Yes. In addition to your normal expenses, such as rent, food, insurance and utilities, in a Chapter 7 bankruptcy you must continue paying all of your secured debts, which usually includes debts that are secured by a house, car or furniture. In other words, in order to keep your possessions, you must continue to pay for them. If you are surrendering the item that secures a particular debt to the trustee in order for he/she to sell the property & use the proceeds to pay creditors, then you do not need to continue to pay for that item. If you are unsure about which creditors you need to continue paying for, then please contact your attorney.
Oh I feel so sorry for you. What you do is you don't pay the rent and explain. You should stay at a family members house or a friends until you get settled down. If you don't pay the rent owed under a lease or rental, for whatever reason, you can be evicted, lose your deposit, and be sued for the remaining unpaid rent and for damage to the apartment. However, if the damaged apartment was unfit for human habitation, or the damages were already covered by insurance to the landlord, you may not have to pay that portion. For any diminished use of the apartment because of unrepaired damage, you might be lucky to receive a small abatement. So, if you're going to withhold rent, you should continue to make the payments into a savings account (or otherwise keep it available) so you can make the back payments that the court orders you to.
Normally the bankruptcy filing has nothing to do with whether or not the tenant has paid his rent. A landlord does not have the right to evict a tenant simply because the tenant filed chapter 7 unless that is part of the lease. The terms of the lease determine if the tenant will be evicted. If the tenant pays the rent, he should not be evicted.
which book is it from?
7 percent
Renting an apt. is not an asset but the up front payment or security deposit is. Once you file that is it anything after that is your problem. If you default in the rent you can't file again for I think 7yrs. Normally they can't touch your home unless you have equity. An apt. has no equity normally unless you own it.
YES! Child support can not be removed even when filing Chapter 7.
Sure.
Yes you do. You're still receiving services -- in this case a place to live -- so you still are required to continue your agreement and pay rent.
I think so...
The major difference between Chapter 11 bankruptcy and Chapter 7 bankruptcy is that Chapter 11 offers more flexibility so that debtors can negotiate terms without having to sell their assets. Under Chapter 7 bankruptcy, the debtor's assets are almost always sold to pay off their debt. Chapter 7 also features a level of debt forgiveness, whereas Chapter 11 does not.
Yes you can protect it under chapter 7 bankruptcy
Chapter 7 bankruptcy protects you from creditors and sells your non secured assets to pay the creditors that you owe. If you do not own an assets, you will not have to pay the creditors and the debt will be forgiven.
yes
Bankruptcy laws changed dramatically in 2005 and make it considerably harder for people to file chapter 7 bankruptcy, those people who do not qualify for chapter 7 are left with the option of chapter 7. Some of the major changes with chapter 7 are:In a Chapter 7 bankruptcy, the income of the person filing will be subject to a two-part test. First, your income will be calculated with exemptions such as rent and food to determine whether you can afford to pay 25 percent of your unsecured debt such as your credit card bills. Second, your income will be compared to your state's median (middle) income.You won't be allowed to file for Chapter 7 if your income is above your state's median income and you can afford to pay 25 percent of your unsecured debt. Even if your income is below the state's median income and you can pay 25 percent of your unsecured debt, the court may still deny your Chapter 7 filing. There will be very few exceptions to this test, no matter how sympathetic your case is.
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: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
Yes. Chapter 7 means you can't pay your bills. It is not free to file and you need to get an attorney to do it for you.
No. You still have to pay the mortgage.