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Can you place a lien on a persons property who is in chapter 7 bankruptcy?
Wiki User
∙ 13y ago
No, unless you get relief from stay from the bankruptcy court.
Wiki User
∙ 13y ago
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Where can one find something about chapter 11 bankruptcy filing?
The US Courts is the best place to source information regarding chapter 11 bankruptcy filing. Here you will find valuable information including how the chapter 11 bankruptcy works. Other sites that provide information include; Investopedia and Wikipedia.
Can bankruptcy cause your oil and gas lease to be liquidated?
Yes, leases are property rights and would therefore be considered assets subject to liquidation by the BK trustee- this applies in chapter 7 BKs. In chapter 13 BKs, you would still be able to keep all your property (assumes creditors would collect more in a chapter 13 than a chapter 7, otherwise you would not qualify to file chapter 13 in the first place). If the leases themselves have very little value then its likely that the trustee would "abandon" the property back you you.
You filed bankruptcy the civil court locked your place for levy?
Unless there is a lien on the property, they are required to obtain permission from the Bankruptcy court and get in line. Bankruptcy court has authority over all other civil courts. Contact your bankruptcy lawyer for advisement.
Where can one read chapter 7 of bankruptcy law?
The web site provided by the US government is the best site to read chapter 7 bankruptcy information. This site tells you what the law is, which is the bottom line, and is an excellent place to start.
Ifa bad check is in collections can you place it in chapter thirteen?
Yes, a bad check in collections can be included in Chapter 13 bankruptcy. You will need to list it as one of your collection accounts.
Bankruptcy and Debt?
If you have a mountain of debt that will force you to file for bankruptcy, there are two types of protection that you can file for with the bankruptcy courts. The first kind of bankruptcy protection is called chapter 7 bankruptcy. Under chapter 7 bankruptcy, your assets will be liquidated and the proceeds from the sales will go towards paying off your debts. Most remaining debts will then be discharged by the courts. The second kind of bankruptcy that you can file for is called chapter 13 bankruptcy. Chapter 13 bankruptcy is more closely related to debt consolidation in that your debts are reorganized and a payment plan is set up between you and your creditors. Chapter 13 bankruptcy is sometimes called a working man's bankruptcy because one of the requirements of filing for the protection is having a job with a steady income. In a chapter 13 bankruptcy filing, you and your lawyer will devise a payment repayment plan that explains to the courts how you will handle your creditors. Most payment plans allow you to make payments for a period between 30 and 60 months after the initial filing. According to current bankruptcy laws, the debtor must prove to the courts that he will be able to carry out the plan for the duration of the time period. Current chapter 13 bankruptcy laws give judges the ability to factor in your living expenses while repaying your debt. However, federal standards are in place that makes it difficult for judges to customize expenditures on a case to case basis. Chapter 13 bankruptcy can also be a punishment for those that have file for chapter 7 bankruptcy fraudulently. Many people prefer to file for chapter 7 bankruptcy because they will not have to repay most of their debts. However, not everyone qualifies for this kind of protection. In order to qualify for chapter 7 bankruptcy, a person must make no more than $167 over the median income of the state. If the courts find out that a person does violate this requirement, the chapter 7 protection can be revoked and changed to chapter 13. Most people that file for chapter 13 bankruptcy will also be required to attend classes that will teach them about money management and personal finance. If you fail to attend the classes or do not pass, your bankruptcy may be revoked, which will erase any protection that you were granted from your creditors. The laws surrounding chapter 13 bankruptcy are quite complex. Should you ever have to file for bankruptcy, hire a bankruptcy attorney who can guide you through the process. Even though your finances may be tight, hiring a bankruptcy lawyer can save you time and make sure that your interests are protected in the wake of your looming bankruptcy.
What happens to a vehicle when the title is held by two persons who are not married and one person files bankruptcy?
Vehicles are considered secured property and the debt is not dischargeable in bankruptcy action. The situation cited would not place the vehicle in jeopardy depending upon the way the vehicle title is worded and the exemption status. In such a case it is highly unlikely the bankruptcy trustee would order the vehicle sold. That being the case any decision concerning the vehicle would belong to the lender not the bankruptcy court.
If you file chapter 7 bankruptcy and are discharged can a creditor later put a judgment against you for a mortgage on property you surrendered to them when you filed the bankruptcy?
No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.
Where can one find an attorney to defend a Chapter 11 Bankruptcy case?
Filing a Chapter 11 Bankruptcy is a complex process. Finding a qualified attorney who is compassionate and understanding is an important first step. Compassion and understanding is a necessary requisite for such an attorney because a person files a chapter 11 bankruptcy because he/she has basically run out of any financial options like further bank loans. Checking out genuine review sites for bankruptcy attorneys on Google is perhaps a good place to start.
Can you file a lien on company before chapter 11 can i file lien before copany file bankruptcy?
Yes, but it will likely be covered in the bankruptcy anyway. It may just be good money after bad. An attorney is the best place to get information.
Does chapter 7 bankruptcy cancel debts to foreign person?
BK cancels debts to a foreigner/resident alike- assuming the debt is dischargeable in the first place.
Can an illegal immigrant file for bankruptcy in the state of California?
An illegal immigrant can file for bankruptcy in California. The federal bankruptcy code does not limit the filing of a bankruptcy to U.S. citizens or legal permanent residents. The bankruptcy code allows a debtor to be a "person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title."Whether it is advisable to file for bankruptcy, will depend on the particular circumstances of that individual.
