Chapter 7 or 13

[skinny27]

What is the name of your state?MN

Couple of questions....

1. If you file Ch 7 and certain credit card debt were not discharged, what happens???

2. If you file Ch 13, are all debts automatically put into a plan, can credit card companies refuse to be a part of Ch 13??

3. Can a Ch 13 be transferred to a Ch 7 if something happens?

4. What is the rule on gambling debts?? Can they be discharged???? The debts are to an online account.

Thanks..

 

[Ladynred]

1. If you file Ch 7 and certain credit card debt were not discharged, what happens???

Why would an UNSECURED credit card debt NOT be discharged ??? 99% of the time they are completely discharged unless a) you forget to list the creditor, b) the creditor objects to the discharge of some or all of the debt you owe or c) you reaffirm and keep paying to keep the card.. which is pointless.

2. If you file Ch 13, are all debts automatically put into a plan, can credit card companies refuse to be a part of Ch 13??

You list all debts, they all go into the plan. If a creditor fails to file a claim within the allotted time, then they don't get paid thru the plan, and the debt gets discharged at the end of the plan.

3. Can a Ch 13 be transferred to a Ch 7 if something happens?

Yes, you can convert a 13 to a 7. However, if you file Ch 13 now and try to convert to a ch 7 after 10/17, you'd be bound by the new law, which, to put it bluntly, sucks rocks.

4. What is the rule on gambling debts?? Can they be discharged???? The debts are to an online account.

In general, yes. That's not to say a creditor won't object if those gambling debts went on a credit card.

 

[skinny27]

Discharge Rejection

If a creditor rejects a discharge, what can happen??? What if they win?? What happens???

 

[Ladynred]

IF a creditor files an objection to the discharge of all or some part of the debt you owe, and IF the judge decides in their favor and determines the debt (or part of it) as non-dischargeable, then you wind up paying. However, the creditor has to make its case for fraud and that is not a slam-dunk. The judge could decide in YOUR favor and the debt gets discharged with the rest.