The bankruptcy code requires a disclosure in the Statement of Financial Affairs of any assets transferred to a Trust within 10 years of the filing date for the case. I am not sure why the lawyer advised you to do this, because they can still be considered an asset of the bankruptcy estate. Also,...View More
You should first go to www.irs.gov and get a transcript of the tax return for the year in question. Next, contact the IRS and schedule an appointment at the Taxpayer Customer Service office closest to your residence, and ask a representative to review the situation. Each individual person has...View More
A Living Trust would be one of the best simple ways for your father to set up his estate plan. The real estate would need to be transferred to the Trust and the documents would most certainly need to be prepared by an attorney. An Attorney who practices in the area of estate planning and tax law...View More
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...View 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...View 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...View 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... View 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...View 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... View 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...View 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... View 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...View 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...View 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... View 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...View 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...View 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...View 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...View 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...View 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...View 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...View 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... View 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...View More
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