Chapter 13 Bankruptcy Process Prior to Filing In the last 4 years did you: ~~ Receive a bankruptcy discharge under Chapter 7, 11, or 12? If it has been less than 4 years ago, you will be ineligible to receive a discharge in a Chapter 13 bankruptcy. (§1328) In the last 2 years did you: ~~ Receive a Chapter 13 discharge? A discharge will not be possible in your current bankruptcy…
Judgments and Garnishments
A judgment refers to a decision by a court that has been entered into the public record. Before a judgment can be issued, a lawsuit must be filed against you. If you do not file an answer to the lawsuit within the time period required by law (usually 20 to 30 days after service of the lawsuit on you), the plaintiff can ask the judge to issue a “default judgment.”…
Stop Foreclosure in Chapter 13
By filing Chapter 13 bankruptcy, you can stop a foreclosure if the bankruptcy is filed before the foreclosure date. Your Chapter 13 repayment plan must provide for paying the mortgage holder all arrears in the plan. The earlier that you file a Chapter 13 once you fall behind on the mortgage, the less money you will have to pay to the mortgage holder in arrears, so don’t wait to contact…