Debts get discharged under Chapter 11 bankruptcy ing to the payment plan accepted by your creditors. That means some debt could get discharged as soon as the plan is accepted, and some once the payment plan ends. Chapter 13 bankruptcy discharges all eligible debt at the end of the payment plan.
Not all debts are discharged. The debts discharged vary under each chapter of the Bankruptcy Code. Section 523(a) of the Code specifically excepts various categories of debts from the discharge granted to individual debtors. Therefore, the debtor must still repay those debts after bankruptcy.
That being said, here's what you're not allowed to do with a Chapter 7: Lie under oath about your financial or property assets. Keep property that must be used to discharge your debts. Miss payments to certain creditors in order to keep your home.
In California, you can keep your home in Chapter 7 bankruptcy under certain circumstances, depending on the amount of equity you have in your principal residence. This is called the “homestead exemption.” The amount of the exemption varies, depending on age, marital status and physical/mental condition.
Official Form 309F1 (For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case.
If you file a Chapter 7, the automatic stay prevents your car from being repossessed. However, this temporary measure lasts only as long as the case remains open. If you're behind on your payments, the lender can seek court permission to repossess the vehicle before your case ends.
An individual cannot file under chapter 13 or any other chapter if, during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy ...
To qualify for Chapter 13, you must have regular income, have filed all required tax returns for tax periods ending within four years of your bankruptcy filing and meet other requirements set forth in the bankruptcy code.
In California, the filer of bankruptcies in California is responsible for all associated costs, including: Court fees. Trustee fees. Attorney fees.