|
|
|
690 Flatbush
Avenue West Hartford, CT 06110-1308
860
236-9350
800 856-6400 toll free 860 523-9101 fax
One Carriage Place
Downtown Waterbury
203 756-6100
|
 |
|
|
|
|
Chapter
7 Bankruptcy Information
|
Bankruptcy and Your Property
Your Home and Your Car in
Bankruptcy
Filing
Chapter 7 Bankruptcy |
Debts
Chapter 7 Bankruptcy Does Not Cancel
Chapter
7 Bankruptcy Procedure

|
|
(Numbers in blue refer to Bankruptcy
Code sections.)
Chapter
7 Bankruptcy is probably what most people think of when they
hear bankruptcy. A
successful Chapter 7 case provides debt relief by
discharging (canceling) all of your debts, including credit
card debt, that can
be cancelled through bankruptcy. (Certain debts, such
as child
support, alimony, and recent taxes cannot be cancelled.) §523
As soon as you file bankruptcy, your creditors (the
companies and people you owe money to) have to stop trying
to collect their debts.
They cannot call you, send you letters, start or
continue foreclosure or other lawsuits, garnish your
wages, take your property, or do anything else. You are protected
from your creditors and their lawyers and collection agencies by an
order from the bankruptcy court, called the Automatic
Stay, that enters as soon as you file for bankruptcy, to
provide you with immediate debt relief. §362
The
bankruptcy court sends a notice of the Automatic Stay to
your creditors. Your
creditors can only try to collect their debts by filing
papers (called a Motion for Relief
from Stay) in bankruptcy court asking permission. The bankruptcy court can only
give them permission under certain circumstances (for
example, your mortgage lender can get permission if do not
make your mortgage payments after you file bankruptcy). §362
The other form of personal bankruptcy
commonly filed by consumers to get debt relief is Chapter 13 Bankruptcy. Chapter 13
is filed by persons who want to save a home or a car by
getting caught up on their payments. Chapter 13 may
also be filed by persons whose income is too high to meet
the Bankruptcy Means Test. (Read about the differences
between Chapter 7 and Chapter 13 bankruptcy.) §707(b)
Unless required under the Means Test, Chapter 13 is usually not
filed by people with mainly credit card debt.
Your
Property After You File Bankruptcy
Most people who file Chapter 7 bankruptcy keep all their
property. The bankruptcy law allows you to keep certain
types of property up to a certain value for each type. Most people who file
personal bankruptcy do not have much property and what they do have
is protected by either federal law or Connecticut law.
The procedure for protecting what you have is called
exempting property. (To
know what property you can keep under federal law, see the exemptions
section of the FAQ page.) §522(d)
Our experienced Connecticut
bankruptcy lawyers can help you decide whether to use the
exemptions under federal law or under Connecticut law.
We will provide you with the necessary bankruptcy
information to tailor your bankruptcy filing to your
specific need for debt relief.
For example if your home has substantial equity (the amount
your property's value is more than the mortgage balances)
and you mainly have credit card debt, you may be able to
discharge all your credit card debt and keep up to $75,000
in equity if you file bankruptcy singly and up to $150,000
in equity if you file jointly with your spouse. (If
you used federal law, the exemption amounts would be $20,200
and $40,400.) However, by using the Connecticut
exemptions, you may lose other exemptions that you would
have under federal law.
Your Home
and Your Car When You File Bankruptcy
If you own a home and are behind with your mortgage
payments, Chapter 7 will not help you save your home. If you cannot get
caught up very quickly, you will have to file a Chapter 13
Bankruptcy and get caught up with a payment plan lasting
3 to 5 years.
If you own a home and are up to date with your
mortgage payments, but have other debt that you want to
cancel (such as charge cards or medical bills), you may be
able to file Chapter 7 and still keep your home under the
following circumstances:
 |
You can use the exemption that applies to a
home (it is called the homestead exemption) to keep your
home if your home’s equity (the difference between the
value of your home and the total of all the mortgages
against your home) is less than the exemption
amount. §522
 |
You can choose either federal or
Connecticut exemptions.
 |
The federal amount is $20,200 and the
Connecticut amount is $75,000. |
 |
If a husband and wife file bankruptcy
together, the amounts are doubled. This means, for example, that a couple
generally would be able to keep a home worth $300,000 if
the total of their mortgages is $150,000 or
higher (if they
use the Connecticut exemption). |
 |
To keep your home in bankruptcy, you have to sign a reaffirmation agreement with
the bank. This is an
agreement that makes you responsible for paying
your mortgage debt even though you have filed
bankruptcy. This can
be risky because if later you fall behind with
your mortgage and the amount you owe is more
than your house is worth, the bank can come
after you for the difference. |
|
|
The same
thing applies to how a car loan is handled under bankruptcy
law.
 |
If you are behind with your car payments, you
can choose to file a Chapter 13 Bankruptcy to get caught
up. |
 |
You can reaffirm the car loan and keep the
car.
 |
You
will continue to make monthly payments on the loan. |
 |
The
amount and number of your monthly payments may be
adjusted for you to get caught up with the amount
that you are behind on the loan. |
 |
The
loan amount may be adjusted to reflect the present
value of the car if your loan is more than 2½ years
old. |
 |
You
will still owe the loan company the amount of the
loan despite having filed bankruptcy. |
 |
You
are taking a risk because if your car should be
totalled or stolen in the future, you will still
have to finish making the loan payments if you owe
more than the salvage value of the car. |
|
 |
You can also keep the car under bankruptcy law by paying the amount
you owe (called redeeming).
 |
You may be able to take out a new loan to
pay off your existing loan. |
 |
If you have had your car loan for more than
910 days (2 ½ years) old, you may only have to pay
the value of the car rather than the full amount of
the loan. |
|
 | You may be able to keep your car, without
reaffirming or redeeming, just by continuing to make
your payments on time. As of October 2009,
Connecticut state law provides that filing bankruptcy
shall not be considered a default of a retail
installment contract or ground for repossession of such
motor vehicle. CGS
36a-785. |
Filing
Chapter 7 Bankruptcy
Not everyone can file Chapter 7 bankruptcy to
get debt relief.
 |
You cannot file if you had a bankruptcy case
dismissed during the last 180 days (about 6 months) for
willful failure to obey bankruptcy court orders or to prosecute the
case (move the case along). §109(g) |
 |
You cannot file if you asked for a bankruptcy
case to be dismissed during the last 180 days (about 6
months) and a creditor had filed a motion for relief
from stay. §109(g) |
 |
You cannot file if you received a previous
discharge in a Chapter 7 bankruptcy during the last 8 years or
in a Chapter 13 bankruptcy during the last 6 years (unless you paid
all your unsecured debt or at least 70% and
that was the best you could do). §727(a) |
 |
You cannot file if your income is too high to
meet the new Means Test put into place by the new
bankruptcy law, the 2005
Bankruptcy Act. §707(b)
 |
You only have to be concerned about the
test test under the new bankruptcy law if your annual household income is above the Connecticut median ($102,124 for
a household of 4; $58,529 for a household of
1, as of November 1, 2009). |
 |
If you do not meet the Means Test, you can
file a Chapter
13 Bankruptcy to get debt relief. A
Chapter 13 bankruptcy will require you to pay
some or all of your unsecured debt over 3 to 5
years. |
|
Debts
Chapter 7 Bankruptcy Does Not Cancel
 |
Credit card or other debt obtained by fraud or false pretenses. |
 |
Recent cash advances. |
 |
Recent purchases of luxury
goods. |
 |
Those debts not listed in your schedules. |
 |
Alimony and child
support. |
 |
Student loans (unless hardship). |
 |
A judgment for personal injury or death caused by driving
while intoxicated. |
 |
Taxes you withheld from your employees. |
 |
Sales taxes you collected in your business. |
 |
Income
taxes if any of the following are true:
 |
You filed the return during the 2 years
before you filed bankruptcy. |
 |
Your return was due during the 3 years
before you filed bankruptcy. |
 |
Your tax liability was assessed during the
240 (about 8 months) before you filed bankruptcy. |
 |
You never filed a return. |
 |
You filed a late return during the 2 years
before you filed bankruptcy. |
 |
You filed a fraudulent return. |
|
 |
Property taxes required to be paid during the
year before filing bankruptcy. |
 |
Restitution or fines required by a criminal
sentence. |
 |
Fiduciary fraud. |
 |
Embezzlement and larceny. |
 |
Willful and malicious injury to persons or
property. |
 |
Income tax interest and penalties which became
due after you filed bankruptcy. |
 |
Divorce property settlements or decrees. |
 |
Those debts that were or could have been listed
in a prior case in which were denied or waived a
discharge. |
 |
A loan used to pay a tax that you could not
discharge. |
§523(a)
Chapter
7 Bankruptcy Procedure
|
When You Need a Connecticut Bankruptcy
Lawyer,
Rely on Us for Skill,
Determination and Experience.
|
|
Connecticut
Debt
Relief By Filing Bankruptcy
Congress
has designated Serrano & Serrano, LLC a debt
relief agency.
We help people file for debt relief
under the Bankruptcy
Code. |
|
|
|
|
|

 |
Please note that our law firm's website is designed to provide only
general legal information.
This information is not intended to be legal advice for your
individual situation.
Call
us for personal injury, Social Security, divorce, bankruptcy,
immigration, workers compensation and criminal cases.
Portuguese
Spanish
|
 |
|
John
Serrano |
Gabriel
Serrano |
Serrano & Serrano, LLC
Connecticut Attorneys
|
Hartford
Bankruptcy Court
Bloomfield,
Bristol, East Hartford, Enfield, Farmington, Glastonbury,
Hartford, Manchester, New Britain, Newington, Rockville, Rocky
Hill, Simsbury, South Windsor, Southington, Vernon, West Hartford,
Wethersfield, Willimantic, Windsor.
New
Haven Bankruptcy
Court
Ansonia,
Branford, Cheshire, East Haven, Hamden, Meriden, Middletown,
Milford, Naugatuck, New Haven, New London, North Haven, Norwich, Shelton, Southbury, Stratford,
Torrington, Wallingford, Waterbury, Watertown, West Haven,
Wolcott.
Bridgeport
Bankruptcy Court
Bethel,
Bridgeport, Brookfield, Danbury, Fairfield, Newtown,
Norwalk, Ridgefield, Stamford, Trumbull. |
|