The Deed is in your name so you own the home. Assuming the home is exempt there is nothing your liable for. If the home is not exempt the Trustee can take the home and sell it. Since your name is not on the mortgage it won’t impact your credit if your husband decides not to pay the mortgage.
I'm disabled from the military and have unemployment with social security since I can't hold a stable job. Currently have 50,000 debt on my own. The new haven act law says that my disability paychecks aren't counted towards the means test but that would mean I would make $0 in the... Read more »
You should speak with a Bankruptcy lawyer. Just because you have $0 for the means test does not mean that you have no income. The Means Test determines if you qualify for bankruptcy. This doesn’t mean that you don’t have income and expenses. You should speak with a Bankruptcy lawyer.
The court date was set before the bankruptcy (chapter 7 no-asset) case was closed and the debt in question was fully discharged. The lawsuit is for credit card debt which was sold to a debt collector (the plaintiff). Is there a way I can, without leaving myself vulnerable, avoid having to spend... Read more »
My bankruptcy lawyer has dropped the ball multiple times on my case that I absolutely have no faith in her handling my case. I'll leave the details leading up out, but the most recent issue is that she never submitted all of my creditors. Now that I am carefully reading the amendment, I am... Read more »
and it was not completed. I am aware of the Brunner Test and made my lawyer aware of it as well but the lawyer did not move forward on it or do anything to assist me and I was told "they won't discharge it". I am well aware that some have been by proving undue hardship and seriously... Read more »
Hello, the Brunner Test is not easy to overcome. You will also have to spend money to litigate this matter. I would call around but if most attorneys do not want to handle it then you may not have a good case. Try to contact a few other attorneys and explain your situation. If your case has been...Read more »
I had the absolute worst lawyer file my bankruptcy and overcharge me considerably. I don't know why she is so interested in my personal life but I did mention to her how severely discriminated I was at my last job. I thought about suing my previous employer but decided to let it go and... Read more »
Your petition must include any actions that you have or could bring against anyone. I don’t know why she cares if you pursue your employer unless she’s going to be hired to take on the case. However, If this claim is not listed on your petition and you decide to sue your employer later, then...Read more »
My bankruptcy lawyer charged me $2500 for a chapter 7 - I don't have any hidden assets or a complicated case. I find out that my brother-in-law paid less than half. So far, I paid her $2000. I still owe $500 in 3 monthly installmants. I had to chase her for everything, and I mean... Read more »
Hello, I’m not really sure how you can still be paying her after the case has been filed. Most bankruptcy lawyers will not allow payment after. It obviously depends on the retainer but usually you can’t collect after it has been filed. Not sure who your attorney is but you may want to bring up...Read more »
Unfortunately, Attorneys cost money to do work. Did you already hire an attorney previously? Maybe you can contact him/her. Otherwise, you will have to pay to hire an attorney to help you unless you qualify for legal aid or choose not to hire one.
You can file for bankruptcy on your own however, I do advise you at least speak with an attorney to understand and know your exemptions if not the trustee can take any assets you have. An attorney can also prepare you and represent you for the questions they will ask in court. There are Free legal...Read more »
I bought a home in 2010. Because I was a Marine until recently, they were unable to foreclose and the account with the late payments fell off in 2017. I am now doing a deed in lieu of foreclosure. Can the bank still report it as a "settled" account even though the original account fell off?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.