Can I finance a motorcycle after a Chapter 7 bankruptcy discharge of debts.?

Question by Aldo3:
Can I finance a motorcycle after Chapter 7 bankruptcy debt.?

I want to get this Harley Davidson on a payment plan, but also to rebuild my credit rating. Can I go out now right after my current Chapter 7 discharge of Debts and buy this motorcycle. Will I get into any trouble with the Court, trustee or the creditors. Am I granted to do this or I have to move a while before I make any major purchases.

Best answer:

Answer by greeter7
If you had been smart to start with you would know. If the Chapter 7 has NOT been finalized you will get in trouble with the Court.

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Non-Dischargeable Debts in Bankruptcy Filing

Non-Dischargeable Debts in Bankruptcy Filing

Contrary to what many people believe, not all debts are dischargeable regardless of your bankruptcy filing options. For debts like student loans and mortgages, a debtor must enter into some type of repayment agreement rather than have these debts absolutely discharged.

In many cases, the court will appoint a trustee to liquidate your assets so the proceeds can be used to repay your creditors. The courts have established these guidelines as a way of preventing abuse and harm to society.

Bankruptcy filing does not solve all of a debtor’s financial problems. Courts have deemed that debts which could be harmful or unproductive to the nature of society are non-dischargeable in a typical bankruptcy. The intent behind this is so that people can't relinquish their obligations to pay child support, alimony, and other money that contributes to the good of society.

This intent of non-dischargeable debts also spreads to student loans because of the amount of money allowed by the government apiece year for college educations. Student loans are possibly the most difficult types of loans to get discharged through bankruptcy. Until recently, they were covered under the types of debt that were dischargeable under loan bankruptcy guidelines, but current amendments to the code have changed this.

In terms of bankruptcy, business filings are often forced into a plan to repay the business’s creditors. The bankruptcy courts often see absolutely discharging the debts of a business as detrimental to society because of the ramifications involved. With a Chapter 7 bankruptcy, business assets are typically liquidated and the company shuts down.

This results in a loss of jobs that help to pump money into the economy. This is why businesses are often forced into a Chapter 11 bankruptcy because their debts can be reorganized and the creditors can be paid in installments while the business continues to operate.

For people who have fallen behind on automobile payments or home mortgage payments, bankruptcy filing can allow a temporary endorsement from their creditors. Chapter 13 is designed in such a way that homeowners or consumers with other types of secured debts can retain their property even if they have fallen behind in the payments.

The debtor makes arrangements with their court-appointed trustee to make payments along with extra money to help them catch up on missed payments with this type of bankruptcy. Mortgage companies are willing to work with debtors because they would rather afford them some leeway rather than go through the trouble of court proceedings involved with foreclosures.

Although it might be difficult, many people can still receive mortgage loans after going through a bankruptcy. Mortgage companies that do manual underwriting are more likely to allow a mortgage loan, but it will typically have a higher interest rate as well as strict repayment guidelines. If your bankruptcy was the result of a solitary life event, mortgage companies will also take that into consideration if your finances are in order other than that.

People who decide to go through bankruptcy will undoubtedly experience a life changing event. Bankruptcy filing can affect a person’s finances for several years following the discharge and oftentimes the debtor is still left with some debts that were not dischargeable. Unfortunately, once a mortal has gone through a bankruptcy, mortgage loans and other types of credit will have an unusually high interest rate attached to their repayment requirements.

Will my bankruptcy chapter 7 unsecured debt discharge of 09 affect my tax return?

Question by Angelwing: Will my bankruptcy chapter 7 unsecured debt discharge of 09 affect my tax return?

Best answer:

Answer by efflandt
What do you mean “affect”. I don’t think they can suck it up directly, but you might be required to turn over some or all of it to your trustee (depending upon when bk was discharged), since it could have been used to pay your creditors sooner if you had proper tax withholding.

What do you think? Answer below!

Filling Bankruptcy? Know Different Non Dischargeable Debts

Filling Bankruptcy? Know Different Non Dischargeable Debts

After incurring large debt by many Americans during this tough time, many are finding a way to get rid of that debt with bankruptcy. But, during the overhaul of 2005 bankruptcy laws has changed that does not cover all the debt for intoxicant of discharge, which was once upon a time considered as a fresh begin of finance after filing bankruptcy. Contrary to that, not all debts are dischargeable regardless of your bankruptcy filing options.

For debts like student loans issued by federal government called as secured student loans, mortgages, taxes, child support regardless of the bankruptcy option you filed, you must make a repayment plan to pay off rather than these debts are absolutely discharged. In such cases, the court you filed bankruptcy petition will appoint a trustee to liquidate all your assets and use the proceeds to pay of the creditors. The changes of bankruptcy laws were driven in a way to prevent the abuse of system to get rid of debt and harm the financial system.

Therefore, the bankruptcy filing does not solve all of debtor’s financial problems. The changes brought to law as the court sees that allowing discharging such debt could affect the nature of the society and are made non dischargeable debts in a typical bankruptcy filing. The main intention behind changing these laws is that people can not relinquish their obligations to pay such as alimony, child support and any other debts that contribute to welfare of the society.

Student loans are also added to this list because of the amount of money that is allowed each year for college education. These are loans that is very hard to get discharged with bankruptcy. Until recently, these are part of debts that are discharged with bankruptcy, but current overhaul of bankruptcy in 2005 have changed the laws.

Here is the list of debt that can't be discharged with bankruptcy filing:

Taxes: the taxes that are due to federal, say or local and municipal taxes that are due within last three years are not discharged with filing any chapter of bankruptcy.

Student loans: the student loans that are issued by federal government are not discharged with bankruptcy that has been in repayment position for at least seven years. In some rare cases, even though this type of loans is not discharged with current changes to bankruptcy laws, some older student loans can be discharged provided if a serious hardship exists.

Fraudulent debt: if court finds that the debt incurred was illegal then that will not be discharged. For example: if you have incurred credit card debt shortly before filing bankruptcy that is if you are filing bankruptcy within 90 days of incurring debt then the court will refuse to discharge that debt with bankruptcy.

Alimony and child support ordered by court are not discharged until and unless the recipient concurs to it. This debt is not discharged as this kind of actions will harm the nature of society.

These are some of the debts that are not discharged with bankruptcy with interest of the recipient of the payments.

Chapter 7 Exemptions and Chapter 13 Dischargeable Debts

The range of exemptions is different in apiece Chapter and varies from say to state. What are some of the most significant and basic discharge for Chapter 7 and Chapter 13 Bankruptcy?

Chapter 7 Bankruptcy Exemptions

Chapter 7 bankruptcy also known as ‘straight’ or ‘liquidation’ bankruptcy is the means to help individual debtors clear up their debts. Most of individual debtors’ unsecured debts are dischargeable, such as utility bills and remuneration garnishments, individualized loans, medical bills, older tax debts, judgement stemmed from automobile accidents; credit card, payable loans, and deficiencies on reclaimed vehicles. However, Chapter 7 bankruptcy do not discharge individual debtors on student loans, debts sustained by fraud or deliberate illegal behaviour, current taxes, debts to partner resulting from divorce, criminal fines or reimbursements, family support and drunk driving verdicts.

In most cases, Chapter 7 bankruptcy exemptions protect all of debtor’s property. Exemptions normally take statement of debtor’s tools, certain items of individualized property, work equipment, residence, vehicle, and several other properties. If exemptions do not protect all of your property as required by law, the individual debtor’s court-assigned bankruptcy trustee has the power to clear up the debtor’s non-exempt debts to pay off the creditors.

Individual debtors are to consult their bankruptcy lawyer about their state’s exemptions.

Chapter 13 Bankruptcy Exemptions

In Chapter 13 bankruptcy, debts that are not dischargeable encompass old taxes, for which no return was filed, family support, student loans, drunk driving verdicts, and reimbursements. Exemptions in Chapter 13 are similar to that of Chapter 7 with few advantages as well. For instant, the individual debtor can enforce a ‘debt management’ plan on creditors. This plan, which halts the running of interest on credit card debt, is irreversible and must be accepted by creditors. Chapter 13 grants time for the individual debtor to pay off his or her liabilities, which is not permissible in either chapter, such as eliminating a portion of lien, curing defaults on home mortgages, and eliminating current taxes. Chapter 13 can be regarded as a court enforced debt management plan as the discharge in this chapter covers many debts, comparing to Chapter 7.

Another important thing that you should comprehend when filing for bankruptcy: There is no way one can file for bankruptcy online. You can make research online to superior comprehend how to file for bankruptcy, get an inner understanding of bankruptcy laws, or download a bankruptcy form, but you can't apply for bankruptcy online. No bankruptcy court acknowledges Chapter 7 bankruptcy application online. If you thought you could then, you are mistaken, be prepared to take on this legal process as a physical challenge as the virtual mode is not made acquirable yet. There are multiple sites, which will give you tips on how to file bankruptcy, or connect you with a bankruptcy lawyer.