Chapter 7 to Chapter 7.
If you have already received a discharge in a Chapter 7 bankruptcy, you must wait eight years from the date you filed the previous case before you can file another Chapter 7 and receive a discharge.
Chapter 13 to Chapter 13.
How much does it cost to file bankruptcy in California?
It now costs $306 to file for bankruptcy under chapter 7 and $281 to file for bankruptcy under chapter 13, whether for one person or a married couple. The court may allow you to pay this filing fee in installments if you cannot pay all at once.
Can I file Chapter 7 bankruptcy twice?
In order to discharge your credit card debts, medical bills and personal loans you need to wait 4 years from the date you filed your Chapter 7 bankruptcy. If you file within 4 years of your previous Chapter 7 bankruptcy then your unsecured debts will not be discharged.
Can I file bankruptcy if I don’t own anything?
Yes, under bankruptcy law, you can still liquidate in a Chapter 7, even if you do not have any or substantial assets or property. If there are no assets to be taken, the bankruptcy trustee will declare a no-asset bankruptcy and those creditors cannot therefore make claims on property or assets to pay outstanding debts.
Can you be denied Chapter 7?
Can I Be Denied a Bankruptcy Discharge of my Debts? Yes, you can be denied a bankruptcy discharge but this is a rare occurrence. These issues usually arise in a chapter 7 and most always result in only the questionable debt being determined non-dischargeable.
Can I keep 2 cars in Chapter 7?
Keeping Your Car in Chapter 7 Bankruptcy. In return, you must give up nonexempt property — the bankruptcy trustee sells the property and uses the proceeds to pay your unsecured creditors. Whether you can keep your car in Chapter 7 depends on (1) whether your equity is exempt, and (2) whether you are behind in payments
How do I qualify for Chapter 7 in California?
If you would like to file a Chapter 7 bankruptcy you must pass the California means test. The test only applies to higher income filers which means that if your income is below the California median for your household size you are exempt from the test and may file a Chapter 7.
What happens after bankruptcy is discharged?
The bankruptcy discharge is an order from the bankruptcy court that does two things: It releases the debtor from liability for certain debts. It prohibits against attempts by creditors to collect discharged debts, including lawsuits, demand letters and telephone calls.
Can I file Chapter 7 after Chapter 13 dismissed?
You would be eligible for a Chapter 7 discharge even if you filed right after your Chapter 13 was dismissed. If your finances have recovered, then you can refile a new Chapter 13 case without having to wait years. Normally when you file a bankruptcy case you are automatically protected by the “automatic stay.”
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