I live in Oklahoma and am married but have been living apart from my husband for several years with my daughter and have been filing head of household on my tax returns. I would like to know how I would file chapter 7 bankruptcy? does my husband have to be apart of the legal process? I have only one asset which is my car. my husband is the "owner" and I am listed as the co-borrower but I am the one who actually owns the car and makes the payments. I have been behind on my payments but have recently caught up and i would like to reaffirm the car loan? here is the bankruptcy law that pertains to this:

Married, not filing jointly, with declaration of separate households. by checking this box, debtor declares under penalty
of perjury: “My spouse and I are legally separated under applicable non-bankruptcy law or my spouse and I are living
apart other than for the purpose of evading the requirements of § 707(b)(2)(A) of the Bankruptcy Code.”

Here is the link to the bankruptcy form I found this on:
uscourts.gov/rules/BK_Forms_0…

You can file chapter 7 seperately. it might appear on his credit though because you are legally married.

Filing bankruptcy is not an easy process and there are lots of forms to be filed and do it on your own has always some missing factors… not sure your situation would allow this, but you might better talk to the lawyer or accountant, I know it will cost but better do it now than ending up paying more..

Married but live apart and filing for Chapter 7 Bankruptcy?

Married but live apart and filing for Chapter 7 Bankruptcy? is a post from: Chapter 7 Bankruptcy Information

when can you file ch 7 again if you filed a previous one in 2000 and it was discharged on December 1, 2000?

do you become eligible again on December 1, 2008?

In order for you to file another Chapter 7 case, it must be more than 8 years since the FILING DATE of your previous Chapter 7 case. If you received your discharge on 12/01/00, then you probably filed your previous case in August or September of 2000 and are probably eligible to file a new case.

You should contact a member of the National Association of Consumer Bankruptcy Attorneys for further assistance.

Didn't you learn your lesson from the first time? get some financial counceling and learn to live within your means. Yeesh.

Bankruptcy chapter 7? How often can you file? is a post from: Chapter 7 Bankruptcy Information

March 11, 2011 /24-7PressRelease/ — Bankruptcy Filings Rise nine Percent in 2010

Despite reports of an improving economy, Americans are still overburdened with debt and seeking protection by filing for bankruptcy in record numbers. According to a report by the American Bankruptcy Institute (ABI), 1.53 million Americans filed bankruptcy last year, a nine percent increase over the number of filings in 2009.

While the nine percent increase is not nearly as impressive as the 35 percent jump in bankruptcy filings from 2008 to 2009, the sheer number of 2010 filings shows that economic recovery is slow going for many U.S. households. With high unemployment, sluggish job growth and continued depressed housing markets, many Americans have to rely on their credit cards to live – and the debt quickly mounts.

The one-and-a-half million filings in 2010 is the highest number of filings since the overhaul of the Bankruptcy Code went into effect in 2005. that year a record two million Americans submitted their bankruptcy petitions before the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) became law.

BAPCPA was supposed to make it more difficult to file for bankruptcy by requiring filers to pass a means test to qualify for Chapter 7 as well as mandating credit counseling and imposing higher filing fees, among other changes. With so many people struggling in the current economy, however, the 2005 changes have not prevented the vast majority of those who need bankruptcy to help them start over financially from qualifying. they have just made the cost of bankruptcy double.

Chapter 7 – Liquidation Bankruptcy

Chapter 7 bankruptcy is also known as liquidation bankruptcy. During a Chapter 7, the bankruptcy court will assign a trustee to collect any non-exempt assets owned by the debtor. these assets are subject to sale or liquidation, to repay some or all of the debtor’s creditors.

Most debtors, however, will not lose any personal property in a Chapter 7 filing. the majority of Chapter 7 filers only own exempt property, which cannot be sold during bankruptcy. Examples of exempt property include the family home, the family car, household items and personal use items. Under the Bankruptcy Code, a certain amount in value of these items is considered exempt. For example, in Indiana, homeowners can each exempt up to $17,600 in equity in his/her primary residence.

To qualify for a Chapter 7, debtors must pass a means test. the means test determines whether the debtor has sufficient disposable monthly income to repay some of his or her debts. If the debtor does not pass the means test, then the debtor has the option of filing for a Chapter 13 bankruptcy instead of a Chapter 7.

Most people seeking Chapter 7 protection, however, will qualify. Chapter 7 remains the most common type of consumer bankruptcy, accounting for more than 70 percent of bankruptcy filings in 2010.

Chapter 13 – Wage Earners Bankruptcy

In a Chapter 13 bankruptcy, debtors repay a portion of their debts through a three to five year repayment plan. Since a Chapter 13 involves repaying some of the debt, it is only a good option if the debtor has steady income and can commit to making the plan’s payments for the repayment period.

One of the primary advantages of a Chapter 13 bankruptcy is that it allows debtors to keep or get their homes out of foreclosure. Missed mortgage payments can be included as part of the repayment plan, allowing debtors to catch up on back-owed payments and become current on their mortgage.

Once the debtor has created a repayment plan and it has been accepted by the bankruptcy court, then the debtor will begin making regular monthly payments to the appointed trustee. It is important that the debtor makes all of the payments on-time in the repayment plan. Failure to do so can result in the bankruptcy judge dismissing the bankruptcy petition and/or converting the filing to a Chapter 7.

The bankruptcy judge also can dismiss the Chapter 13 petition if the debtor accrues new debt during the repayment period without first obtaining permission from the trustee to do so or if the debtor fails to pay support obligations, like child support, that were imposed after the bankruptcy filing.

the Automatic Stay – immediate Relief from Creditors

When a debtor files for either a Chapter 7 or Chapter 13 bankruptcy, the court issues an automatic stay. the automatic stay prevents creditors from continuing to engage in any debt collection activities against the debtor while the bankruptcy is pending. this means no more creditor harassment including threatening phone calls and letters, wage garnishments or pending legal actions.

However, in some cases, the automatic stay may be lifted against certain creditors or for certain legal actions. For example, if the bankruptcy petition is filed in the middle of a divorce or child support hearing, the bankruptcy judge may lift the automatic stay with regards to those legal actions.

At the end of the bankruptcy process, the bankruptcy judge will discharge any remaining debts against the debtor. in a Chapter 13, the remaining debts only will be discharged if the debtor successfully completes the repayment plan. Once the debts have been discharged, then the creditors cannot try to collect those amounts from the debtor.

Non-dischargeable debts

Unfortunately, not all types of debt can be discharged in bankruptcy. Some examples of non-dischargeable debts include:

-Unpaid support orders, like child support, alimony

-Certain unpaid taxes

Contact a Bankruptcy Attorney

You do not have to let debt ruin your life. A bankruptcy attorney can explain your options and help you determine whether bankruptcy will be appropriate for your case. For more information, contact an experienced bankruptcy lawyer today.

Article provided by Redman Ludwig, P.C.

Visit us at redmanludwig.com

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<a href="http://uspolitics.einnews.com/247pr/201265tag:news.google.com,2005:cluster=http://uspolitics.einnews.com/247pr/201265Fri, 11 Mar 2011 10:04:56 GMT 00:00″>Bankruptcy Filings Rise Nine Percent in 2010

Bankruptcy Filings Rise Nine Percent in 2010 is a post from: Chapter 7 Bankruptcy Information

That which is Chapter 7 Bankruptcy?

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What Would be Chapter 13 Bankruptcy?

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Understanding Bankruptcy and Your Options Available is a post from: Chapter 7 Bankruptcy Information

ROLF BOONE; Staff writer | • Published March 12, 2011

• 0 comments

TUMWATER – A nearly 5-year-old bankruptcy case with ties to the former Olympia brewery is at or near its completion, and it appears that the case won’t end well for creditors, according to court documents filed in the U.S. Bankruptcy Court for the Western District of Washington.

Court documents that authorize disbursement of funds show that creditors in the case will receive no money and that $71,749.60 will go toward the administrative costs of the bankruptcy.

At issue is a Chapter 7 bankruptcy case filed in December 2006 in which creditors who were owed money by a company called all American Bottled Water Corp. forced it into involuntary bankruptcy to try to recover those funds. all American and its principal, L. Eric Whetstone, acquired the former Olympia brewery after borrowing money from a California-based lender, then set out to bottle water at the former plant.

That plan never materialized, and soon Whetstone and his association with the brewery property were embroiled in controversy.

Michael Hitt, a trustee for the bankruptcy case, could not be reached Friday, and mark Bruun, a principal of a Portland-based contractor called Lorentz Bruun Co., also could not be reached.

Lorentz Bruun was hired to do work on the brewery after all American bought the property. the contractor is the bankruptcy’s largest creditor, owed about $2.77 million. Other large creditors that won’t receive any money include the law firm Davis Wright Tremaine LLP, which was owed about $978,000, and the Thurston County Treasurer’s Office, which was owed $126,000.

That’s not to say Hitt hasn’t tried to recover money for the creditors in the bankruptcy case.

Since 2006, Hitt has filed six lawsuits against companies and individuals to recover funds in the case. he has sued Whetstone, a California-based lender called RE Loans LLC, Bank of America and a company called International Racehorse, court records show.

It wasn’t clear Friday whether the $71,000 that will be spent to cover administrative costs was raised from those lawsuits.

Rolf Boone: 360-754-5403 theolympian.com/bizblog

No money for creditors in bankruptcy case with ties to former brewery – Business – The Olympian – Olympia, Washington is a post from: Chapter 7 Bankruptcy Information

I am waiting for my attorney to get back to me next week. In the meantime if anyone knows the answer to this, I would really appreciate it. I have already filed and had my court date for my Chapter 7 bankruptcy. My Chapter 7 bankruptcy will be finalized on January 30 2007, and I will be released of all unsecured debt.
On my "Debtors Statement of Intention" document, we put "Surrender" for my car, and that's exactly what I'm doing with it.
For my house we put "Exempt" which made the equity exempt and allowed me to keep the home without a forced sale. The problem and question is with my home. The mortgage company's lawyer is pressuring me to "Reaffirm" by January 30. she says of I don't sign the reaffirm agreement then it will default to "Redeem" "Redeem" seems to mean pay a lump sum or surrender the property? The question is; is a Chapter 7 debtor's home mortgage limited to reaffirmation, redemption or surrender, after Exempt? My attorney says there is a 5th choice, do nothing.

Don't do it!! your attorney should be handling these matters and all correspondence should go through your attorney. Of course, the bank is going to try to get money from you. I worked for a bankruptcy attorney during my internship and received these kinds of letters. we ignored them. Hope this helps….

You are never required to sign the reaffirmation. You can continue paying without doing so. and if you pay on time, they shouldn't just be able to foreclose. But presumably, you have fallen behind? are you still behind? If there's a past due balance, that probably needs to be brought current. If foreclosure proceedings had begun, it might all be different.

Remember who the other lawyer works for. They want you to sign in writing asap that you'll keep paying. It's probably illegal for him to be threatening you with foreclosure while you're under the protection of the courts.

I filed Ch. 7 just over a year ago (old laws). I kept my car. I did not sign any reaffirmation. I just kept making my payments. I still have a loan, still make payments, and nothing has ever happened with it. Things could be different now than they were when I filed, since it was a brutal change for the consumer. 100% of the changes were in the banks' favor.

Ultimately, it may be too complex to answer in this forum, with the new laws, varying exemptions on real estate by state, how late you might have been, etc…

Is a Chapter 7 debtor's home mortgage limited to reaffirmation, redemption or surrender, after exempt?

Is a Chapter 7 debtor's home mortgage limited to reaffirmation, redemption or surrender, after exempt? is a post from: Chapter 7 Bankruptcy Information

A familiar Door County chef has closed his two restaurants and filed for bankruptcy, according to documents filed with the U.S. Bankruptcy Court.

Chef Andy Mueller’s Nautical Inn, 234 Kentucky St., Sturgeon Bay, closed the third week of December, said Bob Wolter of Creative Business Brokers, the real estate agent selling the property.

The Sturgeon Bay property listed for sale at $690,000 is owned by Continental Investors and was leased by Meuller, who left his previous chef’s position with the Glidden Lodge to begin his own restaurant downtown in April 2009.

Last spring, he expanded to a second location in Northern Door County, opening Chef Andy’s Hillside Inn, 11934 Wisconsin 42, Ellison Bay. By fall, that location was also closed, but it is not unusual for some restaurants to seasonally close in Door County.

The Nautical Inn’s hours tapered off to weekends-only in November. Court records show on Dec. 3, Andrew W. and Kay E. Mueller, 1817 Clay Banks Road, Sturgeon Bay, filed for Chapter 7 bankruptcy protection.

A number of civil claims are listed on the Wisconsin Circuit Court Access website showing he owed suppliers, accountants and other creditors.

Mueller’s phone is no longer active.

Alice Schipper, a De Pere attorney representing the Muellers in their bankruptcy, said she would forward a message from the Advocate seeking comment, but Mueller has not responded.

Mueller’s popularity and expertise as a chef left many shocked at his sudden departure, and some employees said they were unpaid. Both businesses were listed as limited liability corporations, but bankruptcy records show his home as a secured debt that will ultimately be surrendered to Citi Mortgage, with a second mortgage held by Baylake Bank.

For many years Mueller wrote “In Good Taste,” a column about food with a weekly recipe, that ran in a number of newspapers, including the Door County Advocate.

Bankruptcy leads to popular Door County chef’s departure

Bankruptcy leads to popular Door County chef’s departure is a post from: Chapter 7 Bankruptcy Information