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Not trying to evade debt. Long illness has led to the necessity to pay off credit cards without high interest before deleting all reserves
answered on Feb 7, 2018
If you propose to pay everybody in full in Chapter 13, then your investment portfolio would NOT be affected. You should definitely talk to an experience lawyer in your area to be sure that a 100% Chapter 13 is your best course of action.
I have filed a proof of claim in bankruptcy court and conremplating filing a motion to lift stay as a tort claimant against former employer for assault and battery by supervisor. If the motion to lift stay is denied can a proof of claim be filed again?
answered on Jan 27, 2018
If you have a claim against a former employer for assault and battery by a supervisor, you need a lawyer. Maybe two lawyers. One to protect your rights in the bankrutpcy court, and one to fight for you on the tort claim. Trying to handle those yourself is a real chance to miss deadlines and... View More
My husband is trying to file a chapter 7 bankruptcy . I want to withdraw my tsp from a previous employer. The paper he has to sign for me to withdraw acknowledge that he has no rights to it. Will it affect him signing the tsp?
answered on Jan 26, 2018
Please, please, please do NOT encourage your husband to file a Chapter 7 bankruptcy "on his own." If you mean without a lawyer. There are many many mistakes he could make.
There is a garnishment that could take place and they could possible take the max 25% which would prevent me from taking care of my children and myself.....i was reading about head of household exemptions and did not know if VA recognized this and if so what would the qualifications be for this.
answered on Dec 20, 2017
You have the right under Virginia Law, code of Virginian 34-4, to get back form a garnishment $5000 plus $500 for each dependent. But they will just turn around and garnish you again.
The only judge who cares whether you can take care of yourself and your children is the bankrutpcy judge.... View More
We purchased a used 2017 SUV for just under $18,000. We put a $4,000 deposit down and financed the roughly $14,000 remainder. We were pre-approved through Capital One's auto loan program. The dealership ran our pre-approval and finalized our loan. Our first payment is supposed to be due the... View More
answered on Dec 20, 2017
To answer that question better I'd need to see what papers you signed at the dealership. This could be a screw up and it could be a scam to try to cheat you out of your $4000 down payment.
You need to talk to a lawyer who specializes in car loan and car dealer law. One place to look... View More
The court date is a couple weeks away, just found out. I am POA and full-time caregiver for mom (she has dementia), we live in her house, she gets SS and small pension, no assets other than house. Could offer 3k lump sum to settle, but is that the right move? Do I even need to worry about her... View More
answered on Dec 7, 2017
Well, they can attach a lien to the house. This is important enough to talk to a Consumer lawyer. National Association of Consumer Advocates is one place to look.
I purchased a car for a reputable car dealership. When purchasing my car, they agreed to pay of my existing car loan in the amount of $2480. That was the amount I signed and agreed to on all of my paperwork. I got a letter in the mail today saying that they sent the bank a check for $2840 in error... View More
answered on Dec 4, 2017
There should be a refund of $360 form the bank, since they were over paid. If and when that $360 comes back to you, I think you'd owe it to the dealership.
Can you bankrupt to stop the foreclosure
answered on Dec 4, 2017
Yes, filing bankruptcy will stop the foreclosure. What kind of bankruptcy you should file and how long it will stop the foreclosure is a much more complicated question.
Held responsible to pay off the second mortgage
answered on Nov 30, 2017
In Virginia, no, the (former) homeowner is responsible. Assuming its being auctioned by the first mortgage holder.
answered on Nov 27, 2017
They have the right to hold out for the whole amount, like apparently they are doing.
Your only remedy for that specific car is to very quickly file a Chapter 13 bankrutpcy and that would get the car back and get you three years, or five, to pay the car off. Since that's not a very... View More
The company had lots of Black Friday incentives to earn prizes or codes that the company advertised as being able to be used on the promotions that would be offered during Black Friday. I have a screenshot of me winning the game that was titled The Black Friday Dragon Slayer and a printed coupon... View More
answered on Nov 26, 2017
The Virginia Consumer Protection law is a false advertising law. It gives you the right to triple your money back PLUS legal fees. You can read more about that law, here. https://law.lis.virginia.gov/vacodepopularnames/virginia-consumer-protection-act/.
One place to look for lawyers who... View More
My ex fiance and I (never married) have several accounts together and he is now threatening to file bankruptcy. My main concern is that we are joint on a loan for my vehicle.
answered on Nov 25, 2017
For sure you'll need to make sure to keep paying on the car. Although they probably shouldn't, there's a good chance they might stop billing you, but if you want to keep it, you need to keep paying.
There's a small chance his BK will leak over onto your credit report on... View More
answered on Nov 22, 2017
Some Judges in Virginia have said that anything for the ornament of the house or convenience of the debtor is a household furnishing.
A lady wants to sell a bar of gold in country of Ghana.She is informed she needs a "bank guarantee" to sell them.She says she has to pay $4000 dollars to gain access to buyers of the gold. Is this valid or not?
We divorced 6 years ago. He has made two ranks in the navy since and his pay grade has increased. My income has stayed the same. He has filed for bankruptcy with his current wife. He has been paying less than what the courts said he had to pay. The mediator said it was supposed to be $700 a month... View More
answered on Nov 15, 2017
Yes, bankrutpcy does NOT touch child support. The bankruptcy does not change your right to ask for more for the child based on changed circumstances. t
He has been unemployed and is now planning to pay his monthly plus some additional for arrears. If he’d payed it before I would have used it to pay my mom money back she has used to help me, paid for dental needs, or made student loan payments and/or kept my home! What is likely to happen? Best... View More
answered on Oct 15, 2017
In Virginia, the bankruptcy trustee CANNOT grab your back child support or back alimony. It still belongs to you.
No will.went court house filed paper work.properties in my name. Mom has a mortgage that is behind .I am desperatly looking for work. Can bankruptcy stop the creditor from putting me out of my home in V.A.?-
answered on Sep 15, 2017
You can file Chapter 13 which will give you five years to catch up the house. Obviously that only works if you have income. (And you are only eligible if you have regular income, too, but hope you will soon enough.)
Chapter 7 could stop the foreclosure for a few months, maybe long enough... View More
My girlfriend sublease an apt in NJ. When rent is rcvd, it goes into my bank account. Do I have to release that info as income to me? Does creditors look into all income going into your bank account?
answered on Sep 15, 2017
You definitely need to account for that activity. Go over with your lawyer the best way to do that so it doesn't affect your eligiblity. I'd think you have an expense that offsets that income.
Usually only your most recent bank statement is looked at, but you can be ordered, or... View More
Credit Card debt below 5k. Warrant In Debt court date next month. Can I file Chapter 7 and not go to court/disregard the warrant or is it a must I go to court? Please help.
answered on Sep 6, 2017
Yes, assuming you file Chapter 7 bankruptcy. That would block that warrant-in-debt court date.
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