Does filing bankruptcy affect your spouse?

Does filing bankruptcy affect your spouse?

When you get married, your bankruptcy will be noted on your credit report, not your spouse’s, if you filed for it individually. However, this doesn’t mean your bankruptcy won’t affect your spouse in any way.

How much debt do you have to have to file Chapter 7?

There is no minimum amount of debt for Chapter 7 bankruptcy, but there is a maximum. You can’t have more than $1,257,850 in secured debt (usually home, automobile, boats or motorhomes) or $419,275 in unsecured debt (usually credit cards, medical bills or personal loans).

Can I keep my cell phone in Chapter 7?

As most executory contracts like leases or cell phones are so necessary in most cases, the court will have no problem with you keeping the contract if you are paying it. If you are behind on your cell phone payments and want to cancel the contract, bankruptcy will allow you to do so without any early termination fees.

Will I lose my car if I file Chapter 7?

If you lease or finance a vehicle and file for bankruptcy, you can keep your vehicle as long as you are, and remain, current on your car loan or lease payments. Your car lender can, however, repossess your vehicle if you fall behind on your payments, and bankruptcy won’t stop that.

Can you be denied Chapter 7?

The rejection or denial of a Chapter 7 bankruptcy case is very unusual, but there are reasons why a Chapter 7 case can be denied. Many denials are due to a lack of attention to detail on the part of the attorney, errors made on petitions or fraud itself.

Can I keep my car if I convert Chapter 13 to Chapter 7?

Sometimes, conversion to Chapter 7 is necessary because you can’t keep up with the payments required under your Chapter 13 plan, but conversion may be possible regardless of your reason. Depending on your situation, you may keep your house and car under Chapter 7, though generally the payment must be current.

Can Chapter 13 take my tax refund?

Tax Refunds in Chapter 13 If you file for bankruptcy under Chapter 13, you may need to provide your tax refund to the bankruptcy trustee so that they can use it to pay your creditors. However, in some situations, you may be able to get your tax refund excused from being included in the repayment plan.

Can I pay off Chapter 13 early?

In most Chapter 13 bankruptcy cases, you cannot finish your Chapter 13 plan early unless you pay creditors in full. In fact, it’s more likely that your monthly payment will increase because your creditors are entitled to all of your discretionary income for the duration of your three- to five-year repayment period.

What property do you lose in Chapter 7?

After filing for Chapter 7 bankruptcy, all of your property will go into what is known as a bankruptcy estate. You don’t lose everything, however. You’re allowed to remove (exempt) property reasonably necessary to maintain a home and employment from the estate.

Is it better to file Chapter 7 or 13?

For many debtors, Chapter 7 bankruptcy is a better option than Chapter 13 bankruptcy. For instance, Chapter 7 is quicker, many filers can keep all or most of their property, and filers don’t pay creditors through a three- to five-year Chapter 13 repayment plan.

What is the income limit for filing Chapter 7 in Florida?

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don’t have the option of filing Chapter 7.

How do I qualify for Chapter 7 in Florida?

To be eligible to file Chapter 7 bankruptcy, you must pass the means test. The means-test requires borrowers to earn below a specified income. The income is based on the median income of similar household size. The median income is determined by the U.S. Census and is updated frequently.

Can you keep your car if you file Chapter 7 in Florida?

If you own your car free and clear, any value above the exemption will belong to the bankruptcy estate. In order to keep the car, you will have to negotiate with the bankruptcy trustee to buy back the equity. Chapter 7 bankruptcy doesn’t provide a way to bring a loan current during bankruptcy.

How much does Chapter 7 cost in Florida?

The cost for filing a Chapter 7 bankruptcy is $306. This fee may not be waived but you may be able to pay it in installments. The fee of $281 for a Chapter 13 bankruptcy cannot be waived.