I filed for chapter 7 in June 2019. Would have been sooner but elderly lawyer took 9 months to file a very simple chapter 7. Two months later, my chapter 7 was discharged & my mother unexpectedly died in a heap of trash & dead animals in her house & left me money. I am still traumatized... Read more »
There aren't a lot of good options here, but if your mother had estate planning documents like a will or a trust, they should be examined by an experienced bankruptcy attorney to see whether they contain language which might shelter some or all of the inheritance (a spendthrift provision).
Are medical debts dischargeable in a Chapter 7 if they are only under the filing party's name? If the filing party is married, will the non-filing spouse be held liable for a spouse's medical debts in a Chapter 7? (In Colorado)
I have seen an order dismissing a case where a spouse was sued under the family purpose doctrine for medical debt. However, I also recall that there's a state court judge who has held that a spouse can be liable for medical debts. There's not a lot of case law either way, so you should... Read more »
You need to consult with an attorney for an in-depth answer because there are several different exemptions which might apply. That said, here is part of a decision in a Colorado bankruptcy case (Case:17-13786-JGR Doc#:35) which sets out some of the relevant law:
C.R.S. § 38-41-201.6 was... Read more »
She owns the house and doesn't live here, and I pay her rent monthly out of my bank account and have been paying her back rent too.
It would be best to list it as an executory contract. When in doubt, disclose. She'll get notice about the bankrutpcy, so you might want to give her a heads up if she doesn't already know. As long as you're only making normal monthly rent payments and you haven't made any... Read more »
While they don't have to, bankruptcy trustees have been leaving stimulus money alone.
If you file before any bill passes providing for a second round of stimulus, that money would not be part of the bankruptcy estate.
Additionally, the CO legislature is working on a bill to... Read more »
While Trustees have been strongly encouraged to leave it alone, there is nothing that prevents the trustee from taking the stimulus money from you if you still have it at the time the case is filed. You should spend the money on living expenses or paying your attorney's fees and keep receipts.
While Trustees have been strongly encouraged to leave it alone, there is nothing that prevents the trustee from taking the stimulus money from you if you still have it at the time the case is filed. You should spend the money on living expenses or paying your attorney's fees and keep receipts.
My Ex took $1000 that did not belong to her. She claims the taking was in error. She wrote a check to repay the $1000 which bounced due to NSF. She told me she was stopping payment on the check and filing bankruptcy. She demanded I return the check to her. I refused unless she signed a payment... Read more »
You may not have violated the stay, depending on whether you were listed as a creditor in the bankruptcy and what sort of notice went out. However, the money you received was part of the bankruptcy estate if the check cleared after the case was filed, and it is plausible that the bankruptcy trustee... Read more »
Dismissed due to multiple missed payments. Lawyers were paid off top, 1st year over 5,000. Where is my money? All of the creditors claim they never received any money. is the money held at the trustee office until completion, then distributed to each creditor?
If your bankruptcy trustee uses their system, you can get details about how the funds in your case were disbursed by logging into https://www.ndc.org/home. Because debts are paid in a specific order, some of your creditors may not have received any money because higher priority creditors get paid... Read more »
Liable was done with Malice and attempt to cause harm
I can't speak to the exact procedure in Oregon, but it's probably done by bringing an adversary proceeding to have the debt determined to be nondischargeable. You'll need an attorney for this.
I do not want him involved in the bankruptcy
Yes, you can file your own bankruptcy without your spouse. However, if you're living in the same household the court is going to be interested in his income to determine whether you qualify for Chapter 7.
You should also be aware that in many states, spouses can be held responsible for... Read more »
Someone owes me money and I won a default judgement and just filed for garnishment. I received notice that they are filling for Chapter 7. The email from the her lawyer said I had to contact her employer to remove the garnishment. Do I need to do this, or should they do this? Honestly, I... Read more »
Stop the garnishment and then consult with a local creditors attorney to find out whether the debt is actually dischargeable in bankruptcy. If not, the attorney can let you know whether it's worth the time, effort, and money to pursue the issue further through the bankruptcy court.
I filed Chapter 7 bankruptcy. I completed everything that was needed to do so. Somewhere along the lines I got confused and sent my second course completed paperwork to my trustee instead of the courts. The courts discharged my filing. I got told that I have to resubmit. I do not have the money... Read more »
Check with your local legal aid office about filing a motion to reopen your case so that you can file the certificate. This way you don't need to start over and have two different bankruptcy cases on your credit report. They can also help you with an application for a fee waiver.
My lawsuit hasn't been settled yet.
If you had a claim against a third party on the day the case was filed, that is an asset which is probably property of the bankruptcy estate. This means that the lawsuit isn't yours to settle. Your attorney in the suit will need to coordinate with the trustee to settle the claim. Part of the... Read more »
We have the letter - from the Trustee: Chapter 7 Trustee's Report of No Distribution. Our Attorney states this is enough. Attorney is in car accident and on 3-week medical leave. Title company says the letter isn't enough but no real good explanation as to why. Maybe it's because... Read more »
Title companies often screw up bankruptcy questions, but I think they're right here. Until the case is closed, the home remains property of the bankruptcy estate and isn't yours to sell. The Trustee's Report of No Distribution doesn't affect this. Maybe there's a different... Read more »
Sorry for all the abbreviations above. I tried to get in the essentials as I am not sure if you see this part. I am in LA. & have a 403b worth apx 1OK. I have a loan against it for 1/2 value (5K). I am filing chap7 pro se. It IS a protected asset, but I am not sure about the loan AGAINST it.... Read more »
Your retirement loan isn't a debt that you would list in the bankruptcy, because it's money you owe yourself. The consequence of not paying it is that it can be treated as a taxable retirement disbursement.
I presume this is a continuation of a question about a car accident settlement. The answer is the same - you need to amend your petitions and schedules and inform the trustee about the claim. The situation is somewhat better if you haven't settled yet, because the trustee still has a chance to... Read more »
Will the bankruptcy affect my settlement?
If the car accident took place before the bankruptcy, your claim became part of the bankruptcy estate and it technically wasn't yours to settle. If you have a bankruptcy attorney, you should bring this up with him or her. If you don't, you should definitely get one right away because... Read more »
Hello, i was wondering if I could file chapter 7 in the state of Georgia as an independent or single person family household income separate from my family. I am 27, living at home, I do pay for all my own bills and make under the medium household income in the State of GA, which is around 40k and... Read more »
There are multiple interpretations of what constitutes a "household" for means testing purposes. Some judges will simply count how many people are living in the domicile, others will just look at your dependants, while others will try and figure out who's part of your "financial... Read more »
You'll need to talk to your attorney (or get one if you don't already have one. In many jurisdictions, but not necessarily MI, the first step would be to bifurcate (split in two) your chapter 13 case. Then you and your wife have separate cases. At that point, your attorney can seek to... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
