I mostly agree with my California colleague, except that in PA, we can choose either that PA exemptions, or the Federal exemptions, but NOT both, or a mix of both, and the "wildcard" exemption is a Federal benefit.
In short, it's available to those who do not use it entirely...View More
From the facts you provide, it appears that as the Ch. 13 debtor in possession, you/your lawyer can file an Objection to the Proof of Claim. So can the Ch. 13 Trustee, or, alternatively, the 13 Trustee can file a Motion for Authority from the Court to pay Claims, showing the DoE claim as getting...View More
As a creditor, I was planning to file an objection to discharge in hopes of getting my money back. Now I’ve learned that the debtor is on a 100% plan. Does that mean my money will all be repaid and that I don’t need to worry about my claim being discharged?
I cannot afford to pay my past due balance of $1200 and the carrier has now sent me an email stating that if I don't pay the past due bill that they will refer me over to a debt collector. What are my options here? What will happen with my bankruptcy if this creditor sends me to collections?
Your confirmed Plan is your first stop- does it read that you will pay, directly, specific debts? If so, and your cell bill is among those, then you have violated your confirmed Plan, and the bankruptcy Trustee my file to convert or dismiss your case. (You don't say whether you are current...View More
Pursuant to New Jersey statutory law, S.A, 3B:3-2B, a holographic Will, e.g., one handwritten by the decedent, even unsigned (the handwriting of the decedent of the context of the Will may be good enough), can be admitted to probate in NJ, regardless of the location of its drafting. But there are...View More
This is a fairly simple question, but it's not your first, nor even your second. It and those before it illustrate an important point: Bankruptcy can quickly become a complex thing, even for those who have practiced within its scope for years.
I loaned money to a friend and I also co-signed a loan for her. Both loans are still active. Now my friend has filed chapter 13. Should I identify myself as a creditor only or a creditor and a guarantor on my proof of claim form?
My bankruptcy was discharged in October 2021. Since then I constantly get emails from 2 creditors. One sends me constant reminders to download statements. The other sends me bill pay reminders for debts that were also included in my bankruptcy. I’ve called both CU to tell them I do not have an... View More
A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More
My mother passed away in October. I've been working with an attorney to settle her estate: me and the other heir's signed renunciation papers. I live in another state, and the others are unable to settle the estate.
Admitting a Will and having a named personal representative (Executor/Executrix) appointed is a pretty simple matter, in most cases, although a personal appearance by the personal representative at the Probate Clerk's office is usually required, to be sworn in.
Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back whatever the owner owned, such as mortgage lien, mechanic lien or tax lien? Is the title not supposed to free and clear?
I asked around, some people tell me I am responsible... View More
When a piece of real property is foreclosed and put up for sheriff's sale, the lien that is foreclosed (it may be a first mortgage, junior mortgage, tax lien, or other statutory or judgment lien) will be paid from the bid at the sheriff's sale. So will tax liens, and so will the...View More
For Trucking Company, Load was hauled before Bankruptcy is filed, but broker take 30 to 45 days to pay. In the meantime, Company is shut down and Bankruptcy chap 7 is filed. 30 days later, fund from hauled load is deposited in the account.
Is the fund free from bankruptcy ? Or, do I have... View More
If you have no other property, yes, you can keep both cars with the Federal exemption for equity in autos, plus the catch-all exemption, unused by any realty. There are other Fed exemptions that may cover your clothing, furniture, pc, etc.
That said, your questions strikes me as too...View More
Filing with husband our joint car loan is the car I use that’s inoperable I want to surrender that car and keep this new one. My credit is at 620 I already got approved for a zero down loan for a $18000 car
When starting the process for bankruptcy you’re instructed to stop paying credit cards but how is the money from not paying them looked at from a bankruptcy perspective? If I stop paying my credit cards I will have an extra $1300 would the trustee take this? Wouldn’t that defeat the purpose of... View More
Payments to any unsecured creditors, which includes all unsecured credit card issuers, within 90 days of the filing of a bankruptcy case are deemed to be preferences, recoverable by the bankruptcy Trustee.
Moreover, if you have $1,300 in cash/on deposit at the bankruptcy start date, you...View More
She is recently under hospice care. I am the soul beneficiary. There’s a lot involved. She’s afraid if we wait until her death I won’t have access and she doesn’t have a legal id to add me to her account.
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