There currently is a judgment obtained after the bankruptcy. This bankruptcy was before the laws changed in 2005. Is this in violation of my bankruptcy discharge? If so, is the entire judgment void? (he also sued for over payment of child support) What is the procedure for correcting it?
answered on Apr 10, 2013
This is a confusing question. What came first, the debt or your bankruptcy discharge? If the debt was acquired post petition, after you filed for bankruptcy then it was not part of the discharge received in your previously filed case. If the debt was incurred prior to the filing of the... View More 
answered on Apr 10, 2013
The answer will depend. When you file your bankrupcy automatic stay goes into effect and no creditor can collect from you. If they do, you can recover the money. However, the question is what type of debt is this? Is this debt dischargeable in bankruptcy? If yes, then it will be discharged and... View More
answered on Apr 10, 2013
Not sure why you cannot afford your attorney. Your attorney is obligated to provide you with representation for the duration of your chapter 13. He/she cannot take any money from you after the case is filed. He/she is compensated out of the plan. Check your Righs and Responsibilities form,... View More
Can I use my actual deductions?
answered on Apr 10, 2013
This suggests that perhaps chapter 13 may not be feasible. Please consult an attorney about your potential case and the goals you hope to achieve. Our expertise can be extremely valuable.
answered on Apr 10, 2013
I think you mean convert from chapter 13 to chapter 7? Chapter 13 is the one with the payments. The answer will depend on whether you qualify for discharge under chapter 7. If you don't already have a lawyer, get one. Perhaps your chapter 13 can be salvaged and if not they can make sure... View More
answered on Apr 10, 2013
Too confusing to answer. Generally speaking, if you have fallen behind on mortgage payments the creditor has a right to foreclose on the property. Chapter 13, under which you propose to bring your loan current over a period of 3-5 years will prevent foreclosure. Not sure if that answers your... View More
answered on Apr 10, 2013
Having your wages garnished does not prevent you from seeking bankruptcy protection.
answered on Apr 10, 2013
You are at the risk that the mortgage creditor will file a motion for relief of stay in order to pursue foreclosure. If you have an attorney, contact them immediately.
answered on Apr 10, 2013
The only way to find out is to try. However, I would caution you to discuss the implications of doing this with your attorney.
answered on Apr 10, 2013
No, you may not add post-petition incurred debts to your previously filed bankruptcy.
answered on Apr 10, 2013
That depends on many things. If they file for chapter 7 and there are no assets available for distribution to creditors the answer is no unless you can file and prove fraud or discharge as to you falls under a category of exceptions to discharge.
answered on Apr 10, 2013
This question is too broad to answer on this forum. My only suggestion is to go to your local bankruptcy court's website and see what they have there to help self represented parties. As a bankruptcy attorney, knowing how many things can go wrong in a case, I don't recommend filing your... View More
answered on Apr 10, 2013
Strange question. Overpayment suggests not a debt but a credit. Debts are dischargeable. Credits are an asset.
answered on Apr 10, 2013
All debts you owe must be listed in the bankruptcy. Perhaps you mean something different by the word "included"? In order to receive dischage in your chapter 13 case you would need to get the case confirmed, complete all the plan payments for period of 3-5 years depending on whether you... View More
answered on Apr 10, 2013
If you used an attorney, a quick call to him/her will provide you with the answer. If not, there are several ways. If you have the original notice of bankrutpcy filing, which was mailed to you right after you filed the case, you can find the filing date towards the top of this form. If you... View More
answered on Apr 10, 2013
Not necessarily. Garnishment can be result of an unsecured creditor (such as credit card account) having filed a lawsuit and obtained a judgment. You would list the original creditor information on schedule F, then list any collection agencies on the Creditor's Matrix. If you have been sued... View More
Before the mortgage servicer's claim was disallowed, a previous attempt was made by the mortgage servicer to lift the automatic stay. It failed due to lack of standing.
It was before the proof of claim was disallowed and the motion to lift automatic stay was dismissed without... View More
answered on Apr 10, 2013
Probably. Not sure why the proof of claim was disallowed. Generally speaking a secured creditor who is not receiving regular payments can seek motion for relief of stay in order to foreclose on the property. If you are trying to prevent foreclosure and don't have an attorney representing... View More
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