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Preguntas frecuentes sobre la quiebra

  • What happens to my mortgage in Bankruptcy?
    De ordinario, no se pueden cambiar los términos y condiciones de un préstamo hipotecario garantizado por su residencia. Al considerar si acogerse a quiebra, usted debe decidir si desea quedarse con la casa. Si desea conservar la vivienda, debe subsanar los atrasos mediante un plan de pago y también debe mantenerse al día con los pagos normales del préstamo, evitando así la ejecución hipotecaria. Si no hay atrasos, puede continuar pagando su hipoteca y, por lo tanto, conservar su casa a pesar de la quiebra. Si usted entrega la casa a la institución financiera, la quiebra cancelará su responsabilidad de hacer pagos futuros y la deuda hipotecaria será cancelada una vez que se cumpla con el plan de pago o una vez que se complete el proceso de liquidación de activos. Su casa está exenta de pago a todos acreedores excepto aquél que tenga una hipoteca.
  • What happens to my home lease in bankruptcy?
    Debtors ordinarily may continue the lease provided they (1) keep installment payments current, and (2) cure arrears through a payment plan.
  • What happens to my car loan in bankruptcy?
    Debtors are generally unable to change the terms of their car loan for cars purchased in within two and a half years from the petition date. In such cases, the creditor will usually attach the car upon failure to comply with the loan terms, even though Bankruptcy may delay the attachment. You may keep the car if you cure a default in bankruptcy through a payment plan. Against all other creditors, your car is normally exempt from payment. When considering bankruptcy, you should decide whether you want to keep the car or surrender it to the financing institution. If you surrender the car, you will no longer be liable for future loan installments and the debt will be cancelled once the payments in a plan are met or once the asset liquidation process is completed. If you keep a car you purchased within two and a half years, you must cure arrears through a payment plan and stay current on car payments at the same time. If there are no arrears, you may simply continue paying your car and keep it despite the bankruptcy. If you keep a car you purchased more than two and a half years prior to bankruptcy, in many cases, the debtor would be able to adjust the loan terms to account for the loss of value of the car.
  • What happens to my medical bills in bankruptcy?
    Medical bills are usually cancelled once the payment plan or the asset liquidation process are completed.
  • What happens to my domestic support obligations in bankruptcy?
    Domestic support obligations generally cannot be cancelled through a bankruptcy process and payments must be kept current throughout. Any arrears on the petition date can be paid through a payment plan.
  • What happens to my tax liabilities in bankruptcy?
    Older tax liabilities can usually be cancelled in bankruptcy, but recent tax liabilities usually remain despite the bankruptcy.
  • What happens to my student loans in bankruptcy?
    Debtor may be allowed to continue making full payments throughout a payment plans. However, student loans usually cannot be cancelled in bankruptcy.
  • What happens to my personal loans in bankruptcy?
    Pre-petition personal loans are usually cancelled once the payments in a plan are met or once the asset liquidation process is completed.

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  • What happens to my mortgage in Bankruptcy?
    De ordinario, no se pueden cambiar los términos y condiciones de un préstamo hipotecario garantizado por su residencia. Al considerar si acogerse a quiebra, usted debe decidir si desea quedarse con la casa. Si desea conservar la vivienda, debe subsanar los atrasos mediante un plan de pago y también debe mantenerse al día con los pagos normales del préstamo, evitando así la ejecución hipotecaria. Si no hay atrasos, puede continuar pagando su hipoteca y, por lo tanto, conservar su casa a pesar de la quiebra. Si usted entrega la casa a la institución financiera, la quiebra cancelará su responsabilidad de hacer pagos futuros y la deuda hipotecaria será cancelada una vez que se cumpla con el plan de pago o una vez que se complete el proceso de liquidación de activos. Su casa está exenta de pago a todos acreedores excepto aquél que tenga una hipoteca.
  • What happens to my home lease in bankruptcy?
    Debtors ordinarily may continue the lease provided they (1) keep installment payments current, and (2) cure arrears through a payment plan.
  • What happens to my car loan in bankruptcy?
    Debtors are generally unable to change the terms of their car loan for cars purchased in within two and a half years from the petition date. In such cases, the creditor will usually attach the car upon failure to comply with the loan terms, even though Bankruptcy may delay the attachment. You may keep the car if you cure a default in bankruptcy through a payment plan. Against all other creditors, your car is normally exempt from payment. When considering bankruptcy, you should decide whether you want to keep the car or surrender it to the financing institution. If you surrender the car, you will no longer be liable for future loan installments and the debt will be cancelled once the payments in a plan are met or once the asset liquidation process is completed. If you keep a car you purchased within two and a half years, you must cure arrears through a payment plan and stay current on car payments at the same time. If there are no arrears, you may simply continue paying your car and keep it despite the bankruptcy. If you keep a car you purchased more than two and a half years prior to bankruptcy, in many cases, the debtor would be able to adjust the loan terms to account for the loss of value of the car.
  • What happens to my medical bills in bankruptcy?
    Medical bills are usually cancelled once the payment plan or the asset liquidation process are completed.
  • What happens to my domestic support obligations in bankruptcy?
    Domestic support obligations generally cannot be cancelled through a bankruptcy process and payments must be kept current throughout. Any arrears on the petition date can be paid through a payment plan.
  • What happens to my tax liabilities in bankruptcy?
    Older tax liabilities can usually be cancelled in bankruptcy, but recent tax liabilities usually remain despite the bankruptcy.
  • What happens to my student loans in bankruptcy?
    Debtor may be allowed to continue making full payments throughout a payment plans. However, student loans usually cannot be cancelled in bankruptcy.
  • What happens to my personal loans in bankruptcy?
    Pre-petition personal loans are usually cancelled once the payments in a plan are met or once the asset liquidation process is completed.

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