Filing Chapter 7,13 Bankruptcy

How to file a Frankfort Kentucky Chapter 7, 13 Personal Bankruptcy

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Frankfort Kentucky Bankruptcy  Chapter  7 13 Motions

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Motions are requests to the court made in a Chapter 7 or 13 bankruptcy.  Motions require planning with your attorney in order to obtain what you need in your case.   These are just some of the Chapter 7 and 13 bankruptcy motions that you may need to file or defend against a creditor.   

Motions to terminate the Stay.  These are motions to proceed with a foreclosure or repossession that are almost always made because payments are  not being made. 

Motions to Redeem.  These are motions to pay a creditor the value personal property and then keep the item.  Redemptions can only be done with personal property such as a car or boat in a Chapter 7.   To remove a 2nd mortgage you must strip the lien in a Chapter 13. 

Motions to Lien Strip.  These are often motions to remove a second mortgage which has no equity in a home in a Chapter 13.    You can remove a lien on household goods in a Chapter 7.  A judicial lien can also be stripped.   A judicial lien is when  someone has been sued and their house has been attached.  Cars that you purchased within 910 days prior to filing must be paid in full in a Chapter 13 or surrendered.

Motions to Dismiss.  Motions to dismiss a case are almost always made because of Debtor misconduct.   Examples are payments are not being made, tax refunds were not surrendered, fraud or failure to cooperate. 

Motions to Incur Debt.  These motions are made to purchase autos or homes while a Debtor is in a Chapter 13 or to refinance a home.  A Debtor may refinance a home and pay off the plan early.  It is possible to reduce the percentage of a mortgage by refinancing in a Chapter 13. 

Motions to Decrease plan payments.  If a Debtor loses income then he may be able to lower his plan payments in a Chapter 13 but he must always pay all of his disposable income into the plan. 

The Kentucky Bankruptcy Manual discusses filing bankruptcy in Frankfort KY.   Download your free copy.

 

 

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