After your bankruptcy is filed, the Bankruptcy Court mails a notice to all the creditors listed in your schedules. This usually takes a week to ten days. If this is not soon enough, then you should have your attorney inform the creditors immediately.

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If the debt is primarily your debt, the you must provide for payment under your Chapter 13 Plan. If the debt is primarily the debt of the person with whom you cosigned, then you may either provide for payment by you of the debt under your Chapter 13 Plan, or you may provide that the debt will be paid by the co-debtor. While you are in Chapter 13, the co-debtor is protected against collection efforts outside the Bankruptcy Court.

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In some cases, YES . In October of 1994, Congress amended the Bankruptcy Code to provide, generally, that obligations arising out of a divorce or property settlement agreement are non-dischargeable. If your Chapter 13 Plan provides for payment in full of these obligations, then they will be discharged. However, if your Plan does not provide for payment in full, these obligations will not be discharged at the end of your Chapter 13 Plan and you will still have to pay them outside of Bankruptcy Court. While you are in Chapter 13, creditors will not be permitted to collect the joint debts either from you or from your former spouse directly.

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Under some circumstances once the bankruptcy proceedings have started, a special motion can be filed to remove certain liens. It will take a bankruptcy court order to remove them. This is a complicated area of the bankruptcy law and an attorney should be consulted.

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Yes. Most civil judgments are stopped by bankruptcy.

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Unless you can begin making your future rent payments on time, Chapter 13 will only stop an eviction for a while. Like a home mortgage payment, unless you can stay current from the date of filing a Chapter 13 forward, the owner will be entitled to possession of his property and at best you will be able to remain in the property until the owner can obtain an order from the Bankruptcy Court granting relief from the automatic stay and begin eviction proceedings in state court. If you can stay current, then you can catch up your back rent through the Chapter 13 Plan.

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Yes. A home is an asset usually secured by a mortgage. While a Chapter 13 will stop a foreclosure, unless you begin making current payments, a creditor will be successful in obtaining permission from the Court to institute a new foreclosure proceeding. Assuming you can make your monthly payments after you file a Chapter 13 Plan, you can catch up your arrearages under Chapter 13 and avoid foreclosure of your home.

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Yes.

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Generally, NO. Under some circumstances you may be able to keep your credit cards. There are many factors which must be considered. Some of those include the credit card balance at the time of the bankruptcy, what the credit card company is willing to do and your ability to pay the present and future credit card debt. Under Chapter 13, the Bankruptcy Court must usually approve any new debt you make, which includes future credit card charges.

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YES. If your car is mortgaged to a creditor as security for a loan, you will be expected to pay an amount to the creditor at least equal to the value of the automobile at the time you file your Chapter 13 Plan. Any amount due to the creditor over the value of the car will be paid as an unsecured debt.

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