Alabama has a bankruptcy homestead exemption of only $16,450.00 which is adjusted for inflation every 3 years. If your property is owned free and clear, you can lose the property if you file a Chapter 7 bankruptcy case. It is of the utmost importance that you contact a bankruptcy attorney...Read more »
Yes. Receiving income via cash, private income, Bitcoin, or any other means can be disclosed to the Court to comply with 11 USC 521 / 11 USC 707 via an Affidavit prepared by your Attorney. The value of the compensation has to be disclosed to the Court. It must be included on the Means Test...Read more »
Do I have to give the trustee my tax refund in chapter 13 bankruptcy? I called my attorney and spoke to a Lady in the office and she said that the trustee doesn’t take tax refunds anymore. Wasn’t able to speak with my attorney personally.
The Bankruptcy Code DOES allow for the Chapter 13 Trustee in any district to inquire as to the amount of future income received by the Debtor, from all sources. Some Trustees send out an annual Questionnaire to every active bankruptcy Debtor upon which a disclosure under oath must be made as to...Read more »
I’m in a chapter 13 bankruptcy, and just want to know if I need to report new car insurance? I’m a year into my payment plan. Our insurance is outrageous and want to find a new company. Also I know most companies do a soft credit pull, will that affect anything? I’m in middle district... Read more »
You are free to change your auto insurance. Make sure, however, that you comply with any requirements of your auto lender to have certain coverages on the vehicle. Credit Unions will often require higher policy limits and coverage than commercial banks. Go through a local insurance agent who can...Read more »
I'm self employed. I do landscaping and I have credit cards in my name and my fiance has others in her name,but it to help me to use for my business We owe up to 48,000. In my name its 13,000 her name 35,000. SInce the pandemic I havent had a lot of work. I've been making our credit card... Read more »
One thing to consider at this point is whether you have any upcoming bills such as medical bills, or an eviction related bill. Prior to filing a bankruptcy case it is important to consider letting all obligations come to fruition, so that you know everyone you owe money to on the date you file...Read more »
I filed a dispute for 7000$ with Al Vantage along with a police report and a warrant was issued on the person who fraudulently used my debit number. Most of which was used western union where identification had to b shown. Al Vantage claims they did investigation and determined no fraud.. I... Read more »
You may have a claim under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act ( F.D.C.P.A.) You should gather up all of the documents, correspondence and any other evidence you have concerning this transaction. A lawyer will need to determine if there is enough evidence to...Read more »
In the Southern District of Alabama you will need to reach out to a new bankruptcy Attorney. The main issue with changing counsel is legal fees. In Chapter 13 Bankruptcy about 75-80% of the "no-look" attorney fee is paid out in the first year of the case to the Attorney, and then...Read more »
My car is on its last leg, and we don’t quite have enough yet to pay for something decent with cash. Can we go to a buy here pay here that offers no credit checks? All they ask for is ID, proof of income and insure and down payment. Would we get in trouble and get kicked out of bankruptcy? Or are... Read more »
The answer to this question could vary depending on what bankruptcy district your case is pending in. I practice in the Southern District of Alabama, which has a very reasonable and workable approach to getting Debtors in a position to replace or purchase a vehicle while in Chapter 13. The...Read more »
The answer to this question will vary from state to state, depending on the applicable exemption laws. Every state has a legislative schematic which allows a bankruptcy debtor to protect, or "exempt" a portion of the equity in their "homestead." A chapter 7 bankruptcy...Read more »
If you schedule your sole income and your sole expenses on Schedules I and J, your daughter's income from her employment should not be factored in. The corollary to that assumption is that your daughter earns just enough to pay for things like her vehicle, insurance, food ( at school or her...Read more »
I filed for Chapter 7 in 2016 and dismissed in August of that same year. I am currently in Chapter 13 with 100 percent repayment. I have started nursing school and my work hours will be greatly reduced. Can I convert to a Chapter 7 or get my payments reduced?
You must first determine if you received a Discharge Order in the prior Chapter 7 case. If you did not receive a Discharge Order in that case and it was dismissed without a Discharge Order, then you may be able to convert your Ch 13 to Chapter 7. You will need to sit down with your attorney and...Read more »
If you owe the IRS for a prior year(s)' taxes, the IRS can offset your current post-bankruptcy filing tax return even though you are in a Chapter 13. Once they offset your tax return, they are required to amend their Proof of Claim in the Ch 13 case to lower the amount owed, based on the...Read more »
After a reasonable attempt to locate you for personal services of the Summons and Complaint, and after filing an Affidavit with the Court verifying that you are not deployed on United States Military Service, the creditor can file a Motion with the Court for permission / authorization to...Read more »
The Debt Collector is required to comply with both state and federal law in collecting the debt. They are not allowed to breach the peace, assault or abuse you in any way in their actions to collect the Debt. The critical factor on your end as the Debtor is to collect evidence of these types of...Read more »
My ex-husband recently included me in his bankruptcy for my share in our divorce settlement. I was informed by the trustees office that my ex's $170,000 Secured debts would have top priority, then my Priority debts would be paid. I would like to avoid waiting 2/3 years to receive my settlement... Read more »
If your ex husband owes you a simple property settlement that is clearly not in the nature of "spousal support," then that claim can be discharged in his Chapter 13 Plan depending on his level of assets and income. I strongly recommend consulting with an Attorney who focuses on...Read more »
We just moved to AL from WA State. Our truck, with all of our belongings broke down the day we had to leave. We were told that it could not be repaired by the dealership because the part needed was no longer in production. I could not find a used part anywhere. Eventually we had to leave everything... Read more »
A bankruptcy filing may be the answer. Our office would provide a free consultation as well as a payment plan for legal fees and costs. The filing of the bankruptcy case puts a Stay ( stop) Order on all of your creditors. All calls, legal actions, wage garnishments, bank attachments etc must stop...Read more »
If you are married and your deceased spouse is the only party who signed as the borrower under a debt, including a mortgage, then you as the non-borrower are not personally liable. A secured lender, however, retains its rights which were granted by the deceased spouse pre-death, and can sell...Read more »
Move in asap? If so what paperwork do I need to file. I've noticed a couple different forms that could be filed. I Know to change the locks. I need to know the right way to go about it so I don't get in trouble or go to jail for something I didn't understand.
Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to...Read more »
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