When filing chapter 7 bankruptcy yourself…. I understand some documents can be filed within 2 weeks. However just to get started itnitially …What are the prime documents needed to file Chapter 7 Bankruptcy yourself in MD? Is there a particular order the documents are suppose to go in?
The Federal District of Maryland bankruptcy court has an extensive website with info and references for people who don’t have an attorney.
It is here: http://www.mdb.uscourts.gov/PS_debtor_before.aspx
You should use the information from your own bankruptcy court, and also the extensive services they appear to provide for debtors without an attorney rather than relying on any advice from anonymous total strangers on the Internet who may or may not have whatever expertise they claim to have.
So I filed chapter 7 bankruptcy in 2009 and I just did my taxes and I have a refund of over $6000 but I think I remember hearing/ reading that they take your refund and give it to your creditors. Is that true? We had a really poor year in 2009 so most of it is earned income/ child credits and only about $800 is overpayment of what we should have paid.
Contrary to commonly held misconception, chapter 7 doesn’t allow you to walk away debt-free without any payment at all. Any and all assets in excess of whatever is excluded by law is taken by the trustee and is divided up proportionally among your unsecured creditors. You’re allowed to keep a certain amount of equity in your home (varies from state to state and whether you file Federal or State rules) as well as one motor vehicle per licensed driver in the home, your clothing and the tools of your trade and most of your household furnishings and sufficient cash to meet current living costs. The court will decide how much of any tax refund you will be allowed to keep. Anything above that amount will be turned over to the trustee to be applied against what you owe.
I’m filing chapter 7 bankruptcy and owe some back income taxes from 2001,2002 and 2003, was wondering if i could add them to my bankruptcy. Thanks
Actually, yes you may be able to if your tax debts meet the following criteria:
* The due date for filing a tax return is at least three years ago.
* The tax return was filed at least two years ago.
* The tax assessment is at least 240 days old.
* The tax return was not fraudulent.
* The taxpayer is not guilty of tax evasion.
Please see here for more information:
http://taxes.about.com/od/bankruptcy/qt/bankruptcy_tax.htm
Bankruptcy is one of the five ways to get out of tax debt, please see here for more info as well:
http://taxes.about.com/od/taxdebts/a/tax_debt.htm
He is filling chapter 7 bankruptcy and he is my co signer on my vehicle will I be able to keep my vehicle since he is filling for this or not.
just re-affirm
We live in Blue Springs MO, we need to file for a chapter 7 bankruptcy and so far all the lawyers we’ve contacted seem very expensive, and my husband does not have a job right now so money is very tight! So if any one knows of a good cheap bankruptcy lawyer let me know!
http://diylegalinfo.com/bankruptcy_Links.html has a lot of information on bankruptcy questions, how to handle them yourself and other information.
I am an auto mechanic and I need to file for chapter 7 bankruptcy. Will I lose my work tools if I file?
You’re required to list all assets when you file for bankruptcy. You take an oath with the court saying you’re telling the truth. If you don’t have a paper trail that follows the tools (such as purchasing with some sort of loan) than hide them in a friend’s garage and don’t list them as assets, that is at least what I would do. If the court knows you have them as an asset you may be required to liquidate them. Talk to a lawyer.
How much does it cost to file chapter 7 bankruptcy in California?
The filing fee (nationwide, not just CA) for Ch 7 bankruptcy is $299. You can expect your attorney fees to be in the range of $1500 – $2000 in California. Your bankruptcy attorney does far more than "fill out forms."
You can hire a non-attorney form-filling-out service for $300 – $600 but if "filling out forms" is all you want (NO legal advice can legally be given by "form-filling-out" services) you can do that yourself for free (not recommended, but some have done it and managed not to get their cases dismissed for common pro se filing errors).
I am going to file a chapter 7 bankruptcy, and I will surrender my cars. I am up to date with both payments, but will not make March 1st payments on them. When should I expect to surrender them to the banks?
If you want to get rid of them as soon as possible, you or your attorney can arrange for the surrender as soon as the creditors receive the Statement of Intentions indicating that you intend to surrender them… which would be about 2-5 days after the Statement of Intentions is filed in your bankruptcy case.
If you want to be able to drive them longer, you can usually manage to wait about 45 days after your Statement of Intentions has been filed.
Sometimes arranging the surrender can be problematic. If the vehicles are not properly licensed and insured (or if not in drivable condition) most attorneys advise requiring the lender to pick them up rather than you taking them to the lender’s place of business (if you get in an accident on the way to surrender the vehicle, you may be legally liable for any damages to, or caused by, your vehicle — not to mention that it may be illegal for you to drive a vehicle that is not properly licensed, insured or inspected).
If the vehicles are licensed, insured and operable, and you can legally operate them (you are properly licensed, etc.) it may be as simple as driving the vehicle to the lender’s place of business and dropping off the keys. But if it is any more complicated than that, talk to your bankruptcy attorney about arranging for the surrender.
In some cases, lenders may neglect to pick up the vehicle for months (or years) on end. This can be a problem (for example, if your municipality declares them to be "junk" and requires you to remove them from your property). If this could be an issue in your case, talk to your bankruptcy attorney about ways to resolve.
I am considering filing for chapter 7 bankruptcy. I qualify based on the means test, but I purchased an investment property with a business partner 2 years ago. there is no mortgage on the property and it’s only worth about 40k. How would a trustee normally handle this property since there is another owner who is not filing for bk and is not my spouse? does that make that property exempt?
No, neither the fact that you own it with a partner nor the fact that you own it "free and clear" makes it exempt. Florida (which your screen name seems to indicate you may be from) has an exceptionally generous homestead exemption, but that is for a homestead in which you are living.
See a local bankruptcy attorney to discuss how this property may be affected by your bankruptcy filing, and also to discuss other options if the Ch 7 option does not sound feasible.
I recently filed chapter 7 bankruptcy in Illinois will I be able to keep my tax refund?
Maybe. You have not provided enough information.