They take our tax refund entirely? Or do we get to keep it?
In a Chapter 13 bankruptcy, while all of your assets, including any expected tax refund, must be disclosed in the Bankruptcy Schedules that must be filed in the case, a debtor retains all his property, unless he chooses to surrender it to a secured creditor, or sell it, as part of the proposed... Read more »
For what? Lol
If you meant to ask whether you need a lawyer to file a bankruptcy case for you, the answer is No, you can file pro se, BUT,
If you represent yourself, well, there's an old saying that a lawyer who represents himself has a damn fool for a client.
If you... Read more »
My chapter 13 In Michigan tax refund portion is silent. Will I get a refund? If so how much am I an entitled to keep if this is silent. I really wouldn’t mind them keeping it if it paid my case off faster but this pandemic has put me out of work and I need all of my refund or pretty close to it.... Read more »
Your Plan (whether before confirmation or thereafter) can be modified.
Your Plan commonly identifies the source of your funds, current and in the future, that will be used to make payments to the Plan, and routinely, that source is your current and future earnings.
It is at least... Read more »
I know each filer has $400 allowed in the account, but can we exempt our tax refund with the wildcard exemption?
If you use the Federal exemptions, and do not use the "wild card" on other property, yes.
And pursuant to Indiana Code Title 34. Civil Law and Procedure § 34-55-10-2(c)(11), your income tax refund should be exempt as well.
I'm in PA, and bankruptcy debtors can choose... Read more »
Due to losing his job and unable to find work Due to COVID. The chapter 13 included $15,000 in irs debt and we were told everything in the chapter 13 would be included in the chapter 7, we even have emails from the attorneys legal assistant indicating they were included and the judge signed off... Read more »
There's only one "kind" of Ch. 7 bankruptcy cases, and the Bankruptcy Code is a federal law, so applies equally in every state.
When a bankruptcy case is filed and the sworn Schedules are completed and filed, EVERY claim/debt must be listed, with creditor's name and... Read more »
I thought it was a certain number of time that debt would have to be returned to the person once they filed bankruptcy. I reside in Virginia.
Generally, a debtor or bankruptcy trustee can recover payments over $600 to any unsecured creditor within ninety days preceding a bankruptcy filing, as a "preferential transfer".
But that's not true about secured claims (debts secured by collateral).
Credit unions... Read more »
It was discharged December 2020 however I pulled his petition and he lied regarding his income. He failed to list his live-in girlfriend and her income towards household bills and he also claims our son lives with him when he signed over his rights for visitation a year ago. Has seen our son 8... Read more »
A bankruptcy discharge can be revoked for fraud, but it must be initiated within 6 months of the entry of the discharge order.
The Bankruptcy Schedules are signed under penalty of perjury. If a bankruptcy debtor attests to a deliberate lie in the Schedules, the penalty for perjury is 5... Read more »
My re-affirmation for my vehicle was approved in my chapter 7 bankruptcy. When I purchased the car, my dad co-signed for me. My car now needs repairs that are too expensive given the value of the car. I want to cancel the reaffirmation and turn over the car and purchase a new car. What happens... Read more »
Unlike a Ch. 13 bankruptcy, the filing of your Ch. 7 bankruptcy did not stay the vehicle lender's rights against any non-bankrupt co-signer on your loan.
Your father remains liable to the lender on the obligation. If the creditor accepts surrender of your vehicle, and then sells the... Read more »
I will have no consenting class, Will it be impossible to get a cram down? his nonsecured class will get nothing, his secured class will get chapter 7 value, the secured collateral is not worth as much as the debt, so the creditor will object on the both secure and the non secured class.
I'm in SE Pennsylvania, and my district, your case would be kicked out of bankruptcy court inasmuch as its a dispute between only two parties, your business and the one creditor.
And even if you could somehow get over that hump, you'd still need at least one class of impaired... Read more »
executor of his estate or how can I become the executor.?
In intestate (no will) cases, an Administrator, or Personal Representative, not an Executor, or Executrix, is appointed,
But each serves the same fiduciary function, to gather up and maximize the value of the estate for the benefit of the legal heirs.
The PA statutes designate the... Read more »
I'm in healthcare and have been a clinical associate, CNA and dental assistant. I graduated KU with a 147 credit bachelors of general studies. Now I have a bunch of student debt and the only jobs available for me pay the same or less than before I received my degree and I'm at risk of... Read more »
On the few facts you provide, it seems that you got what you enrolled and paid for at KU. I assume that you chose your field of study leading to your degree.
That may change somewhat if you have something from KU, in writing, promising you a better paying job/career than what you already... Read more »
Anybody with about $300 to pay the required filing fee tribute to the Court can file a bankruptcy petition, and complete and file the required Schedules and statements (the Official Bankruptcy Forms are available online).
But, there's wisdom in that old adage about one who represents... Read more »
Can a bankruptsy case that has been closed, be reopened to include debts and assets intentionally left off by attorney and debtor??
Thanks, this is a very helpful law forum.
"Debts and assets intentionally left off".
If it's a Chapter 7 case, and the discharge has been granted, adding the omitted creditors may not expand the coverage of the Discharge to the newly added debts.
The bankruptcy Schedules are signed by a debtor under penalty... Read more »
If by "after chapter 7", you mean after you've initially filed your bankruptcy case but prior to the entry of Discharge, the Bankruptcy Code allows you three options for dealing with secured claims (debts for which collateral such as a car or a mortgage has been given):... Read more »
the proceeds? I am a 100% PT disabled veteran with a wife and kids.
If your Ch. 13 plan has been confirmed, and I assume it has after 2 years, what you do with the assets you retained under your plan should not require an adjustment of the confirmed plan payments.
In my district, in eastern PA, the Ch. 13 trustee is proactive, and if a sale of the house is... Read more »
We brought an administrative mandamus action in State Calif Superior court against local city agency for land use decision on a property whose prior owner was in Chapter 11 bankruptcy. Superior court judge ordered that due to auto stay provisions(11 USC 362), no further proceedings until AFTER... Read more »
The automatic stay in a bankruptcy case simply prohibits actions, or the continued prosecution of actions, against the debtor or his property. If the debtor no longer has an interest in the property subject to the California state court action, and there is no threat of liability of the debtor in... Read more »
I am on an income driven repayment plan working towards PSLF. I have to file chapter 7 bankruptcy due to husbands bad money management. I don't want my loans to pause or go into default or in any way be affected by the bankruptcy. Is that possible? I have to stay on track so I am done paying... Read more »
When you file for bankruptcy relief, you must file Schedules listing all of your debts and assets. And you must sign those Schedules under penalty of perjury. So, no, you cannot leave your student loans, or any other debt (or claim against you even if you don't think you owe it), "out... Read more »
My significant other , added my name to his checking account prior to his death ,on 9/21 2020 .
He added my name to the account 9/15 2020. I closed the account few days after death transferred the money to my account , we both had the same bank. He had No will , no other assets . I... Read more »
In PA, transfers of assets as gifts within 8 years of the date of death are considered to be "in contemplation of death", are by law are included in the taxable estate of a decedent.
The PA "death tax" has no exemptions, and taxes the very first dollar in a... Read more »
Yes, a landlord/property owner in PA has the right to reject your offer to lease his property. If the "collections" entry in your credit report is erroneous, you can attack it by disputing the entry through each or any of the credit bureaus, and if the entry is deleted, you can renew... Read more »
His obligation to repay that debt is/will be discharged. Your joint obligation to repay will not be discharged, so you're still on the hook for the whole debt.
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