Sentences with phrase «discharged under chapter»

In most cases, you get more tax debt discharged under Chapter 13, than under under 11.

If the debt can't be discharged under a chapter 7 bankruptcy, you should talk to the attorney about a chapter 13 bankruptcy and learn what the rules are for handling private student loan debt is in your area under a chapter 13 bankruptcy.

Debts which are immediately discharged under Chapter 7 Bankruptcy can include credit card debt.

If your debts are ones that can't be discharged under a Chapter 7 bankruptcy — such as alimony and student loans — then Chapter 13 may be the only option left.

Similarly, a debtor is ineligible for a second discharge under Chapter 13 if he or she received a prior discharge in a Chapter 7, 11, or 12 case filed within four years of the current case or in a Chapter 13 case filed within two years of the current case.

Do I have to attend a Financial Management Course or receive a Discharge under Chapter 7 Bankruptcy or Chapter 13 Bankrutpcy?

The discharge is also somewhat broader (i.e., more debts are eliminated) under Chapter 13 than the discharge under Chapter 7.

The following types of secured debt are not eligible for discharge under Chapter 7:

While their income history would be considered in making the initial «means test» calculations, they would be able to show that they now have less income and higher living expenses in the future to justify a general discharge under Chapter 7.

Not exact matches

(3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee;

You now must wait eight years after receiving a discharge in Chapter Seven before you can file again under that cChapter Seven before you can file again under that chapterchapter.

For Chapter 13, the requirement is that the bankruptcy was «discharged prior to loan application and all required bankruptcy payments were made on - time, or a minimum of 12 months of the pay - out period under the bankruptcy has elapsed and all required bankruptcy payments were made on time.»

If the loans were forgiven under the TPD program then you should talk to your attorney about changing your Chapter 13 bankruptcy to a Chapter 7 bankruptcy and just discharge the rest of your debt now.

Even if you're not eligible to discharge her student loans under chapter 7 you still may obtain partial relief from your student loans, both direct and private student loans, through chapter 13.

Even if you are not able to discharge her student loans in a chapter 7 bankruptcy you may be able to obtain relief on your direct student loans through the Department of Education or under chapter 13 bankruptcy.

At Marshall D Cohen LLC we have experience counseling our clients about the likelihood of their success in discharging their student loans, repaying student loans under chapter 13, and seeking administrative relief through the Department of Education.

In this court administered financial fresh start approach about 70 percent of consumers obtain a total discharge of their debt under a Chapter 7 bankruptcy in a matter of months.

At the end of the bankruptcy process — which can take four months to five years, depending on which chapter you file under — you will receive a bankruptcy discharge which effectively eliminates many debts.

Filing Chapter 7 or Chapter 13 Bankruptcy does not discharge all debts including student loans, current tax obligations, debts from willful and malicious injuries to persons or property, debts for personal injuries caused from the debtor's operation of a motor vehicle while under the influence of alcohol or drugs, debts from fraudulent actions, Debts that were not included in the bankruptcy schedules in time to allow creditors to file proofs of claim (unscheduled debts), and child support or spousal support.

Under a Chapter 13 filing, «discharge» means you are making an effort to pay back your debts.

In order to get out from under his huge student loan, Mr. Precht filed a Chapter 7 consumer bankruptcy and was successful discharging his other unsecured debt of about $ 3,100.

Instead of being completely discharged from most of your debts you are most likely falling under the Chapter 13 reorganization procedure.

So long as you qualify for the bankruptcy chapter under which you file, most consumer bankruptcies filed with the help of an attorney are discharged — and you'll pay pennies on the dollar for your debt.

Whether you file personal bankruptcy under Chapter 7 or Chapter 13 in the United States, or under the laws in the country where you live, personal bankruptcy is designed to discharge your debts.

Therefore, if a mortgage debt is canceled under Chapter 7, the lending agency may have the right to seize the mortgaged property in exchange for the discharged debt.

Not everyone will qualify to file Chapter 7 under the Bankruptcy Code's «means test» and certain types of debt can not be discharged or wiped out (such as most federally guaranteed student loans, many taxes and any outstanding family support obligations).

Here's why: If you file for bankruptcy, debt collectors must stop contacting you or garnishing your wages and, under a Chapter 7 or «fresh start» proceeding, many of your debts can be discharged.

You now must wait eight years after receiving a discharge in Chapter 7 before you can file again under that cChapter 7 before you can file again under that chapterchapter.

If your income exceeds the state medium you can be forced to file under Chapter 13 (a repayment program) and not Chapter 7 (a discharge and forgiveness plan).

Upon your final payment under your Chapter 13 repayment plan, you will receive your formal discharge notice from the court.

These laws were designed make it more difficult for consumers and businesses to file under Chapter 7 bankruptcy, under which most debts are forgiven (discharged), and instead be forced to file under Chapter 13.

I filed a chapter 7 bankruptcy followed immediately by an Adversary Proceeding under the «Undue Hardship Clause» to seek a full discharge of $ 130,000.00 of consolidated and defaulted student loans.

Under Chapter 13, filers are put in a repayment plan rather than having many of their debts discharged.

However, in a Chapter 13 case, the debtor must complete all of their payments under the Chapter 13 plan before a discharge is granted.

While the Chapter 7 means test has made it more challenging for some debtors to qualify for a Chapter 7 discharge, many consumers still qualify under the means test, especially if they understand bankruptcy law or have sound legal advice from a qualified bankruptcy attorney.

Therefore, the clerk of court will issue a discharge in a Chapter 13 as soon as practicable after the trustee notifies the court that the debtor completed all payments under your plan, which may span 3 - 5 years.

Under Chapter 7 bankruptcy, certain debts are completely discharged, meaning that the filers do not have to pay them.

Under a Chapter 7 you can reaffirm your debt before a bankruptcy discharge is entered, which means you will continue to repay a certain debt that would typically be discharged.

Although a chapter 13 debtor generally receives a discharge only after completing all payments required by the court - approved (i.e., «confirmed») repayment plan, there are some limited circumstances under which the debtor may request the court to grant a «hardship discharge» even though the debtor has failed to complete plan payments.

Under a Chapter 7, two years after the discharge with reestablished good credit or no incurred new credit obligations,