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answered on May 20, 2016
After your case is closed, if you did not receive a discharge then a court can vacate an order since the automatic stay is removed once the bankruptcy case is closed.
SSDI.wouldn't pay for 6 months.my HELOC company would not co-operate with my mortgager. I finally got a letter of "Forgiveness" from the HELOC company, and i notified the mortgager. but the HELOC company says the process won't be finished until april 25th or so. i have spent... View More 
answered on May 20, 2016
It depends what the fees are for. If you did not reaffirm on the bankruptcy during your chapter 7 proceeding then your obligation on the mortgage and note are discharged. The mortgage itself is the lien on the property that allows them to foreclose, at their expense after your discharge. There... View More
the collection is accruing interest every month and they are reporting my delinquency for non-repayment. Is this legal?
answered on May 20, 2016
Yes it is legal. Second mortgages are secured loans on the house you live in and therefore the mortgage is not extinguished in a chapter 7 bankruptcy discharge.
answered on May 20, 2016
No. Feel free to get married after the case is filed. It may cause problems if you marry before the case is filed.
answered on May 20, 2016
There are limited reasons for which one may sue someone in bankruptcy. It is an expensive process and the results are not always successful. In order to sue in bankruptcy one must file an adversarial proceeding within the parameters of both reasons and time restrictions. If one is successful in... View More
Bankrupcy is for credit card debt and old and present medical bills. $55, 000 total. Will they take my husband's 52, 000 401k plan from his work??
answered on May 20, 2016
The answer is in most cases, no. 401K plans are exempted out of bankruptcy. In most cases there are sufficient exemptions to cover all of ones valuables. If the item cannot be exempted out the Trustee of the bankruptcy case will sell it to pay creditors.
answered on May 20, 2016
In Michigan there are 2 bankruptcy courts, Eastern District and Western District. The Eastern Court handles cases that are roughly east of Interstate 27 and the Western District is located west of Interstate 27. There are several court locations in each District. The court requires you to file... View More
I am currently enrolled in a debt solutions program but I have been starting to receive letter from lawyers regarding my balances. Should I be worried and if so should I consider bankruptcy?
answered on May 20, 2016
Over the past 20 years I have heard this problem several times. The only debt solution program that is guaranteed to work is either a chapter 7 or a chapter 13 bankruptcy. Often times the first several payments sent to many of these debt solution companies end up paying the fees due to the debt... View More
answered on May 20, 2016
No. Retirement funds are exempted under bankruptcy law.
I have a land contract with balloon payment I cannot obtain a mortgage at this time because of a low credit score if I file Chapter 13 would the balloonpayment be included and spread out over a five year period. I have received several conflicting answers to this question
answered on May 20, 2016
You have a real problem. Bankruptcy will not resolve the problem of balloon payments.
renting from my parents. I do not own property, my name is nowhere associated with ownership. We just found out because they are trying to remortgage and we discovered lien. Can a creditor legally put a lien on someone else's property for a debt. If the debt is listed as discharged how do we... View More
answered on Jul 6, 2016
The answer is, a creditor cannot place a lien on property that the debtor does not own. The bankruptcy discharges you from the unsecured debt but has no relevance on the wrongful filing of the lien. Your parents should send a letter by certified mail demanding that the lien be removed forthwith.
answered on May 25, 2016
The answer is yes. In most cases the debt will be discharged in bankruptcy. On rare occasions the default judgement will contain language of fraud. The creditor then may try to assert that fraud is one of the exceptions to discharge. You should present the default judgement to your bankruptcy... View More
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