Legal Question in Bankruptcy in Wisconsin

Chapter 13 Following Chapter 7 Discharge

Although a family which received a chapter 7 discharge six years ago may not be eligible for a new chapter 7 discharge yet; a new chapter 13 case might still help them. A new chapter 13 discharge would generally be available much sooner (2.5 years after the chapter 7 discharge and sometimes even sooner) if they successfully completed a new chapter 13 plan. Chapter 13 filings generally will also generally stop residential foreclosures at least temporarily, provided that there have not been too many previous filings or "in rem" relief granted against the property in an earlier bankruptcy case. If there is enough income available after monthly living expenses to resume normal monthly mortgage payments, real estate taxes and home insurance (in addition to a portion of other debts), a chapter 13 can reinstate a mortgage loan. This, of course, assumes that the debtor(s) also perform all court ordered obligations in the new case. Debtors in chapter 13 are also required to prove that they have remained current on all current child or family support orders during the case and must pay all back taxes in full during the plan, in addition to numerous other requirements. You need to discuss all of this with an experienced bankruptcy lawyer as soon as possible if wish to protect your rights.

Chapter 13 Following Chapter 7 Discharge

Although a family which received a chapter 7 discharge six years ago may not be eligible for a new chapter 7 discharge yet; a new chapter 13 case might still help them. A new chapter 13 discharge would generally be available much sooner (2.5 years after the chapter 7 discharge and sometimes even sooner) if they successfully completed a new chapter 13 plan. Chapter 13 filings generally will also generally stop residential foreclosures at least temporarily, provided that there have not been too many previous filings or "in rem" relief granted to the creditor against the property in an earlier bankruptcy case. If there is enough income available after monthly living expenses to resume normal monthly mortgage payments, real estate taxes and home insurance (in addition to a portion of other debts), a chapter 13 can reinstate a mortgage loan. This, of course, assumes that the debtor(s) also perform all court ordered obligations in the new case. Debtors in chapter 13 are also required to prove that they have remained current on all current child or family support orders during the case and must pay all back taxes in full during the plan, in addition to numerous other requirements. You need to discuss all of this with an experienced bankruptcy lawyer as soon as possible if wish to protect your rights.

Chapter 13 Following Chapter 7 Discharge

Although a family which received a chapter 7 discharge six years ago may not be eligible for a new chapter 7 discharge yet; a new chapter 13 case might still help them. A new chapter 13 discharge would generally be available much sooner (2.5 years after the chapter 7 discharge and sometimes even sooner) if they successfully completed a new chapter 13 plan. Chapter 13 filings generally will also generally stop residential foreclosures at least temporarily, provided that there have not been too many previous filings or "in rem" relief granted to the mortgage creditor against the property in an earlier bankruptcy case. If there is enough income available after monthly living expenses to resume normal monthly mortgage payments, real estate taxes and home insurance (in addition to a portion of other debts), a chapter 13 can reinstate a mortgage loan. This, of course, assumes that the debtor(s) also perform all court ordered obligations in the new case. Debtors in chapter 13 are also required to prove that they have remained current on all current child or family support orders during the case and must pay all back taxes in full during the plan, in addition to numerous other requirements. You need to discuss all of this with an experienced bankruptcy lawyer as soon as possible if wish to protect your rights.