Your current state is Virginia
Responsibility. Debtor's sibling pays remainder of case with agreement all property released from case goes to him. Estate executor lies and withholds some property. What can sibling do to receive said property? Is this fraud in any form?
answered on Dec 8, 2022
It is fraud in every form and the debtors sibling should file suit against the estate and the executor personally.
answered on Dec 6, 2022
You don't identify which party is the debtor in bankruptcy.
The automatic stay is triggered by the filing of a bankruptcy case, and prohibits any action against the debtor or property of the debtor's bankruptcy estate (which is very broadly defined).
If the proposed... Read more »
The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... Read more »
answered on Dec 4, 2022
You would have to reduce the cause of action to a judgement by filing a lawsuit and going through that process. This process will depend on the language in any contracts executed or if there was no contract the state procedural and conflict of law rules.
Once you have a judgement you would... Read more »
The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... Read more »
answered on Dec 4, 2022
The First thing you do is find out where the matter is pending.
The Second thing you do is find a creditor's bankruptcy lawyer there.
The Third thing you do is follow his advice.
Good Luck
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answered on Nov 30, 2022
Yes. Check with your local bar association or legal aid society.
I have 44,000 in equity for my home, I am still paying mortgage, completed reaffirmation agreement that lender sent. The allowed exemption was 27,900. I have the same issue with my car, I do not own, however there is 7,000.00 in equity, the trustee states I only can exempt 1475.00. I am up to date... Read more »
answered on Nov 29, 2022
It doesn't mean anything if no one objected. Most creditors don't, but the Trustee may do so for the benefit of all creditors. If you have exceeded your exemptions, amending your schedules won't make any difference (it is a question of fact, not just about what you assert on your... Read more »
answered on Nov 27, 2022
In a word, yes. For both Schedule I and the "means test" reflected in Official form B-122, your annualized income from all sources includes food stamps (note that the means test reaches back six months from the date of filing of the bankruptcy).
I cosigner a car loan a few years ago with my girlfriend at the time. We broke up, and she refused a pay it, and has been on the run to stop ot from getting repossessed. I can't afford to pay it. What are my options? I live in maine.
answered on Nov 26, 2022
Find the car, repossess it if your name is on it, then sell it and pay the proceeds on the loan. There’s really no other way for you to get out from paying its. If your name is not on the title, then you’ll need to sue her to resolve this.
answered on Nov 22, 2022
Great Question!!
An overpayment of social security benefits can be discharged in bankruptcy. Since it is a general unsecured nonpriority debt. It just happens to be owed to the government. But, the Social Security Administration (SSA) can object if it determines that the overpayment was... Read more »
I have no car, no land, no house, and no business. I have been unable to work/go to school (I had to drop out) the past few years because of serious mental health issues (I've been to residential treatment twice in the past two years). I have complex-PTSD and have been experiencing very acute... Read more »
answered on Nov 17, 2022
It may be possible based on your circumstances. Please seek qualified counsel in your jurisdiction. It would probably have to be by adversary complaint, so make sure counsel knows what they are doing
my ex started a petition to change parenting time and custody and won custody and is now asking for thier legal fees. child support was never has never been part of this process nor in any of the motions or petitions simple custody and parenting time. i want to discharge these legal fee in a... Read more »
answered on Nov 17, 2022
First and foremost, I recommend that you consult with Counsel experienced in this type of matter in your Jurisdiction.
Second, I would say, it depends on how it is written in the State Court, because 11 U.S.C. 523(a)(15) is a catch-all for any types of Orders in the matrimonial court not... Read more »
They charged for work never done, and caused damage. Was preliminary notice needed? Can they force sell my home?
answered on Nov 17, 2022
The mechanic's lien is a secured claim, secured against the property on which work was done. That doesnt go away just by virtue of the bankruptcy filing. You can file an adversary in the bankruptcy case though to get rid of it, if you believe it is based on fraudulent charges. Also, you want... Read more »
answered on Nov 16, 2022
The working presumption in a Ch. 13 case is that the debtor will retain and manage his assets, and that is set when a Plan is confirmed (there are provisions to modify a plan after confirmation).
There is also a Bankruptcy Code provision that states that a debtor must first procure court... Read more »
I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... Read more »
answered on Nov 16, 2022
You cannot garnish the sisters account if you do not have a judgment against her.
I received a judgment in a lawsuit. The defendant transferred ownership of a newly Mercedes-Benz purchased just before a lien or writ of execution could be filed. The paperwork was illegally notarized by an out of state Notary. Is it possible to file a claim to reverse the sale and file a lien or... Read more »
In my Chapter 13 I had a cram down on one of my vehicles. While in the plan, the amount agreed to was paid in full. About a year later, I voluntarily dismissed my Chapter 13 and wanted to know where that vehicle stands as far as being paid off or not.
answered on Nov 15, 2022
In a Ch. 13 proceeding, an Order of general discharge is entered upon completion of the confirmed Plan. If you dismissed before that time, no Discharge of debt was entered. As a result, upon dismissal, you were returned to the position you were in immediately prior to the filing of the... Read more »
I have tried to settle out of court and have offered paying more. They want payment for work never done to home.
answered on Nov 15, 2022
Your inquiry requires more information. Are you in a pending bankruptcy? If so, is it Chapter 7 or Chapter 13? Did you include the contractor as a creditor in your bankruptcy? Please provide more information in order to receive an appropriate response.
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