Can I keep the car and keep making payments on it during chapter 7
Almost always, yes.
If the car was say a 2018 Bentley and you only owed two more payments--with something like that the bankruptcy trustee would sell your car. But if you owe about what it's worth, the trustee isn't interested.
Now if your car is financed by Ford... Read more »
I live in VA and have a Chase credit card and a Chase vehicle loan. If I default on my credit card, but remain up to date with my vehicle loan, can they repo the vehicle?
No, they can't.
Credit Unions are allowed to repo the car if you don't pay your credit cards. But banks can't.
I have a total 40K debt. I have 10K car loan left which I have never missed a payment. But I am no longer able to pay my credit cards after losing my job which is 30K and they are all charged off. I am about to finish a course and try to land on software engineering job. But I do have concerns.... Read more »
Mr Dennison points out something important. What's best for you if you own real estate can be very tricky. You really need to talk to a lawyer right away in that case.
You can read some things I've written about Freedom Debt Relief, here.... Read more »
We purchased bedroom and dining room furniture from Ashley furniture about a year ago. The furniture's cost us about $8000 plus insurance coverage of $600. In about a year, the coating of the furniture has been peeling off, the chairs legs are lose and the joints are broken. We reached out to... Read more »
Virginia has some of the weakest consumer protection laws in the country.
One place to look for a lawyer who could be able to take it on is National Association of Consumer Advocates. https://www.consumeradvocates.org/find-an-attorney
I need a lawyer that can help me, I am a widow living on Social Security, and scammer /fiancee, ran credit cards 4 of them up to $70,000, he would pay the cards off, get credit again, and month later, credit card companies would send out a rejected payment because of closed accounts,
He... Read more »
Sadly, we see that scam a lot. Where in Virginia are you located. If you are in Northern Virginia I'd be glad to help.
Bankruptcy Record
Filed for Bankruptcy in Il: Reorganization (#1203036) Jan. 30, 2012
Bankruptcy Record
Filed for Bankruptcy in Ny: Liquidation (#0368257) Dec. 8, 2003
How do we find out if there are still creditors looking for payment? We are just interested, I... Read more »
If you declared bankruptcy within 180 days! of your mother's death, you would probably have to notify the bankrutpcy court.
Received a garnishment summons today through my employer for a court date in October 2019 in Circuit Court. What are my rights in regards to Statatue of Limitations in the State of Virginia? Do I just show up for the court date and explain to the Judge this is time barred and the case should be... Read more »
It's not time barred. Once they have a judgment against you they can garnish for ten years; AND they can extend it for another ten.
If you have a judgment you need to either pay, or file bankruptcy. Only very rarely do they just go away.
They've been harassing my entire family for info; even contacting my ex sister-n-law.
After you give them your BK case number, do a little research. It sounds to me like this is an underground debt collector. Sometimes the Federal Trade Commission goes after them, if they get enough complaints. So you may be able to get them prosecuted.
IF they seem to be a legit outfit,... Read more »
A loan from an employer is like any other loan. You can clear it in bankruptcy, unless there was some fraud involved, or if you used it to pay your taxes.
It depends.
I begin to answer that question, here. https://robertweed.com/file-chapter-7-bankruptcy-in-virginia/
The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed
Most likely they will have evidence they sent you the notice, even if you say you didn't get it. There's no guarantee a judge will believe you. If this is your most serious debt problem fighting may help you. If you have lots of other debts, too, maybe it's time to repair your... Read more »
No notification was received however recently received court summons of garnishment with date of Sept and garnishment was started last week.
Once they get a judgment against you--maybe years ago--they have twenty years to hit you with garnishments. It would fall off your credit report after 7 years, but legally the judgment is still there.
PS The September date on the summons is the STOP date for the garnishment. The start... Read more »
Can i file for banckruptcy ( without losing my house) while i am in the philippines? Or can i authorize my dad to do the process while im out of the country? And will it affect my application of child custody?
After you send the papers to the court, you are required about a month later, to show up in person to answer questions. Usually you can get permission for a call in if you are on assignment for the US Government; other approval is tough.
When are you planning to be back?
I filed chapter 7 two years ago and found out today it was never reaffirmed
If you are sure you never reaffirmed the car--and haven't refinanced it since--then yes, you can turn over the key, not owe any money and not ding your credit.
The judgement is attached to my credit report. I am trying to figure out how to get it off.
Sorry I don't know if the problem is that the judgment shows on your credit report, or that the judgment is attached to real estate you owned in July 2011 that you still own.
At least for a few months. More depending on the details of your situation and how your bankrutpcy is set up.
I was charged with a dui but it was dismissed at court.
Yes, as long as you weren't charged with DWI.
The debt is 5 years old was written off by Lending Club so a bit perplexed as to what to do. Unfortunately my case is appearing on Monday, July 23. I was quoted $1000 fee by another attorney up front which I thought was a bit off given the nature of the case and my research of Velocity’s nature... Read more »
You NEED to show up in court, ask for a trial, ask for a Bill of Particulars and tell the judge your defense is statute of limitations.
That will get you a couple of months to prepare a defense, and if needed line up a lawyer.
I never received the 10 day notice giving me time to come up with the needed funds to pay. the letter was drafted on 6/29/18 and I received it on 7/6/18 what are my rights please help.
If you never received the 10 day notice letter, then WHAT was drafted on 6/29 and received on 7/6. I'm missing step I need to answer your question.
Probably five years.
Remember that statute of limitations is an affirmative defense; if you are being sued on a credit card you need to go to court and claim the statute of limitations.
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