Foreclosures in Alabama are nonjudicial, meaning the lender can foreclosure under a power of sale clause in the mortgage contract without going to court. You may receive various notices along the way, including a notice of sale. While you don't have a right to reinstate the loan in Alabama... View More

If the lender's lien on the car was not redeemed in your Chapter 7 case ( see 11 U.S. Code Section 722), then technically it remains attached to the title of the vehicle until they file a an Alabama Form MVT 5-63 ( Application for Releas of Lien). One factual item not included in the... View More

The automatic stay order issued after filing of a Chapter 13 Bankruptcy can result in the domestic relations court refusing to enter an order as to division of property in the divorce case, because the marital property is part of the newly formed bankruptcy "estate." In most cases it... View More

You can register at www.pacer.gov for an ID that will enable you to get online access to this case. You can pull up the Debtor's Voluntary Petition and Matrix to see if you are actually named as a creditor. The Notice of Meeting of Creditors (if this is a Ch 7 or Ch 13 filing by the Debtor)... View More

your husband's bankruptcy case is a public record and can be searched via PACER. The cost is .8 / pg. A bankruptcy attorney with a PACER ID can check that for you in a matter of seconds.

Yes. All bankruptcy filings are maintained electronically nationwide through a company called PACER. Start by contacting your attorney who in most cases should be able to email you a copy of the document. If a paper copy is required, for cases closed before Court conversion to the PACER system,... View More

Yes. There is no requirement that you file a joint case. Basic contract law applies to whether you or both of you are liable for a debt. Issue is whether one or both of you signed the agreement which would establish liability. If you file a solo case, your spouse's earnings for... View More

If the judgment was recorded by the creditor in the county where you own real estate, prior to your filing your bankruptcy case, the judgment has to be avoided ("removed from the property") via an Order issued by the bankruptcy court. The Order cannot be issued unless documents are filed... View More

the income limits on ch 7 bankruptcy eligibility are determined under Official Bankruptcy Form 22(A). The law can be found under 11 USC 707. The higher number of qualified household members corresponds to a higher income threshold. The income threshold tracks quarterly IRS data for your... View More

yes. certain taxes that are generally more than 3 years old, if personal income taxes, can be discharged in ch 7. Unfortunately, the calculation of time varies under the particular circumstances of a case. It matters when the tax returns were filed and again, what type of taxes are due. Taxes... View More

File a basic answer in court asap. Do the best you can to meet the filing deadline. This will cause the court to schedule a preliminary hearing or " pretrial" about 30-45 days later depending on the court. Find out this court date asap and make sure you appear. You will at least delay... View More

You should consult with a bankruptcy attorney immediately. A debt settlement firm cannot help you in court. If the creditor gets a judgment against you they can sweep your bank accounts and garnish your wages. Start by calling Legal Helpers (Macey £ Aleman ) in Chicago and get a referral to one... View More

A "movant" is the individual or entity who/that files a motion

There is no standard answer to this question. Most loan officers and brokers I have spoken to generally say about two (2) years from discharge. You should get your credit reports about 30-60 days after discharge at www.annual credit report.com to make sure all debts are reported as discharged.... View More

Assuming your are talking about a car loan, the loan must be at least 910 days old for you to " cram " it down, which means paying only the current fair market value as secured and making the balance over and above that unsecured. A cram down should coincide with a plan that offers less... View More

I would be happy to discuss a Chapter 13 Bankruptcy filing with you if you are interested. This would stay (legall stop) the foreclosure sale and force the lender and the County tax auditor's office to accept a monthly payment on the past due amount(s) in a Chapter 13 Plan. You would have the... View More

You should get over to the Clerk of Courts where the judgment was issued ASAP and check the file (it's public record, they will give it to you to look at). Note whether you were served with a copy of the complaint at the correct address. Also, check to see whether the creditor has... View More

Your ex wife should be able to file a bankruptcy case and obtain a Discharge of this Debt. The lender's mortgage lien is not affected by her filing bankruptcy. Only her personal obligation to pay on the promissory note is extinguished legally by the bankruptcy discharge under 11 USC, Section... View More

for a basic Chapter 7 bankruptcy case filed in the Northern District of Ohio, the average fee is around $900.00 -1,100.00, plus the filing fee of $299.00. Some attorneys may discount their fee if they determine you have a very simple "no asset" case with minimal creditors. Cost,... View More