Joint bankruptcy with a single Chapter 7 on record?

I filed for chapter 7 bankruptcy in 2005 and we did not include the house. Now my wife & I will be getting a divorce. Is it possible to file a Joint Bankruptcy when it has been only 4 years since I filed myself? We’re in Tennessee if that matters.
Sorry, I couldn’t remember the word "re-affrimed" when I was typing my original question. I did re-affirm the house during the Chapter 7 filing.

Since it has only been 4 years since the last time you filed, your only option for bankruptcy at this point is a Chapter 13 where you will be expected to pay monthly toward your debts.

Did you have the mortgage when you filed 4 years ago? If so, you were required to include that debt in the bankruptcy. If you did not, you committed fraud. Look at your BK paperwork or contact your lawyer from 4 years ago to verify the debt was included. If you did include it, unless you reaffirmed the debt, you do not have to pay the mortgage. You can walk away.

If you did not include the house, if you file now, they will figure out you failed to list all your debts and may examine your old case.

Published on 26 Dec 2009 in chapter 7 bankruptcy, by admin

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What are the benefits of filing Chapter 13 bankruptcy over just having your debts charged off?

If a person has a lot of unsecured debt that has been charged off by the lenders and the person is not eligible for Chapter 7, should they file Chapter 13? What are the benefits of filing Chapter 13 in this situation? Thanks!

If your lender "charges it off," it doesn’t mean you off the hook. It could mean that the creditor assigned it to a collection agency or actually sold the debt to a collections agency. Either way the creditor is going to continue to try to collect after charge off, which is actually an accounting issue and does not preclude collections.

When you really need bankruptcy protection is if a creditor decides to file a lawsuit against you. Then it’s time to call in the professional help, it’s time to call in a lawyer.

Published on 26 Dec 2009 in chapter 13 bankruptcy, by admin

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Are there any churches in America that is not going bankrupt?

The ELCA and episcopal churches are severely short on funds because their members are leaving because of gays in the church.

The baptist missionary program is going bankrupt because it costs $45,000 a year just to send one missionary out.

So many catholic dioceses are filing for bankruptcy, i’ve lost count at around 10.

the list goes on and on…

The ones that get their money from god. Which means…

Published on 26 Dec 2009 in going bankrupt, by admin

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Is chapter 7 bankruptcy the right thing to do?

My sister has been on SSI ( social security income ) due to a disability for a few years. She got 3judgmentsered judgments against her from creditors ( about $ 10,000), she has no way to pay now. I advised her to file chapter 7 bankruptcy to wipe out this debt, Is it legal to file for chapter 7 bankruptcy in this case ?
Thanks for help

Your sister can file for bankruptcy but the regulations require spending a year in credit counseling which you pay for, then the actual bankruptcy costs are for the lawyer and around $300 for court costs.

A much easier way in her situation would be to send all her creditors a letter stating she is judgment-proof because she is on SSI and has no assets, and quote the section of the Fair Debt Collection Act in the letter. That will probably end the problem.

Before she gets sued for these debts I suggest sending the letters to each creditor. You can find this form letter on line at several websites.

Published on 24 Dec 2009 in chapter 7 bankruptcy, by admin

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Can I start a business while in personal bankruptcy Chapter 13?


Log on to this site for all information on Bankruptcy. http://bankruptcy-info.we.bs/ All the Best…

Published on 21 Dec 2009 in personal bankruptcy, by admin

2 Comments >>

How long before I can purchase a home after a Chapter 13 Bankruptcy?

If I was to file for chapter 13 bankruptcy, how long would it take for me to be able to purchase a home with FHA. How long will it take before creditors approve me for credit.

Thank you,

FHA does not look at credit. They only look at your ability to repay based on your debt/income ratio.

Published on 13 Dec 2009 in chapter 13 bankruptcy, by admin

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Can a LLC own property and some one from this LLC file a personal bankruptcy will this affect the property?

Our personal home is in foreclosure, if we apply for a LLC license and add the LLC license to our rental property during a bankruptcy will we be forced to sell the rental property?

The bankruptcy look-back period looks at (and will "unwind") transfers within the past year for which the debtor did not receive FMV.

Xferring your personal home into a LLC would be one of those transactions that would be "unwound" by the bankruptcy Trustee — and if it looked like a deliberate attempt to hide assets you could be prosecuted for bankruptcy fraud.

Published on 08 Dec 2009 in personal bankruptcy, by admin

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how easy is it to get out of chapter 11 bankruptcy?

It seems unfair when a company files chapter 11 they only have to pay back a portion of what they owe to creditors. is this true and how many time can you file bankruptcy until they say you can’t?

In Ch 11 the debtor (often a corporation, though Ch 11 is also available to individuals) must come up with a repayment plan that is acceptable to its 20 largest creditors and to the bankruptcy court.

Any creditor (person or business who is owed money by the debtor) can file an objection to the confirmation of the Plan. However, minor creditors are unlikely to prevail if the 29 largest creditors already agree to the Plan unless they have reasons strong enough to convince the court to reject the Plan proposed by the debtor.

Ch 11 is very complex, and if you intend to object to confirmation of a Ch 11 debtor’s plan, you really — trust me, REALLY – need an experienced attorney to represent you.

There is no limit to the number of times an entity can file Ch 11. However, the so-called "natural" limit comes into play when creditors no longer will agree to extend credit to a company because of its history of repeated Ch 11 bankruptcy filings.

Published on 08 Dec 2009 in chapter 11, by admin

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When is Obama going to let GM go bankrupt and restructure on their own?

They lost almost another 10 billion in the 4th quarter even though they got some help. What a waste!

Perhaps sooner than you think.
I think they’ve had ample help to get them out of their old mindset and back on track.

FYI….Bush started giving GM bailout money way before Obama.

Published on 08 Dec 2009 in going bankrupt, by admin

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Why is Personal Loan Considered the Most Preferred Financial Solution in Uk!

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Kirthy Shetty
http://www.articlesbase.com/loans-articles/why-is-personal-loan-considered-the-most-preferred-financial-solution-in-uk-74863.html

Published on 07 Dec 2009 in personal bankruptcy, by admin

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