I thought chapter 7 protected the property but the trustee says he will use the finance from the sale to pay my debts. The will was not put through probate court in 2016 when I received the wills. Based on this information, what remedy do I have?
I owned an undivided 1/2 interest in my ex-husband's property from our divorce 15 years ago. I gifted it to my children 8 months ago so that it wouldn't have to go through probate at my death. Will this be a problem if I file for Chapter 7? I received no money and own no other property.
That is likely to be a problem as it will probably be considered a "fraudulent transfer". Speak to a local bankruptcy attorney for possible solutions, as there may still be a way for you to file that doesn't cause a problem for you or your children.
Per Arizona law, I cannot hold more than $300 in cash or checking account, without declaring it trustee. I will keep the home due to homestead law and car loan as well, but due to loss of job I may have to sell another car to keep bills current. How this money for bills and food can be exempt and... Read more »
Properly timing the date of filing your case can be key to ensuring that you do not unnecessarily lose assets in the bankruptcy. Your attorney should be able to guide you through this. If you do not have an attorney, this is one of many reasons why you should obtain one.
The answer often depends on your local practice. If your plan is not paying 100% to unsecured creditors, an increase in income may be a basis for you to pay more through your plan. Check with your attorney (or if you filed without one, call around for one) before making any extra payment not...Read more »
Creditors do not have to report to the credit bureaus. If you didn't reaffirm the mortgage, you aren't personally liable on the debt, and the mortgage company generally would stop reporting. The mortgage company retains its lien and you must continue paying to avoid foreclosure.
An ex and I signed a lease for an apartment 2016, 3 months before the year was up we had to move out of state and didn't have the money to pay the rest of the lease. Of course there is an eviction on my credit (and probably his too). He and I broke up due to abuse and I have no idea where he... Read more »
You cannot file for bankruptcy on only one debt - all of your debts must be listed and are affected. You may want to consider seeing a debt settlement attorney in your area, perhaps you can work out a favorable settlement on this one debt.
Assuming your judgment of divorce or settlement agreement awards you a share of the 403(b) account, you will likely need a Qualified Domestic Relations Order (QDRO) to receive your funds. Seek out an attorney in your local area who handles QDROs.
in a joint account the responsibility of both spouses? What I am asking is my spouse that I am divorcing also responsible for the remaining balance, maybe the original balance since all payments of the loan to date have been taken out of my paycheck. The loan was used by both parties for home... Read more »
My mom has gotten deeply indebted to Discover CC mostly by them tacking on about $500.00 a month in interest. She is 80 years old and on social security. She has paid them thousands and thousands trying to get this paid for years. They just keep tacking on the interest and have driven up the total... Read more »
She can be sued, the question will be whether the creditor will be able to collect anything from her. That will depend largely on what assets she has, and her state's laws. Consider seeing an attorney to determine whether she can be considered "judgment proof".
No, while that is one of the grounds for divorce, nearly all divorces now proceed under the so-called "no-fault" ground of the irretrievable breakdown of the marriage over the past 6 months. You do not need to first get a separation to begin the divorce process.
Payments were made from my sole account. After we broke up , she now wants to surrender the truck to the lender (loan in her name). Can I take her to small claims court to recoup the monies paid towards the loan as I now have equity in the vehicle ?
If you make a purchase with no intent to repay it, the creditor can make a case against you for fraud. In the bankruptcy context, this means that the creditor may be able to have that debt declared nondischargeable, or you could be denied your discharge entirely.
Child support in New York State continues through age 21, unless it can be shown that the child is emancipated. Clearly, emancipation is not a factor in your situation. Unless you signed an agreement that provides otherwise, your child support obligation will continue until he turns 21.
The costs of bankruptcy vary, even in a specific geographic area. You should contact bankruptcy attorneys in your area to request an estimate of their fees. You can use the "Find a Lawyer" tab on this site, or you can search on the NACBA (National Association of Consumer Bankruptcy...Read more »
After our house sells, my wife and I will be divorcing. I have to obviously get an apartment, but I will have to file bankruptcy most likely after we split. A lot of debt that causes me to live paycheck to paycheck as it is now with 2 incomes. My questions are should I file before or after getting... Read more »
Whether the amount of your housing expense will have an impact in your potential bankruptcy case can be determined by a full evaluation of your income vs. expenses. There is no one answer. It is not too early to seek a bankruptcy attorney who can guide you at this stage.
I have a few Finance company loans with outrageous interest I need help deciding between bankruptcy or consolidating?? I have 1 income 4 kids I work full time and bring home around $700 weekly. I do have a car payment I wouldn't want to put that in with the bankruptcy or debt cons. If I filed... Read more »
The best way to resolve your confusion is to make an appointment with an experienced bankruptcy lawyer in your area. Many bankruptcy lawyers offer free consultations. Bankruptcy does not ruin you financially for life, many individuals who file are able to reestablish their credit relatively...Read more »
You should file a support modification petition in the Family Court, the sooner the better. Forms should be available at the court, and also online at the New York State Unified Court System website. You probably want to file a custody/visitation modification petition as well.
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