Results 1 to 4 of 4
  1. #1
    Join Date
    Feb 2009
    Posts
    5

    Default Discharged from Chapter 13 Bankruptcy and Having to Re-File

    Due to my unemployment, I have been unable to keep up my trustee payments so my 13 is being dismissed.

    If I refile as a 7 will my mortgage be protected or will it have to be included. Also, I owe $350 on our vehicle. What will happen with it.

    I live in Texas and the 13 was filed in 9-05, before the bankruptcy law changes came into effect. Will my refiling be subject to the new rules?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Discharged from Chapter 13 Bankruptcy and Having to Re-File

    What do you mean "will my mortgage be protected"? If you are current with your payments and wish to continue your mortgage, you may do so.

    You will enjoy an exemption for part or all of the value of your vehicle, depending upon the exemptions allowed in your state and the equity in your vehicle. Beyond that, what are you trying to ask?

    A new Chapter 7 filing would occur under current laws.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Discharged from Chapter 13 Bankruptcy and Having to Re-File

    Texas is one of the most liberal exemption states. (Property they can't take)

    Motor vehicles: A two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person can be claimed as exempt property. Tex.Prop. Code § 42.002(a)(9).

    If your asking something other in regard to your vehicle, please let us know.

  4. #4
    Join Date
    Feb 2009
    Posts
    5

    Default Re: Discharged from Chapter 13 Bankruptcy and Having to Re-File

    This has been answered.. Thanks

    1. Sponsored Links
       

Similar Threads

  1. Chapter 13: Trustee Dismissing Chapter 13 Bankruptcy, Can We File Chapter 7
    By craigandnay in forum Bankruptcy Law
    Replies: 2
    Last Post: 06-14-2010, 06:23 AM
  2. Chapter 7: Discharged Auto Loan or Loan Release After Chapter 7 Bankruptcy
    By exhibitdesign in forum Bankruptcy Law
    Replies: 1
    Last Post: 05-27-2010, 07:45 AM
  3. Chapter 7: Can I File for Chapter 7 Bankruptcy Twice
    By superskram in forum Bankruptcy Law
    Replies: 3
    Last Post: 11-06-2009, 05:25 PM
  4. Chapter 7: Should I File A Chapter 7 Bankruptcy
    By miltner213 in forum Bankruptcy Law
    Replies: 6
    Last Post: 02-07-2008, 10:46 AM
  5. Chapter 7: How To File Chapter 7 Bankruptcy
    By Maxine_Red in forum Bankruptcy Law
    Replies: 3
    Last Post: 07-10-2006, 04:23 PM
 
 
Sponsored Links

Legal Help, Information and Resources