You are eligible for an FHA after chapter 7 two years after the discharge. During those 2 years, you must have kept your credit clean and avoid taking on additional debt. If you are considering filing for bankruptcy, I suggest consulting with an experienced bankruptcy attorney.
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How will this affect my credit?
A chapter 7 bankruptcy will remain on your credit for 10 years, however it is not 10 years of purgatory. I have many clients who are able to get their credit scores above 700 even with the bankruptcy on their credit report. You can qualify for a car loan immediately after the bankruptcy and for … Continue reading “How will this affect my credit?”
Can I go to jail?
If you intentionally lie on your bankruptcy schedules or during a bankruptcy court hearing you are committing a federal offense and could be charged with a crime whose punishment includes jail time if you are considering filing for bankruptcy, I suggest consulting with an experienced bankruptcy attorney.
Will the trustee take my tax refund?
In a chapter 7, it is possible to have the trustee take your tax, refund, your tax. Refund is an asset. They may not be fully exempt in a Chapter 7, bankruptcy proceeding. However, in Florida, the portion of your tax, refund, that is from earned income. Credit is 100% exempt. If you are considering … Continue reading “Will the trustee take my tax refund?”
Can I give some assets away to friends and family?
Assets transferred to friends or family prior to filing bankruptcy have to be disclosed to the court and can be set aside by a bankruptcy trustee. If the transfers are not disclosed and hidden it can result in denial of the bankruptcy and criminal prosecution. If you are considering filing for bankruptcy, I suggest consulting … Continue reading “Can I give some assets away to friends and family?”
Can I transfer assets prior to filing bankruptcy?
Very often people with non-exempt assets ask if they can sell their assets prior to the bankruptcy. This often does not solve the problem, because the bankruptcy trustee will ask for proof the assets were actually sold and for an accounting of the proceeds. If you are considering filing for bankruptcy, I suggest consulting with … Continue reading “Can I transfer assets prior to filing bankruptcy?”
What happens if I don’t disclose all my assets?
If you fail to disclose your assets you are committing bankruptcy fraud. Your bankruptcy can be denied and you may be charged with a federal crime and a punishment that includes jail time. If you are considering filing for bankruptcy, I suggest consulting with an experienced bankruptcy attorney.
Can I sell my house after a bankruptcy?
If you fail to cooperate with the court or properly disclose your assets, income and other information required on your bankruptcy schedules, your bankruptcy discharge can be denied. If you are considering filing for bankruptcy, I suggest consulting with an experienced bankruptcy attorney.
Will my spouse’s income or assets affect my bankruptcy?
Even if your spouse does not file bankruptcy his or her income is required to complete the Means Test to determine if you are eligible for a chapter 7. Your spouses assets typically will not affect your bankruptcy. Assets transferred from one spouse to another prior to filing bankruptcy have to be disclosed to the … Continue reading “Will my spouse’s income or assets affect my bankruptcy?”
What about spouses, can an individual declare bankruptcy?
It is common and allowed for one spouse to file a bankruptcy. In Florida, assets that are titled in your spouses name are not a part of your bankruptcy estate. It is important to note that a bankruptcy filing by one spouse does not discharge liabilities on joint debt. The non-filing spouse will remain responsible … Continue reading “What about spouses, can an individual declare bankruptcy?”