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Do all creditors have to be listed on bankruptcy schedules?
Yes. All of the debts have to be scheduled, with the name and address of the creditors. This is so that they can receive notice of the bankruptcy, and get their fair share of any money that is paid to creditors. Sometimes debtors think that they should omit a creditor...
What can be done if a debtor falls behind in payments after filing a Chapter 13 case?
Debtors who have unexpected financial problems in a Chapter 13 case should immediately consult with their attorneys. It is often possible to deal with changed circumstances by amending the Chapter 13 plan. Also, it is sometimes possible to add to the plan debts that...
If a debtor is behind in house or car payments, can Chapter 13 stop a foreclosure or repossession from taking place?
Yes, in most cases. Unlike Chapter 7, where the debtor can usually stop a foreclosure or repossession only if the creditor agrees to a reaffirmation, a debtor in Chapter 13 may provide for car and mortgage payments in the Chapter 13 plan, and the creditor may be...
How does Chapter 13 work? Who can file a Chapter 13 case?
Debtors in Chapter 13 keep all of their property, whether or not it is exempt, but they make regular payments on their debts out of the money that they earn after filing the bankruptcy case. These payments must be at least as much as would have been paid to creditors...
Are all debts that were incurred before the bankruptcy discharged in Chapter 7?
No. There are a number of types of debts that are excepted from the discharge given in Chapter 7. Among the most common are debts for certain taxes, fraudulently incurred credit card debt, family support obligations (including child support and alimony), and most...
What can be done if a debtor falls behind in payments after obtaining a Chapter 7 discharge? Can another bankruptcy case be filed?
What can be done if a debtor falls behind in payments after obtaining a Chapter 7 discharge? Can another bankruptcy case be filed? The discharge in a Chapter 7 case only covers the debts that were incurred before the case was filed. The bills that a debtor incurs...