Clarksville
Indiana
Bankruptcy
Chapter 7 13
Motions
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13 Motions to Favorites
Indiana Bankruptcy
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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 Louisville KY.
Download your free copy.
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