Velazquez Consumer Law

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Velazquez Consumer Law

Chapter 13 bankruptcy is a repayment plan, so it is imperative that the payments be made on time. If a debtor fails to make the plan payments, the Chapter 13 trustee can file a motion to have the case dismissed for failure to comply with the terms of the plan. However, sometimes emergencies do come up, and a debtor who has agreed to a Chapter 13 repayment plan might find themselves unemployed. If this were to happen, the debtor should notify their attorney right away. If the debtor’s income decreased or their reasonable expenses increased, then the debtor’s attorney could request a reduction in their payments.

What Courses Am I Required To Take After I Have Completed My Bankruptcy?

A bankruptcy case is considered complete once a discharge order has been issued. In order to receive a discharge, the debtor must take a financial management course, which is also known as a debtor education course. If they fail to take the course, then their case will be closed without a discharge and creditors will be allowed to resume collection efforts. If this were to happen, then the debtor’s attorney would have to file a motion with the court to request leave to reopen the case in order to file the proper course certificate with the court. It is imperative that a debtor take this course as soon as possible in order to avoid having to pay the extra costs associated with reopening the case.

How Many Years Does A Bankruptcy Stay On Someone’s Record?

Chapter 7 bankruptcy stays on a credit report for 10 years, and Chapter 13 bankruptcy stays on a credit report for seven years. However, they are not always removed automatically, which means it’s important for a debtor to check all three credit reports after the appropriate period of time in order to ensure that they have been removed.

Do I Have To Pay Income Taxes On Debts Discharged In My Bankruptcy?

The internal revenue code requires that an individual report and pay taxes on debt that is cancelled by a creditor. However, the Internal Revenue Service (IRS) does not tax the debt that is discharged in a bankruptcy. Some people who settle their debts instead of filing for bankruptcy do not realize that the cancellation of the debt may be taxable and that they might end up with a tax bill from the IRS. This is why filing bankruptcy may be more beneficial than settling your debts.

How Long After Filing Bankruptcy Will I Be Able To Buy A Home Or A Car?

There are a few automobile lenders that will approve a debtor for a car loan as soon as they file for Chapter 7 or Chapter 13 bankruptcy. However, the majority of lenders will make a debtor wait until they receive their discharge order. In order to be approved for a mortgage, a debtor will typically have to wait for approximately two to two and a half years after Chapter 7 bankruptcy, as well as take the necessary steps to increase their credit score. In order to incur debt in Chapter 13 bankruptcy, a debtor must request court approval by having their attorney file the appropriate motion with the court.

Will Having A Bankruptcy On Record Affect My Job Application?

It is illegal for an employer to discriminate against someone on the basis of them having filed for bankruptcy. However, some jobs (such as a bank teller job) do require employees to be bonded.

Do People Get Back On Their Feet After Successfully Discharging A Bankruptcy?

Many people are able to get back on their feet and buy a car or house after successfully discharging a bankruptcy.

For more information on Falling Behind On Chapter 13 Payments In IL, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (630) 509-8989 today.

Orlando Velazquez

Call Now For A Case Evaluation
(630) 509-8989

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