit repayments, and some cases are liquidation cases, which eliminate the debt and allow retention of a certain amount of property.
What is a Chapter 13 bankruptcy?
In a Chapter 13 reorganization case, usually the secured creditors are provided for in the debtor's plan, and are paid with the money deposited with the Chapter 13 Trustee. In a Chapter 7 case, the secured creditors are paid directly by the debtor, unless the debtor decides to allow the creditor to repossess the property.
The only way that it is possible to be denied a discharge of debt is to commit fraud in connection with your bankruptcy or otherwise abuse the bankruptcy process.
Can bankruptcy stop a foreclosure or repossession?
Many, many bankruptcies are filed to stop foreclosures. So long as the bankruptcy petition is filed before the day the real estate is sold, New Adidas High Tops 2017
Most taxes, child support and alimony, student loans, and certain debts incurred as a result of fraudulent behavior are not dischargable in a bankruptcy case.
Creditors who hold liens on the debtor's property continue to hold those liens, and will have to be paid or be permitted to repossess their collateral.
Can bankruptcy stop harassing calls from creditors?
What effect will bankruptcy have on someone who cosigned a loan with me?
What is a Chapter 11 bankruptcy?
Chapter 11 is a business reorganization case in which a business gets relief from its creditors while it gets approval of a repayment plan.
From the time you file a bankruptcy case, no one can contact you for any reason regarding your debts, and it is a violation of the bankruptcy law for them to do so.
There is nothing worse that you can do to your credit than filing a bankruptcy case. For most people, their credit is already bad due to pending foreclosures and repossessions. A bankruptcy will not improve your credit, although it does provide a way of managing debt so that credit, over time, may be improved.
What is a Chapter 7 bankruptcy?
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Chapter 13 is a reorganization case, in which the debtor makes a monthly payment to a bankruptcy trustee over a period of three to five years, at which time the debtor receives a discharge of debt. A Chapter 13 case works best for debtors who would lose something with a Chapter 7 straight bankruptcy, since the debtor in the Chapter 13 case gets to retain all of his or her property.
What effect will bankruptcy have on my credit?
The North Carolina Homestead Exemption provides that a debtor may keep Adidas Energy Boost Men's Size 11 $35,000. in equity in real estate which serves as the residence, $3,500 in value in a motor vehicle, $5,000 in household goods, and an additional $5,000 in other property depending on how much is claimed in residential real estate. The amounts are doubled if a husband and wife file bankruptcy together, and certain other types of property may also be exempt.
What debts are not dischargable under bankruptcy?
Is it possible to be denied a discharge of all my debts?
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