There are no eligibility limits for debt to file a Ch. 7 case; there are income ceilings, however. (Unlike a Ch. 13, for which there are debt limits for both secured and unsecured debt totals).
A cautionary note- any charges made to a credit card within 90 days prior to the filing of a... Read more »
When you file for bankruptcy relief, you must sign several bankruptcy Schedules showing ALL your estates and ALL your debts, and swear to their accuracy. You cannot leave anything out.
Credit card and medical bill debts are generally unsecured, i.e., there is no collateral securing... Read more »
Certain types of taxes are dischargeable in bankruptcy, IF you have filed a tax return showing those taxes as due longer than two years and four months prior to the date you file for bankruptcy relief.
Not sure how that can be done "accidentally", but, the most important thing is- don't wait to be caught.
Tell your parents what you've done. And/0r tell the person whose account you hacked, if you know who that is. Or maybe even tell your local legal authorities. You... Read more »
I had on time payments on all of my accounts even when i filed bankruptcy. Once it was officially filed all 14 accounts were reported as negative marks as being banktruptcy.
When i have previously filed bankruptcy this never happened. One of the accounts is my car loan that I still make... Read more »
Generally, the credit bureaus just publish comments about your accounts submitted by those creditors who subscribe to any of the credit bureau's service. The credit bureau itself doesn't generate comments about particular accounts, although the bureaus may have picked up your bankruptcy... Read more »
I agree that a garnishment/levy on your bank account is continuing, so adding deposits to that account is NOT a good idea.
Open a deposit account at some other financial institution. Would be smart to open an account at a Delaware bank/credit union. A NJ judgment doesn't have effect... Read more »
I want to start rebuilding my credit eventually, if I am able to open one whats the process like?
Section 364 of the Bankruptcy Code provides for obtaining credit while in bankruptcy. While the statute speaks of a "trustee", that term includes a debtor in possession, which is what a Ch. 13 debtor is.
Section 364 authorizes obtaining unsecured credit "in the ordinary... Read more »
A family members bankruptcy is showing up on my credit report. I called one of the creditors on my report & they told me my family member gave them my ss# with their DOB when the account was opened. I asked my family member to contact the firm who handled their bankruptcy & ask why its... Read more »
Lodging a dispute with the credit bureau(s) (you should check all three major credit bureau reports) may work to delete the entry on your credit report.
There is a more ominous aspect to this, however. About ten years ago, an attorney with the US Trustee's office in my District told... Read more »
No, and if you do not file a motion for stay pending appeal, addressed first to the bankruptcy court, and if denied, then to the US District Court (the appellate court in bankruptcy cases), your appeal may be dismissed as moot if the creditor obtains foreclosure sale or other irreversible steps... Read more »
My parents helped my sibling(1) buy a house and also provided money to make improvements - new roof, bathroom(s) remodeled, etc. Now both my parents are incapacitated. My other sibling(2) has power of attorney over both of them, and used the power to re-title the property in sibling(1) name only,... Read more »
In PA, the designated "attorney-in-fact" must always act to promote the best interests, especially financial, of the grantor(s) under the Power of Attorney.
Upon the scant facts you provide, there seems to be no financial benefit to your parents by forfeiting their long-held... Read more »
All states have statutes specifying the "legal rate" of interest, and routinely, when an order to pay/judgment is entered by a court, interest accrues on the adjudicated amount at the legal rate.
So, yes, the court has the power to impose interest until paid. I recommend that you... Read more »
In the event of death will the state try to get the property to pay for his services ?
The VA home purchase benefit entitles the vet buyer to finance 100% of the purchase amount of the property, and consequently, for several years after the purchase, there is little or no equity in the property.
When federal funds (administered by the State) are expended for end of life... Read more »
What else needs to be done before I can get the left over money in the account?
Edited: to say their was no will. But yes it was posted in the paper and 1 other place by my lawyer. About 2 months ago
Assuming you opened a probate case and got the will admitted, PA law requires you to post notice of the estate opening in a newspaper in the county "of general circulation". Creditors of the estate have one year from the date of first publication within which to make a claim against the... Read more »
I passed the means test, I am employed but currently receive Disability from employers LTD insurance. I know that Florida only allows for a $1000 Car, but I cant throw money out the Window to drive a junk Car that cost me more money in the end. The problem is that I paid the Car off in 2020. I know... Read more »
You are best advised to discuss these concerns with a Florida bankruptcy lawyer.
If the car is the only asset you have with reachable equity, you're probably safe and can keep the car (whether in a Ch. 7 or 13). If you have other assets that are not protected by the allowed exempt... Read more »
And can they (the Trustee) also have your home appraised?
When you complete your bankruptcy Schedules, which ask you to list every conceivable asset you have, and you sign them under penalty of perjury, it is not possible to "not include" your house.
A debtor's opinion of its value is generally admissible as proof of value, to be... Read more »
My wife was second in the Power of attorney ,if her brother could not perform the task ,He passed away 12/31/2020 will was written about 8 months prior. She needs to sell the house and put it in trust for her mother to be used to pay for nursing home care, because of her brothers death she is also... Read more »
A certified copy of the brother's death Certificate should do the trick.
She still has a mortgage.
Either form of deed will serve the purpose.
Warranties, in a deed or any other document, assure the person to whom the warranty is given, and if breached, that person may be entitled to the grantor for the breach.
Inasmuch as the grantor's own living trust will be the grantee,... Read more »
Get 0.00$ but you have still been paying that every month where does that money go it was calculated up when you first start
The model Ch. 13 plan provides that creditors must file a Proof of Claim to receive distributions under a confirmed plan, and even where the model plan is not used, the Ch. 13 trustees as a matter of rule/policy only make distributions to creditors which have filed a Proof of Claim.
Other... Read more »
Yes, my sister and I plan on keeping the house for the foreseeable future. How would I go about getting this data, county assessed value and common level ratio, to compute what we owe in tax?
I agree with the preceding answer, but there's another factor to consider: the valuation for estate tax purposes (where the appreciation in value is taxed at 4.5%) becomes the "stepped-up" basis for future income tax/capital gains purposes. The estate tax 4.5% is a way better rate... Read more »
The deceased did not have a will and died four years ago but the estate was just opened in January.
Record a certified copy of the decedent with the Registrar of Deeds in the county in which the property is located, and any subsequent title search will show the property as owned by the surviving joint tenant.
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