I own two home. One I use as a rental property for income and it is my only source of income. I also own a house with my husband that we live in. Can I keep both? Not a joint filing, only me. My name is on the mortgage for one house and his on the mortgage for the other. But both of our names are... Read more »
answered on Apr 4, 2020
Depends on the value and how much equity you have in the houses. You should consult a bankruptcy attorney to guide you through this.
answered on Feb 18, 2020
Yes, if you qualify, dependent upon the Chapter of bankruptcy.
answered on Oct 21, 2019
Yes, they can foreclose on the Property, but they may not get a judgment against you personally (unless you Reafffirmed) and may not get a deficiency judgment against you
answered on Sep 26, 2019
You'll need to talk to your attorney (or get one if you don't already have one. In many jurisdictions, but not necessarily MI, the first step would be to bifurcate (split in two) your chapter 13 case. Then you and your wife have separate cases. At that point, your attorney can seek to... Read more »
Chapter 7 Bankruptcy , civil traffic fines
answered on Sep 8, 2019
A traffic ticket is not dischargeable in a Chapter 7 bankruptcy.
Is it from the date of the last payment made on the account or does it start 180 days after the last payment made on the account
answered on Aug 7, 2019
The statute of limitations starts on the date of last activity on your account. This could be the date you last made payment, but it could also be the date you last used the account, made a promise to pay, entered a payment agreement, or acknowledged liability for the debt.
We have a judgment against a person who was already in bankruptcy when she incurred the debt with us.
answered on Jul 24, 2019
There are any number of forms online that you can use as a template for the motion.
Bill was 317.40 as of 2/15. I have made 2 $50 payments since then and my bill from 3/14 shows a balance of 473.40 with a new charge of 164.99 from 10/2014.
It would seem to me that both signatures are required since a bankruptcy would affect both people in the marriage. Is it legal that my husband is doing this? He will not disclose the attorney to me so that I can ask.
answered on Mar 15, 2019
A spouse does not have to include the other spouse in a bankruptcy, regardless of whether that is a good decision.
Our house an vehicles are in the bankruptcy will the bankruptcy be nulled an all assets be taken back or can we just start paying the notes again
answered on Feb 5, 2019
Ideally, you should consult a lawyer who practices both in divorce and bankruptcy. As to how to proceed. Certain actions are prohibited and certain actions are not.
I am unemployed.
answered on Nov 29, 2018
Contact your local bar association or local legal aid society. They will assist you.
Live in government run retired military home (Armed Forces Retirement Home – independent agency of the Executive branch). Announced a HUGE fee increase. Fees to go from $1458 to $3054 a month. Aggressive letter writing campaign – Congress ordered three years phase in. (Ordered by law – in the... Read more »
answered on Nov 23, 2018
You lost it in your petition and explain the increases. The trustee will take it into account.
trade it in. Can I and how would I do that?
answered on Jun 4, 2018
Yes. However, you may protect it by using one of your exemptions for certain property.
I just have another personal loan i just cannot pay it has no Collateral. my car is paid for as well as all my credit cards i am a widow with VA check benefits on my deceased spouse who i get benefits on related to agent orange in Vietnam. Can I still keep my Veterans benefits and able to file... Read more »
answered on Apr 9, 2018
The VA benefits are not an issue. However, your giving the home to your daughter is an issue, and a trustee may be able to sell the property to pay your creditors.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Mar 20, 2018
Medical bills should be dischargable in bankruptcy. Consult a Jackson Bankruptcy attorney.
answered on Mar 10, 2018
Your chapter 13 plan may be able to avoid the lien on the property or provide for treatment of the items as secured. Either way, you should be able to keep the collateral. See a bankruptcy lawyer near you and they will be able to determine your best options. Hope it works out. Good luck!
The last payment from garnishment was in June 2017. I was told by the trustee that after I filed my proof of claim I would receive retroactive payments on the first check. I received the first check in December 2017 without the full retroactive amount. The second payment came in January 2018. I was... Read more »
answered on Feb 20, 2018
You should contact the MS Department of Human Services, Child Support Collection Division to determine if you can get free assistance with the collection of child support.
answered on Feb 20, 2018
Assuming that the bill is a payment on a debt for previous work performed the lawyer, the automatic stay that will go into place once you file for relief under the bankruptcy code will preclude any collection activity except for some types of collection for child support or alimony and collection... Read more »
answered on Feb 15, 2018
The owner will need to contact the lender to see if the lender will release the title. The lender is not required to do so if their lien was never paid.
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.