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Creditors And Debtors Roles In Bankruptcy

Creditors And Debtors Roles In Bankruptcy In this article, you can discover:

  • The role of a debtor and trustee in bankruptcy
  • Do spouses file for bankruptcy together?
  • Options if you are late on mortgage payments.

What Are The Debtor’s Responsibilities To The Trustee?

As a debtor, you give your trustee the required documents. However, each trustee has different document requirements. Although there is some overlap, you will need to provide copies of your driver’s license and social security card, tax returns, bank statements, pay stubs, and proof of any outstanding car payments or ownership. Also, you must be honest with your trustee at all times.

You’ll need to testify about your situation under oath, so be honest. Anything you have that belongs to the bankruptcy estate needs to be mentioned. For example, say you’re suing someone or got into a car accident and received an insurance settlement. The trustee needs to know about any checks you received and how much they were worth concerning the value of your vehicle when you filed for bankruptcy.

It’s important to stay up-to-date on everything and follow the rules set forth by the trustee. For example, they may require you to show them your tax returns for next year to close your case. Make sure you inform them of what you must do and let your attorney handle most of it.

What Happens If A Debtor Does Not Have Any Non-Exempt Property For The Trustee To Collect In A Chapter 7?

A debtor who has all of their assets exempt will not owe the court any money and will probably have a smooth and easy meeting.

Should Spouses Ever File A Chapter 7 Bankruptcy Together?

It is possible to file for bankruptcy without your spouse. You are not required to file with your spouse, but it may be beneficial to do so. Joint debt can be an issue in bankruptcy proceedings, so it is important to understand your options before filing.

Filing for bankruptcy is often seen as an individual process, but there are many instances where it makes sense to file jointly with your spouse. This is especially true in cases where you have significant joint debts or assets.

While every situation is different, filing for bankruptcy can help protect both spouses from financial ruin. It also shows creditors that you are taking your debt seriously and working together as a team to address it. This can improve your chances of successfully rebuilding your credit after bankruptcy.

Of course, there are also some downsides to consider before filing jointly. For example, it may mean that both spouses must give up certain assets to repay creditors.

What Do Creditors With Mortgages Against A Debtor’s Property Do In A Chapter 7?

When you’re behind on your mortgage payments, the bank usually sends you loan modification paperwork and a reaffirmation agreement. However, this depends on the situation. Mostly, mortgage companies are like any other creditor because they have to cease collection activities. They can take your money voluntarily, but they can’t demand payment. You will usually receive a reaffirmation agreement, which is effectively an agreement between you and the mortgage company to keep paying the mortgage as though bankruptcy never occurred.

Even though it may not be signed or filed with the court, your mortgage should still be OK as long as you make your payments. The court is just there to make sure that everything is in order. However, if you haven’t been paying your mortgage, the automatic bankruptcy stay may be lifted to pursue foreclosure options. Most of the time, people filing for bankruptcy know their options.

With the guidance of a skilled attorney for Bankruptcy Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.  For more information on Bankruptcy Law in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 305-5599 today.

Alec Solomita, Esq.

Call For A Consultation
(407) 305-5599

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