“In Chapter 7 bankruptcy, which is also known as liquidation bankruptcy, your non-exempt assets are sold to repay your creditors. If you've made substantial profits as a day trader after filing for Chapter 7 bankruptcy, those profits may be considered part of your bankruptcy estate. This means that the bankruptcy trustee has the authority to collect and distribute those profits to your creditors.”
What will happen to the Equity in my home if I file Chapter 13 Bankruptcy?
“In some states, such as Texas and Florida, there are unlimited homestead exemptions that allow debtors to protect all of the equity in their homes, regardless of the value. Other states, such as North Carolina and Wyoming, have more limited homestead exemptions that may only protect a certain amount of equity.”
How Does a Chapter 13 Bankruptcy Stop the Foreclosure of Your Home?
“Chapter 13 bankruptcy can help stop the foreclosure of your home by implementing an automatic stay, which is a court order that prevents creditors from taking any collection actions against you, including foreclosure proceedings. Once you file for Chapter 13 bankruptcy, the automatic stay goes into effect, and your mortgage lender is required to halt any foreclosure proceedings that are currently underway.”
Can I get rid of my Unsecured Debt when I file Chapter 13 Bankruptcy?
Can I get rid of my second mortgage if I file Chapter 13 Bankruptcy?
“Lien stripping is only available in Chapter 13 bankruptcy and is only possible if the value of your home is less than the amount you owe on your first mortgage. In other words, if your home is worth less than what you owe on your primary mortgage, then the second mortgage or home equity loan may be considered unsecured debt, which can be treated similarly to credit card or medical debts.”
Will I lose my house if I file Chapter 13 bankruptcy in Charlotte, North Carolina?
“Filing for Chapter 13 bankruptcy in Charlotte, NC, does not necessarily mean that you will lose your house. In fact, Chapter 13 bankruptcy can often help you keep your home by providing a structured repayment plan that allows you to catch up on past-due mortgage payments over a period of three to five years.”
What is the difference between Chapter 7 vs. Chapter 13 Bankruptcy?
“Chapter 7 bankruptcy, also known as "liquidation bankruptcy," allows the debtor to eliminate most types of unsecured debts, such as credit card debts, medical bills, and personal loans, without making any payments to creditors. In exchange, the debtor may have to surrender some non-exempt assets, which are sold by the trustee to pay off a portion of the debts. This process usually takes about 3-6 months and may have some negative impacts on the debtor's credit score.”
What is a Chapter 13 Bankruptcy?
“Chapter 13 bankruptcy is a type of bankruptcy that allows individuals with a regular income to create a repayment plan to pay off all or a portion of their debts over a period of three to five years. It is also known as a "wage earner's plan" because it is typically used by people who have a steady income, but are struggling to keep up with their debts.”