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... View More

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

Depends on what type of service. If it's a utility, like Xcel, they can require a deposit. If it's a cable provider or a gym, they don't have to let you open a new account. If I were representing the creditor, I'd probably advise against bringing up the old debt in the... View More

It sounds like you may need a Chapter 13, which you really shouldn't file without the assistance of an attorney because there are too many moving parts. Consult this site for information about finding "legal services providers in your area who may be able to assist you with your legal... View More

In some states, debts can be discharged even if they're not listed. I would check with a bankruptcy attorney in Utah to find out whether that's the case there. That said, simply sending a copy of your discharge order to creditors tends to make many of them back off, even if they weren't listed.

This is going to come down to the judge in your case. Some judges don't believe that they have the authority to approve a reaffirmation after your debts have been discharged. Ask your lawyer to find out whether this is the case before you spend the money to reopen (there's a court fee).

The bankruptcy trustee steps into the shoes of the Debtor. This means the trustee can sue you for the money. Whether or not he or she does so will depend on whether the Debtor discloses the claim, which he or she must, and whether the trustee thinks he or she could prevail in a suit against you.

I believe that this question stems from an earlier one about whether you should move money from your bank account to an IRA prior to filing bankruptcy. There is no question that funds held in an IRA are subject to both federal and state exemptions. My point was that the act of converting a... View More

No, you shouldn't make any moves like this without first consulting a local bankruptcy attorney. Pre-bankruptcy asset planning is tricky and shouldn't be done without a full understanding of the risks. Certain activities including moving money around can be avoided by the trustee and put... View More

In bankruptcy, you get to retain any assets which are covered by state and federal exemptions. The key to determining whether your home will be safe in bankruptcy is determining how much equity you have in your home (the home's value less any mortgages, liens, etc.) and how much equity your... View More

The relevant dates are the filing dates of your two cases. If your 13 was filled it least 4 years after your 7 was filed, you might be able to get a hardship discharge in the current case. If your 13 was filed within 4 years of the Ch. 7 filing, you won't get a discharge in this case.... View More

I'm sorry, your question it's a little vague so this might not be what you're asking. If you're a joint account holder on the card, your liability isn't discharged by your co-debtor's bankruptcy. This means that they can come after you if you stop paying.

I suspect that they want the credit card paid because it's showing an outstanding balance. Your father may want to consider figuring out which credit report is still showing the outstanding balance and file a dispute so the card shows as discharged in bankruptcy. Once the balance is resolved,... View More

I strongly suggest you speak with an experienced probate lawyer in your area. While you can pay the mortgage and get it caught up to avoid the foreclosure, the bigger issue is the question of how you get this home in your name. You'll have to administer your parents' estates to make this... View More

Please correct me if I've misunderstood, but in your question you indicated that you filed bankruptcy in 2008, but then refinanced the car in 2011. If the refinance took place after the bankruptcy, that's new debt which isn't included in the 2008 case. As such the creditors are... View More

A bankruptcy can be a useful tool in this situation. You could discharge the debt in a Chapter 7 bankruptcy and surrender the car. Alternatively, you might be able to get a redemption loan to pay off the vehicle through the bankruptcy for its fair market value. Talk to a local bankruptcy attorney... View More

There's no reason your spouse needs to file bankruptcy with you. Even if you were living together, you could file bankruptcy without him.

As to the question of whether you should file the bankruptcy before or after the divorce, opinions vary and you'll want to talk to a local... View More