When a bankruptcy case is filed and a landlord has not yet received a judgment for possession, the automatic stay typically stops the proceedings as it does all other collection actions. However, the landlord may ask the bankruptcy court to lift the automatic stay to allow the eviction to proceed.... View More

Whether or not your settlement is considered an asset in a bankruptcy case does not depend on the date of the settlement. The claim itself is an asset in the bankruptcy case if it exists as of the date of filing, so if a person files bankruptcy with a pre-existing claim, it does not matter how long... View More

Your financial situation won't prevent anyone from suing you, though it may mean that the creditor would be unable to collect at this point. That's not a sure thing, though--it depends on how much income you have and any assets that you might have.

A local bankruptcy attorney can... View More

The filing fee for a Chapter 7 bankruptcy case is $335. Depending on your financial circumstances, you may be allowed to pay this fee in installments or receive a waiver. You will also be required to complete credit counseling before filing. The cost varies depending upon the provider, but is... View More

The answer to your question depends on the particulars of your case. In most cases, an automatic stay would have gone into effect upon filing, and would prevent your landlord--for a time--from evicting you based on non-payment of rent. If you filed with an attorney, you should address this question... View More

Although only one residence is protected by the homestead exemption in bankruptcy (in Louisiana, the one you occupy, up to $35,000 in equity), that doesn't necessarily mean losing one property. One situation in which the secondary property might be retained would be if there were little or no... View More

Before you file for bankruptcy, you must complete credit counseling. The purpose of this requirement is to help you determine whether or not there are other viable options for you. You can find a list of approved agencies here:... View More

There are a couple of options for keeping a car with an outstanding lien in Chapter 7 bankruptcy. One is to reaffirm the debt (basically, agree that the debt won't be affected by the bankruptcy and that you'll keep making payments as scheduled). Another is to "redeem" the car by... View More

Generally, a judgment in Virginia is valid for ten years, and may be renewed for an additional ten year period. That said, it would benefit you to speak with an attorney as soon as possible. Depending upon the specifics of your situation, some or all of the funds seized may be exempt from... View More

The determination as to whether you can file for Chapter 7 bankruptcy does not take the status of your debts into account. It begins by comparing your income to the median income in your state for a household of the same size. Most people who are below the median qualify for Chapter 7 bankruptcy.... View More

If by "moved" you simply mean that the attorney has relocated his/her practice, you should be able to locate the attorney easily. Making contact with the lawyer would be your best approach, since he or she will know how your house was handled in the case and why, in addition to being able... View More

You may want to contact the Trustee. Depending on your local practices, it may be possible for the trustee to agree to re-open the case for final payment and discharge. Your chances of getting this resolved in your favor will diminish with time, so make sure that you're diligent about moving... View More

It's not clear whether you're asking how long the lender has to file suit for a deficiency (assuming non-judicial foreclosure) or how long a judgment creditor has to collect on a judgment once it's been entered. The statute of limitations for most contract issues in Alabama is six... View More

You mention having turned in paperwork to your attorney. This is a question that should be directed to that attorney, before you take any action. Your attorney knows the details of your case and your jurisdiction, and is the best qualified person to answer this question (and the only one ethically... View More

Your question isn't entirely clear, but if you're asking whether you can discharge someone else's debt in bankruptcy, the answer is no. If you're considering bankruptcy, you should speak with a bankruptcy attorney in your area before taking any action, as you're in a... View More

Your bankruptcy attorney would be the best source of this information. From your question, it's not clear whether you're attempting to discharge debt to the store or have paid in full, how much time elapsed from your purchase to the bankruptcy filing, etc. Talk to the attorney who knows... View More

You should contact the attorney who handled your bankruptcy case. The sequence of events you describe is inconsistent, making it unclear whether or not your liability for the mortgage would have been discharged in the bankruptcy case. Even if your personal liability has been discharged, it sounds... View More

In addition to Chapter 7 being a means of discharging debt and Chapter 13 being a means of restructuring debt to pay back over time, Chapter 7 is generally most useful for people who have a lot of unsecured debt. Some common examples of unsecured debt include credit card bills, medical bills, old... View More

The best source of information about what was and was not discharged in your bankruptcy case will be the attorney who represented you in that case. If you were not represented by an attorney in your bankruptcy case, refer to your paperwork. If you do not have your schedules and discharge order, you... View More

The answer to your first question will depend on a number of factors, including whether the land is a single parcel on which your home stands or separate parcels of land, the equity you have in the property and which type of bankruptcy you're pursuing.

The answer to your second... View More