Tag Archives: chapter 13

Bankruptcy: How Many Times Can I File?

 

photo     Well, if you are Donald Trump, you just keep filing bankruptcy.  Actually, The Donald never files, just his companies.  His casinos have filed multiple times.  But, those were all Chapter 11 bankruptcies, like the latest one linked to above.

What about Chapter 7 bankruptcy?  Is it one and done?

No, it is not.  Under current law, if you received a discharge in a Chapter 7 bankruptcy, you can file again 8 years later.  That is, 8 years from filing date to filing date.

That change was made, from the former 6 year limit, effective in October, 2005.

Actually, you can FILE another Chapter 7, but you could not get a discharge of your debts, so there would be no reason.

Among others, I predict a surge in bankruptcies near the end of this year, when that 8 year time limit expires on that splurge of filings that took place just before the 2005 changes.  Many thought it would be harder under the new law to file bankruptcy, and there was near panic as lines formed at bankruptcy courts across the country.

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Bankrupt MIchiganders Eligible For Mortgage Assistance?

  There may be some for Michigan homeowners caught in the foreclosure crisis.  And filing bankruptcy does not disqualify your, automatically, from the program. I am not sure why government bureaucrats like long names for programs, perhaps, it makes them feel more important.  This is about Michigan’s Helping Hardest Hit Homeowners program, otherwise known asContinue ReadingContinue Reading

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Detroit Michigan Bankruptcy – Automatic Stay

utomatic Stay. Upon filing bankruptcy, whether Chapter 7, Chapter 11, Chapter 13, an automatic stay is imposed preventing creditors from taking ANY collection action against you:  telephone calls, letters, lawsuits, garnishments, repossessions, foreclosures, all stopped. Automatically. No judge even looks at the paperwork.  Although there is no paper anymore, all bankruptcy courts now use electronicContinue ReadingContinue Reading

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Detroit Chapter 7 Creditors’ Meeting

DETROIT BANKRUPTCY COURT This is it!  Home of the Detroit, Michigan bankruptcy court.  Nothing marking it other than the address:  211 West Fort. The initial, usually, only, court date is held here on the third floor, for both Chapter 7 and Chapter 13 creditor meetings, or, 341 hearings.  Well, for certain counties in the EasternContinue ReadingContinue Reading

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S Is For Chapter 13 Step Plan

S block

S is for Step Plan image by: dreamstime image by:  dreamstime Chapter 13 bankruptcy is difficult enough to understand.  The Chapter 13 plan is the point of a Chapter 13 bankruptcy case. Chapter 13 is a payment plan bankruptcy case, as opposed to Chapter 7 or “straight” or “liquidation” bankruptcy. Clients always ask:  How does theContinue ReadingContinue Reading

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