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... View More

The case will be dismissed if you stop funding your ch 13 Plan.

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... View 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

1. Make sure you are... View More

Kimberly

I would need to check the date of filing of your previous CH 7 case. Please call me tomorrow at 251-431-6012.

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... View 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... View 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... View 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... View 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... View More

A bankruptcy case filing is reported under the Public Records Section of your credit report for up to ten (10) years.

The notation of the bankruptcy filing on the credit report is not significant enough to hold your credit score down after you receive the Discharge Order from the US... View 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... View 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... View 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... View More

You should first get together your last 6 months of pay stubs ( husband and wife if this is a joint case), and your most recent federal income tax return. If self-employed or a business owner, prepare a year to date income and expense report. Your attorney will need to review that information as... View More

You should contact the IRS to inform them if your ex-husband was not eligible to claim your minor child for an income tax exemption. The IRS will request a copy of the Court Order which determines which parent can claim the child as a dependent for income tax purposes. If you do not inform the IRS... View More

Your first action should be verifying whether you did in fact sign as a co-signer on the promissory note for the home loan. If yes, you can file your own bankruptcy case and pursue a discharge of your liability on the loan. If you live in the property, you may want to discuss other options with... View More

You should contact your attorney as soon as possible to discuss whether you can file a motion to modify the Ch 13 Plan to include the "Post-petition" mortgage arrears. It may be possible to apply for a loan modification ( go to www.makinghomeaffordable.gov and discuss with a housing... View More

You should contact an attorney who handles E.R.I.S.A (Employee Retirement Income Security Act ) law. The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide... View More

You are required to list all of your creditors. There is no provision in the U.S. Code or under Alabama law which prohibits you from paying a particular creditor, such as your family physician, orthodontist, etc for continuing services, so long as the payments do not take away from funds which... View More