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It is up to the creditor to file a motion for relief from stay in order to take back the car. Your ability to buy another car will only be limited by your ability to find a willing seller and a willing lender.

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Q: If you stop making your car payment while waiting for your chapter 7 bankruptcy to be discharged how long until your car is taken from you and will you be able to get another car?
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I filed bankruptcy under Chapter 13. Student loans were discharged under hardship. Do I still have to pay them?

Chapter 13 is "reorganization" plan for payment. Student loans were within the plan for payment? or were they discharged within another bankruptcy? normally student loans are not dischargable, (11 U.S.C. sec. 523(a)(8) bankruptcy:) there are two exceptions: 1: loans are not from any governmental agency unit or non profit 2: paying the loan will impose an undue hardship to dependents.


Is it possible to keep a vehicle that has post-arrears once a Chapter 13 has been discharged?

If it has been discharged (At the end of the Chapter 13 plan), then you will most likely have to work out some type of payment with the lender. You can also consider filing another Chapter 13. (The car would most likely be the only debt)


Scheduled to be discharged without payment 185109 What does this mean in Bankruptcy chapter 7 and can creditors collect?

You need to read whatever you got from the court more carefully. "185109" is meaningless in federal bankruptcy. Courts do not usually "schedule" a case to be discharged." You may have received a letter from your lawyer saying that was the expected discharge date. If you receive your discharge, that is the end of any collection actions by any creditors.


Does interest owed to the Internal Revenue Service stop accruing during Chapter 13 bankruptcy?

Typically a Chapter 13 bankruptcy will require you to enter into a payment plan with the IRS, and interest will be frozen as of the date that you file your bankruptcy petition.


How do you get payment on child support if your ex spouse files chapter 7 bankruptcy?

Yes, bankruptcy does not effect spousal support or child support.


What can a trustee take during chapter 13 bankruptcy?

Money for your plan payment, tax refunds.


Are vendors guaranteed payment selling a company in Chapter 11 Bankruptcy?

No, but generally they receive higher preference than unsecured creditors that issued credit prior to the bankruptcy, should the chapter 11 company go to chapter 7.


If you have a chapter 7 discharged and then something happens with your home can you open a chapter 13 to save your house then you change your mind and the chapter 13 is dismissed what does thi?

What happens if you have paid all fees for a chapter 7 bankruptcy and your trustee tells you to turn over your income tax check and you don't because you are laid off and you are using the income tax check to pay bills and medical expenses and the trustee has threaten to revoke your bankruptcy due to non payment of your income tax check


Can you file back child support in a bankruptcy in the state of Illinois?

When you file for bankruptcy, you are required to list ALL debts you owe. However, child support or alimony (called Domestic Support) are NOT discharged in a bankruptcy. In a Chapter 7 - this debt survives your discharge. In a 13 - you probably can pay back the arrears over time, but you have to make the required monthly payment to the Child support agency for current support AND the trustee payment for the back support. I would seek the advice of an attorney that specializes in Bankruptcy to see if this is an option for you.


What is the punishment for dismissed for bankruptcy chapter 13?

There is no real "punishment"for not meeting the obligations of chapter 13 (which are usually pretty strict repayment plans). The negative side effect is that filing for bankruptcy will be on your credit report and your payment obligations will be due in full (rather than the reduced payment plans established by chapter 13) which can be very difficult.


What monies do you have to surrender in a chapter 13 bankruptcy?

It is not necessarily surrendering monies as it is being placed on a very disciplined payment plan to repay the debts you have incurred over the years. Chapter 13 bankruptcy is a structured repayment plan, and involves a debtor paying off as much of his or her debt as possible over a 3-5 year period. An individual's debts are not discharged under Chapter 13 bankruptcy, but rather, the individual may lower his debt payments to affordable levels. He will then have a certain period of time to pay off his debt. The plan for getting out of debt is formalized and approved by the bankruptcy court.


How does bankruptcy work?

It depends on what chapter you file under. There are separate types of bankruptcy for businesses and for individuals. The two chapters for individuals is chapter 7 and chapter 13. Chapter 7 discharges most debts but has more serious repercussions. Chapter 13 consolidates many debts to make one payment which is much more manageable. The attached article explains bankruptcy and compares chapter 7 and chapter 13.