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What Can I Keep if I File For Chapter 7 Bankruptcy?

Sawin & Shea

In this article, we will walk you through Indiana debt collection laws and some of the many exemptions that help you keep your personal, real, or intangible assets when you file for a Chapter 7 in the State of Indiana. What is Chapter 7 Bankruptcy? The post What Can I Keep if I File For Chapter 7 Bankruptcy?

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Florida Bankruptcy Court Sanctions Debt Buyer for Seeking to Collect Debt that Consumer Failed to Schedule in Bankruptcy Case

Troutman Sanders

As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition. However, testimony later showed that the entity listed as holding the debt, Direct Merchants Bank, was not the actual creditor but rather a registered trademark owned by Metris Companies.

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What Happens to My Personal Loan After Bankruptcy?

Sawin & Shea

Common unsecured loans include: Bank loans with no collateral. Discharging Personal Loans Through Chapter 7 Bankruptcy. Whether or not you should discharge a personal loan in Chapter 7 bankruptcy will depend on if the loan is secured or unsecured. Unsecured loans are loans that don’t have collateral.

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Getting Approved for a Loan After Bankruptcy

Sawin & Shea

Many people assume that because they have filed bankruptcy, their credit is ruined, and they will not be able to qualify for any loans. Chapter 7 bankruptcy: In this type of bankruptcy, your non-exempt assets (if any) have been liquidated to pay off a percentage of your debts. This is not true. This is your limit.

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Everything You Should Know About a Judgment Lien in Indiana

Sawin & Shea

If the creditor has your date of birth and social security number, they may be able to garnish your bank account and apply that money toward your debt balance. If that’s not possible for you, another option is to avoid it through Chapter 7 or Chapter 13 bankruptcy court.

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Will a Bankruptcy Trustee Contact My Employer?

Sawin & Shea

If a potential employer runs a background check, they’ll discover your bankruptcy. And if they search your credit history, they’ll also likely spot your bankruptcy filing. A Chapter 7 bankruptcy remains on your credit history for ten years, and a Chapter 13 bankruptcy will stay on your credit history for seven years.

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What Not To Do Before Filing Bankruptcy

Sawin & Shea

Do Not: Try to Transfer or Hide Assets If you’ve transferred any assets to another party before declaring bankruptcy, you’re not gaining any protection. If assets are transferred in anticipation of filing for bankruptcy, a trustee can recover those assets in a Chapter 7 bankruptcy since the transfer would rightfully be seen as fraudulent.