my brother has been advised the judgement against him is having his bank account frozen. Problem is he is also joint in my elderly moms account and that is all of her money. He doesnt deposit any money into that account. How do we keep them from freezing her money and taking her money
answered on Mar 20, 2023
Take all the money out of the account. If it has already been frozen, you will need to hire a lawyer to challenge the execution and prove it is her money.
The company already finished with the bankruptcy I signed settlement agreement for a certain amount already 3 months ago what is taking so long
answered on Feb 8, 2023
Bankruptcy can be a long and sometimes frustratingly-slow process for creditors. However, bankruptcy is guided by a complex mix of federal bankruptcy law, bankruptcy and local rules and other areas of state and federal law. In short, it is complicated and often has very important deadlines that... Read more »
Refinance was canceled 8 years ago, and lender was allowed to proceed with void mortgage and note in state court.
answered on Dec 28, 2022
If the state court issued a judgment of foreclosure, even if you believe that the note and mortgage were somehow void, your remedy would be to challenge that judgment in that court with a motion to reargue or an appeal to the higher state court. If you try to collaterally attack it in a bankruptcy... Read more »
I'm disable with the pandemic that's going on can't afford to pay
answered on Nov 8, 2022
If you have no assets or taxable income (for example you are on SSI), or very low income, Chapter 7 may be a good option. Alternatively settling the credit card debts individually may be a good option especially by doing so you may be able to damage your credit less, as a bankruptcy will remain on... Read more »
answered on Nov 5, 2022
You are able to file a Chapter 13 in this situation. However, you may not receive a Discharge in this new Chapter 13 case because you may have received a Discharge in a Chapter 7 bankruptcy filed within the prior 4 years. Even if you cannot receive a Discharge, you can still file a Chapter 13... Read more »
Court appointed trustee was awarded 350k for my injury. Another 100k of assets were taken from me to pay my creditors who all received 98.6% of what I owed them. One of the creditors was a parent loan I took out for my son’s college. They received 59k of the proceeds in 2017. Now they are... Read more »
answered on Oct 4, 2022
Bankruptcy Code section 523 lists debts that are not discharged in the bankruptcy - meaning you would still owe the debts. 523(8) speaks to educational loans. The student loan debt might not have been discharged. However, it would only be for the balance after accounting for the payment made in the... Read more »
I sent cryptocurrency to Celsius within the prior 45 days before they filed bankruptcy. Could I possibly have reclamation rights under 546(c) of the bankruptcy code?
Uncertainties: is the cryptocurrency considered a good covered by this? Cryptocurrency sent to Celsius is essentially lent to... Read more »
answered on Jul 27, 2022
This would be a low priority claim and without significantly more information, there is no way to know. You need to retain an experienced bankruptcy attorney and provide a great deal of information. Good luck.
My bankruptcy is allowed to be reopened to allow me to add my ex husband as a debtor so I can claim against the sale of our previous marital home which he has sold. Do I need to file this paperwork in a specific time frame? I ask because I am out of money to continue to pay a lawyer to do this.
answered on May 13, 2022
I’m not sure what you mean you were granted an amendment. If they allowed you to amend your petition, then generally it should be done as soon as you can.
The bankruptcy is still in adversary proceeding at this time. It will probably be there for some time longer.. Does this mean the bankruptcy is still considered open? Is the stay in place until the adversary proceeding is complete?
answered on Apr 1, 2022
There is nothing stopping a lender from foreclosing after a bankruptcy is Discharged or Relief from Stay is awarded beforehand. The lender cannot begin foreclosure during a Bankruptcy case before the occurrence of either hypothetical.
Otherwise, no. There is no law the avails a grace period... Read more »
I filed for chapter 7 bankruptcy in 2021. The courts discharged my mortgage on my home. The servicer transferred the mortgage to a new servicer. The servicer has indicated that they have accrued nearly $5,000 in legal fees. Is the servicer legally able to foreclose on me within one year of my... Read more »
answered on Apr 1, 2022
There is no law that allows a person to live in their home if they are not paying the mortgage. If you filed Chapter 7 then you either intended to surrender the home or redeem (pay off the entire mortgage).
So I cosigned for someone 2 years ago and the person recently stopped making payments and now it has gone to repossession. The person blocked me from contacting her. My credit score dropped significantly and I am not sure what I can do. I'm not sure if I can sue her or get out of this cosign... Read more »
answered on Apr 1, 2022
Filing a bankruptcy will remove the negative remarks from your credit and permit you to start fresh. If you don't intend to file for bankruptcy, you'd have to sue your cosigner - which would be much more expensive and difficult than filing bankruptcy!
If you're interested in... Read more »
I'm a named unsecured creditor for a debtor (a general contractor / builder) and I suspect that there may be a pattern of fraud on the part of the debtor.
I'd like to contact other creditors to see if there is a pattern of fraud. I understand that there if there is, that would... Read more »
answered on Mar 21, 2022
Yes, it is acceptable for creditors to speak with each other.
Financial obligation. Is there a way to back out of a car loan I am the co-owner of without impacting the main loan holder or is there a way to get lower payments of even possible help with payments Thru any programs?
answered on Mar 15, 2022
While filing bankruptcy will release you of the obligation under the car loan, the other borrower will not be relieved and the lender can recall the loan and reposses the vehicle if the other borrower is unable to pay on their own.
If the economic impact payments (stimulus checks) were not taken by the chapter 13 trustees then why would the recovery rebate be taken. The recovery rebate is provided on the federal tax return for people who didn’t receive the full correct amount of their stimulus checks (economic impact... Read more »
answered on Feb 28, 2022
Most jurisdictions are allowing debtors to keep the RRC. Your bankruptcy attorney will know about your district for sure.
What happens if I receive a refund from the IRS but owe taxes on my state tax return (NYS)?
Will the trustee allow me to offset the two or will I have to turn over the Federal Refund and pay the NYS Taxes?
Will the trustee allow me to keep my Recovery Rebate Credit from my Economic... Read more »
answered on Feb 28, 2022
Whether or not you keep the federal refund depends upon three factors 1) the basis of the refund, 2) the amount of the refund and 3) how hungry your Trustee is. If the basis of the refund is child/earned income, then the exemption covers it all. There is also a Wildcard exemption of $1,350 that can... Read more »
answered on Jan 21, 2022
This question should be directed to your bankruptcy attorney.
Plaintiff does not seek an award of attorney fees contractual or statutory interest after the date of charge-off including any poor judgment interest and expressly disclaims any right it may have to the same
answered on Sep 21, 2021
You chose bankruptcy as the category. I do not understand your question, and would need to see the document about which you are inquiring.
I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... Read more »
answered on Aug 11, 2021
Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.
how do I list this property on my schedules
answered on May 12, 2021
If it is in your name already, you need to pay the liens to keep the condo. You list them as secured debt. If it is not in your name, but will be some day, you list it on the statement of financial affairs.
I recently noticed a collection account from PRA on my credit report. I've never heard of them, but the amount owed was similar to the amount I owe a bank. I never received anything from PRA though, so I opened all my recent mail that I thought was junk.
Lo and behold, one of them was... Read more »
answered on Mar 15, 2021
The Statute of Limitations in NY for a debt is 6 years from the last use of that credit or last payment. The SOL is an affirmative defense meaning you would have to plead it to use it in a suit. If the creditor sues you then you would have to answer it with the Aff. Defense of SOL. As for the... Read more »
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