I can file in 2 weeks but this finance company wants to come view the collateral of which I no longer have some of the items. Please help
answered on Oct 14, 2020
If you have retained legal counsel let the finance company know. They should be contacting your attorney rather than you directly.
The general rule is that they cannot "breach the peace" when attempting to take back collateral. A simple "no" is sufficient to meet that... View More 
What are my options to keep my house but to get rid of the RV?
answered on Jun 29, 2020
Like the other attorneys who have responded, a Chapter 7 would allow you to surrender the RV and discharge the loan in its entirety. A Chapter 7 allows you decide whether you want to keep secured debt or get rid of it. In your case, you can retain your house and keep paying the mortgage and... View More
answered on May 17, 2020
No, this money is explicitly excluded from the definition of income in the CARES Act. This means it does not need to be paid into your plan.
However, if you have recently become unemployed due to the coronavirus and are not making payments into your Chapter 13 plan, you may want to speak... View More
The judgment lien has been on the property for 13 years and was put on after my sister got a divorce from her ex-husband and a debt for a vehicle was never paid. The ex brother-in-law is no longer in the state of Tennessee and this debt, unless negotiated off the property will most likely never be... View More
answered on Apr 16, 2020
A short and simple answer is that a judgment lien in Tennessee is only valid for 8 years. However it seems that there are some moving parts in your questions. If you would like to email me, I can refer you to a real estate lawyer in your area to give you better advice.
This really depends... View More
answered on Apr 14, 2020
If you mean your tax refund check, then yes. If you mean the CARES Act Covid-19 stimulus check, then no.
answered on Apr 14, 2020
Go to trustee13.com. Choose Gwendolyn Kerney who is your Chapter 13 trustee. This will take you to a login screen. Your username is your case number and password is the last four of your social.
What a blessing! Thank you so much sir for your quick response! Have a safe and healthy evening!
Sincerely,
Tina Humphrey
answered on Apr 9, 2020
Yes! The CARES Act explicit excludes the stimulus payments from "current monthly income." In other words, it does not need to be paid into your Chapter 13 plan
card is current and i have no insurance. Tenneessee
answered on Apr 3, 2020
Generally you cannot. The general prohibition against accruing additional debt includes credit cards for healthcare.
I've been in chapter 13 bankruptcy for almost 2 years now
answered on Mar 30, 2020
Unlike tax refunds, the trustee does not file a motion to intercept any other type of money coming from the treasury. So it will come to you.
There has been recent policy from the DoJ and local trustees in Tennessee that pretty explicitly state that debtors in an open Chapter 13 case will... View More
My monthly pymt is 500 per month, I received a text asking if I can pay more monthly since my husband no longer had a credit card bill due.
answered on Mar 14, 2020
It sounds like the trustee wants you to pay your full disposable income into your plan.
A Chapter 13 plan must either be a 100 percent plan or else you must devote all your disposable income into the plan.
If a credit card of your husband has recently been paid off and he no... View More
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.
