I am very sorry to tell you, but if you filed a bankruptcy - it does not go away just because you don't "go through with it". Perhaps this blog will help you understand: https://dianedrain.com/bankruptcy-stays-on-your-credit-report-even-if-case-dismissed/. Moral - NEVER file a... Read more »
Bk coming off credit in January 2021. Do I need to refinance and reaffirm to get the home back in my name?
The mortgage and home are in your name, no matter if you filed bankruptcy. The bankruptcy discharge removed your legal obligation to pay the mortgage (assuming you listed the debt as you were required to do). If you want to keep the home you must pay all secured debts, which include the HOA.
Are there any pro bono attorneys for elderly people who have limited income. What does commingle funds mean?
No, unless you commingle funds - see 42 U,S,C Section 407(a) and SEC 207. I am happy to provide a free bankruptcy consultation for Arizona residents.
filed bankruptcy in January 2020. I recieved a 2019 return in February. Needing to pay bills because of lost income we used our return to pay rent. We lost over 2k monthly because wife was furloughed and unable to obtain a income.
This is a very serious situation. The trustee has an obligation to collect the estate's percentage of any non-exempt property, which includes tax refunds. If you have an attorney - contact them immediately. If you do not have an attorney - make arrangements to pay the appropriate amount to... Read more »
Sorry about your attorney - that is why it is very important to research the attorney. Make sure to file reviews so that everyone knows your attorney's license is suspended. You don't want others to make the same mistake.
To answer your question - unfortunately, there is no... Read more »
We filed for bankruptcy in 08/19, got discharged in 01/20. The trustee reopened bankruptcy and took our 2019 refund. Now that the bankruptcy is reopened are they going to take the stimulus check too?
The law governing the funds was not passed before your bankruptcy was filed. Therefore, no the trustee has no right to those funds.
I hope this was helpful.
You are posting this in Arizona. Try reposting so Idaho attorneys can see it.
We are the creditor in the BK for owed assessment dues in an HOA...the debtor objected to our proof of claim so we amended. The debtor continues to object claiming we are not using checks written to the hoa because in the memo line they say something unrelated to dues.
You need a good creditor bankruptcy attorney. So much can happen to the HOA without one. Let me know if you want referrals.
hello I am in the middle of a chapt 7 BK will my Trustee get our stimulus checks. My wife is not in my BK
I assume you do not have an attorney, or you would not ask. No one really knows. Most likely it will depend on your trustee and other non-exempt assets. Do not spend the stimulus without getting permission from the trustee.
I plan on filing in the next couple weeks, but hoping I can use my return for this virus & not having good enough income, can I if I have not actually filed yet? It was an error in the questioned, it was supposed to say "filing", NOT "filling". Sorry.
Don't file a chapter 13 unless you have a very experienced chapter 13 attorney (with more than 10 years of chapter 13 work). The failure rate with a good attorney is 40-50%. The failure rate with a bad attorney (one who does not care about their clients) is 95%. The failure rate for those... Read more »
Filed bankruptcy April 1 2019. Refund issued Feb 29, 2020 captured by trustee. He's not returning my calls, so I'm curious about how long it may , or usually takes to get the money that the estate isn't entitled to. Is there anything in the statutes that outline this process?
Thank you
The trustee has an obligation to collect all non-exempt assets, which includes tax refunds for the year you filed a bankruptcy. But, only a potion of the refunds. The trustee is not going to return your call if you have an attorney. If you don't - contact the United States Trustee's... Read more »
It is listed on Schedules A/B and exempted (for the proper amount) on Schedule C. You are best working with an experienced bankruptcy attorney. We offer a free consultation.
Insurance on our car, it got repoed, now trustee is saying she can keep our money to send to creditors, is this true?
Depends on when the vehicle was repossessed and the law of the state where you live.
8 years after my 2nd mortgage forclosed I found out the frst mortgage loan which was an fha, is still in my name. The loan is active and payments have been made by someone without my knowledge for 8 years. My name is listed on the contact information but the contact adddress and phone is that of... Read more »
This happens all the time. The first loan has not been paid off, therefore there is still debt owing - by you. If this is Arizona property, under 2 1/2 acres, then lender can foreclose if the loan is not paid, but they cannot sue you. That is the good news. The bad news is that you still have a... Read more »
It depends on your other non-exempt assets. Talk to your bankruptcy attorney, or, if you don't have one, make an appointment to talk to a volunteer attorney at the Bankruptcy Court's Self-Help Center - 602-682-4007.
For back due taxes on his business. I want my half of the value of the property before it forecloses.
How do I put a lien on this?
An owner cannot have a lien on their own property. If the lender was an entity of the owner, then the entity can have a lien. Talk to an experienced litigator, with real estate experience.
Can they keep all of my refund this year or just 1200.00 owed to trustee?
Trustee office said they'd ask trustee for a repayment plan in October 2019, but I've had no response and have sent them many emails asking. I'm expecting a big refund and wondering if they're keeping it all
You need to contact your attorney because there are more issues you have not discussed. If you do not have an attorney, there is a Self-Help Center at the Bankruptcy Court. Call them to make an appointment to talk with an experienced bankruptcy attorney - 602-682-4007.
I hope this is helpful.
Since I filled last feb and send them a check. Also case was reopened in November to distribute last yrs tax return or should I be clear now since I paid the returns last yr
If you have an attorney, please contact them because this is what you paid them for. So, I am going to assume you do not - the trustee collects tax refunds for the year you filed and any prior years that you have not collected. If you filed the bankruptcy in 2019, then the trustee can collect... Read more »
I was served while walking in to court for one of the orders of protection since he was appealing it. I didn’t respond because I was confused and I was waiting for a court date. Now I’m in default and they want to garnish my wages. I’m a single mom with only my income. I need help what can I do?
Thank you very much for contacting my office. I realize this is a challenging time for you and that you have lots of questions. It is okay to be anxious and overwhelmed; the trick is not to fight it. Instead, you are on the right track by educating yourself about options to help deal with your... Read more »
Someone owes me money and I won a default judgement and just filed for garnishment. I received notice that they are filling for Chapter 7. The email from the her lawyer said I had to contact her employer to remove the garnishment. Do I need to do this, or should they do this? Honestly, I... Read more »
Never demand payment (or continue with a garnishment) if someone is in bankruptcy - this can very VERY costly for you. There is a chance that they will fail to follow through with the bankruptcy and the case will be dismissed; at that time you can move forward with the garnishment. It is best for... Read more »
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