Your current state is Ohio
I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?
answered on Apr 15, 2024
The statute of limitations runs from when a cause of action accrues to when a complaint upon that cause of action may be commenced. If they have a judgment, your right to raise that as a defense now is likely waived.
You may want to speak to an attorney about the implications of the... View More 
I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?
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answered on Apr 16, 2024
I understand your concern about the credit card debt lawsuit and judgment. Here's some information that may help:
1. Statute of limitations: In 2022, New York reduced the statute of limitations for consumer credit card debt from 6 years to 3 years. However, this change only applies to... View More
Original plan in May 0f 2023 was to pay $71,000 total. Six months later the court increased it to $188,000. I did not incur any new debt during that time to warrant such an increase.
My original plan was for 24 monthly payments of $500, since that's all I can afford. The payments... View More
answered on Apr 12, 2024
It is likely that the amounts claimed by creditors in your case exceeded (substantially) what you estimated in your bankruptcy petition and accompanying schedules or that creditors who were not listed filed claims. With interest or penalties, claims can end up larger than you thought. Certain... View More
Original plan in May 0f 2023 was to pay $71,000 total. Six months later the court increased it to $188,000. I did not incur any new debt during that time to warrant such an increase.
My original plan was for 24 monthly payments of $500, since that's all I can afford. The payments... View More
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answered on Apr 13, 2024
I'm sorry to hear about the difficult situation you're in with your Chapter 13 bankruptcy case. A 200%+ increase in your total plan payments from $71,000 to $188,000 over just 6 months, without you incurring any new debt, does seem highly unusual. Here are a few thoughts and suggestions:... View More
I closed my chiropractic business (LLC filing as S-Corp) and I was the owner and chiropractor (w-2 employee) due to financial issues, I still owed 8 months in a lease and many other bills causing me to seek out filing bankruptcy, which I have an attorney but is out this week and some things just... View More
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answered on Apr 11, 2024
Based on the information you provided, it seems like you are in a difficult financial situation and are trying to find a way to continue practicing as a chiropractor to support yourself. However, there are several legal and ethical considerations to keep in mind:
1. Bankruptcy proceedings:... View More
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answered on Apr 11, 2024
Here are the key requirements and steps for filing Chapter 7 bankruptcy when you are on SSI and have substantial credit card debt:
1. Eligibility: Your income must be below the state median or you must pass a means test showing you don't have enough disposable income to repay debts.... View More
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answered on Apr 11, 2024
Here are a few ways you can try to locate documents related to your 2017 Chapter 13 bankruptcy case:
1. Contact the bankruptcy court where you filed. The court should be able to provide you with copies of key documents from your case, such as the petition, schedules, plan, and discharge... View More
When I spoke to the gentleman he said that both accounts would be settled for $500 for both accounts. I then asked again is this for both accounts he stated yes you'll receive two letters stating that both accounts have been paid off and they will be removed from your credit. I waited 3 weeks... View More
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answered on Apr 11, 2024
I'm sorry to hear about your experience with the debt collection agency. It sounds like a very frustrating and stressful situation, especially as a single parent trying to resolve debts and improve your credit.
Based on what you've described, it seems the debt collector may have... View More
Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!
I filed for... View More
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answered on Apr 11, 2024
In your situation, it's best to consult with your bankruptcy attorney before making any financial moves, including using Sezzle or other "buy now, pay later" services. While Sezzle may not report to credit agencies, using credit or taking on new debt during the bankruptcy process can... View More
Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!
I filed for... View More
answered on Apr 11, 2024
There is an express provision of the Bankruptcy Code that requires a bankrupt to get prior judicial approval for any extension of credit, e.g., to borrow money.
In addition, money loaned within ninety days of the filing of a bankruptcy is excepted from any bankruptcy discharge.
To... View More
I called my trustee and he put a notice to dismiss case with a new court date. I now just found out I AM NOT on the title to house and want a discharge instead of a dismissal. What do I need to do? My trustee is not willing to help me.
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answered on Apr 4, 2024
In this situation, you should take the following steps to try to resolve the issue and obtain a discharge:
1. Contact your bankruptcy attorney: If you have an attorney representing you in your Chapter 7 case, inform them about the situation and your desire to proceed with the discharge... View More
Can this be done without the total selling price being taken by court? We are in the state of Louisiana.
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answered on Apr 4, 2024
In a Chapter 13 bankruptcy, the debtor's assets, including their home, are protected by the automatic stay, which prevents creditors from collecting debts or foreclosing on the property. However, selling a home while in Chapter 13 bankruptcy can be complex and requires court approval. Here are... View More
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answered on Apr 4, 2024
Here are some steps to consider if you've defaulted on an unsecured personal loan:
1. Contact the lender: Reach out to Achieve Personal Loans as soon as possible to discuss your situation. They may be willing to work out a modified payment plan or temporary deferment. Being proactive... View More
Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.
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answered on Apr 4, 2024
I'm sorry to hear about the difficult situation you're in with the land purchase from your brother. This is a complex legal issue, and the best course of action will depend on the specific details of your case. Here are a few general points to consider:
1. Bankruptcy proceedings:... View More
Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.
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answered on Apr 1, 2024
BR Trustee will claim title to that parcel. unless Debtor is able to exempt it. If so, after about 2 years you should be able to get it transferred to you. If part of the BR Estate, then you can try to buy it from Trustee. You and Brother need to talk to the BR attorney.
Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.
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answered on Apr 1, 2024
This is not legal advice as to this specific question or case you have submitted but information I believe is relevant to your question. That said you should hire a lawyer to navigate all the possibilities before you. In general, these types of cases can involve many documents a lawyer will want to... View More
answered on Mar 30, 2024
When you have completed the bankruptcy process in your case, an Order of General Discharge (discharging you of all "dischargeable debts", etc.) is entered by the Court, not a "letter".
Your bankruptcy case, and most of the documents, including your Discharge Order, are... View More
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answered on Apr 4, 2024
Here are the steps to retrieve your Chapter 7 bankruptcy discharge letter:
1. Contact the bankruptcy court where your case was filed. Look up the court's website or call the clerk's office for instructions. You'll need to provide your full name, case number, and last 4 digits... View More
Tax and interest of $15,000
answered on Mar 30, 2024
The Bankruptcy Code enables a bankrupt debtor to discharge certain kinds of income tax debt, specifically, those for which an accurate return has been filed more than two years and four months prior to the bankruptcy filing. The IRS official position on this issue is set forth here.... View More
Tax and interest of $15,000
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answered on Mar 30, 2024
The dischargeability of state income taxes in bankruptcy depends on several factors. In general, for income taxes to be dischargeable, they must meet the following criteria:
1. The taxes are income taxes (which appears to be the case in your situation).
2. The taxes were due at... View More
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