The only way you can force the lender to accept current payments on your home loan while at the same time pay the arrears over time is via Chapter 13. You may be able to get the $8,000.00 arrears put onto the back end of the loan via a Loan Modification, but you would need to start the...Read more »
Once you have filed a case with retained legal counsel, it really is not appropriate for another attorney to "second guess" your lawyer since the lawyer should be the person who has spent the most time analyzing your information and becoming familiar with your situation, etc. That being...Read more »
We want to keep the house and other things but not the car. We found out that the car is only worth right at 8k but we still owe over 15k. What should we do? We are able to make the house payments but not the car.
Chapter 13 may ( stress, "may") enable you to "cram down" the vehicle loan, which is in simple terms a process whereby you pay the creditor only the current fair market value of the vehicle, with interest which is usually Prime Rate plus 1 or 2 points, over a time period of...Read more »
I filed CH 7 bankruptcy in August and I am waiting on discharge. Unfortunately, my new job requires that I rent a car twice in the next two months, which is significantly more expensive with a debit card (For a rental that costs $125, they also require a $343 deposit and although the $343 will be... Read more »
If you are currently in a Chapter 7 bankruptcy case, getting a credit card after the filing of your case, but before it is discharged may simply be a matter of going to a credit card clearinghouse website such as www.creditcard.com. You would most like not have a lot of luck finding a credit card...Read more »
The automobile must be listed on Schedule A/B, and then the debt for the automobile ( if any) should be listed on Schedule D. You must make sure to claim any available exemption for vehicle equity ( FMV minus Loan principal balance) on Schedule C. You also must indicate on the Statement of...Read more »
A Means Test is a schedule that has to be completed in consumer bankruptcy cases which provides a determination as to whether the individual is eligible to file a Chapter 7 case. In Chapter 13 cases the Means Test is relevant to the determination as to how much the Debtor has to pay general...Read more »
You would need to wait 8 years from the filing date of the ch 7 in December, 2009 to file another Ch 7. By working with a lawyer now, you should be able to stretch things out till December, then file your ch 7. It would make sense to consult with a lawyer now to
Yes, one spouse can file a solo bankruptcy case. The other spouse's income is still included in the Means Test, however, if you and your spouse live in the same household. If separated, you can exlude the non-filing spouse's income as long as you sign off under oath that the separation...Read more »
3 years ago the home burnt down. They still pay the property tax, also It appears she also filed chapter 13 bankruptcy. I called the ordinance department 6 months after to which they could never get ahold of the owner but did put a fines on property all they said could be done. It's been 3... Read more »
You can sue the owner and claim that the property is a nuisance, so long as the property's current condition is creating actual harm to your adjoining parcel of land or the structures on it. You can also make a claim for any physical injuries and medical costs you have actually suffered as a...Read more »
Assuming your household size is single, or married with no dependents, Chapter 13 looks to be your best option under the U.S. Bankruptcy Code. Under Chapter 13, you would be required to set up a Plan which provides for a payment equal to your monthly "disposable income," running between...Read more »
A chapter 13 filing imposes a co-debtor Stay on the creditor being able to collect on the account. This means that the creditor can take no action against the Ch 13 debtor or the co-signer. Filing a negative entry on the co-signer's credit report could violate the bankruptcy Stay Order, and...Read more »
Federal and most likely your state's law ( or the applicable state law if an out of state lender) would require you to be truthful on your loan application. If there is space provided, add a notation of the date the bankruptcy case was filed. You should under no circumstances omit any...Read more »
NCP filed Chapter 13 bankruptcy says he filed back support on it he has to pay it back over time but I should get what he owes me in one lump sum, he has already been to court and got everything okd or approved about his bankruptcy and he asked me 2 weeks ago if I have gotten his back child support... Read more »
The back child support in the context of a Chapter 13 bankruptcy case filing would flow through the office of the Chapter 13 Trustee located in the district where the child support Obligor filed his case. The Obligor would not be able to get his CH 13 Plan confirmed unless he has made all...Read more »
closer to her family, can the hospital attach the funds from the sale before we have a chance to buy another home to move to. The reason we need to move is because of the wife's condition is critical, Esophageal Varices caused by Cirrhosis of the Liver due to hepatitis C and research shows... Read more »
The creditors do not have a lien on your home which would have to be paid upon sale of the home unless they have filed a lawsuit and obtain a judgment. The creditor's judgment must be filed in the County where the real estate is located prior to the sale of the home for the creditor to be in a...Read more »
Another issue you may want to have looked into is whether the creditor actually obtained personal service on you before the case proceeded to a judgment. I can't even count the number of times I have discussed this issue with a client in connection with a bankruptcy case where one of their...Read more »
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