Best Bankruptcy Lawyers in Lynn, MA

Perhaps. However, sometimes a case will be dismissed under Section 109(g) and the debtor will be barred from filing another case for a period of time. The Automatic Stay may also be limited or never come into being in your subsequent case.

No. They are strictly voluntary. Debtors need not reaffirm a debt in order to repay it. The law does not prohibit a debtor from voluntarily paying a discharged debt; it only prohibits the creditor from attempting to collect it.

Since all cases have unique circumstances, it is difficult to pinpoint an exact time that your case will be closed. Many Chapter 7 no asset cases are closed within 90-days from filing if no disputes have arisen. Chapter 7 asset cases require that the trustee liquidate the assets which sometimes can take up to a year or longer. Chapter 13 cases remain open as long as the plan payments are being made, generally for three to five years after the plan has been confirmed. Chapter 11 reorganization cases are more complicated and may remain open longer than three years even if a plan has been confirmed.

Domestic support obligations such as alimony, maintenance and child support are generally unsecured debts. The laws regarding these obligations require that the arrearages you owe be included in your bankruptcy Plan, and that you continue to make your ongoing monthly support payments. Before the Trustee will recommend approval of your Plan you must be current on all domestic support obligations that have come due after you filed your bankruptcy case. The Trustee requires you to file an Affidavit whereby you declare under penalty of perjury that you have paid all domestic support obligations required under the bankruptcy law. In addition, as a precondition to receiving a bankruptcy discharge you must certify to the court at the time you complete your case that you have paid in full all domestic support obligations that were due since the time you filed your case.

It is a court order releasing a debtor from all dischargeable debts and ordering the creditors not to attempt to collect them from the debtor. A debt that is discharged is a debt that the debtor is released from and does not have to pay.