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, the...Read more »
that could potentially affect my credit. Both parents died in 2017 with NO wills. They both have massive amounts of medical debt and there is a mortgage on the home. I'd prefer not to move from the home and am named as an heir by the mortgage company (and named resident) and am contemplating... Read 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 happen,...Read more »
My lawyer was supposed to remove my car off of it. I refinanced car right after bankruptcy. In 2011 I got beside on payments. Then the bank comes back and said I filed bankruptcy on it so I gave it back to them. A few months ago the sent me a letter saying they... Read 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 within their rights...Read 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...Read more »
I am still legally married. We have lived separately for well over 4 years. I would like to file bankruptcy. I've been told that in order to do so that we both would have to file. He doesn't want to. I need an idea of where to start. Should I start the divorce first or is there a way to do the... Read more »
All our finances/debt are separate and the home loan is solely in her name (I'm only on the deed of trust). I have a large amount of debt that I can't pay on my own and can't barely manage with both our incomes. All un-secured debt (no car loans, installment loans, etc...). Wanting to know if... Read more »
A full answer is beyond the scope of a forum such as this, but the underlying concern is whether there's any non-exempt equity in the home for the bankruptcy trustee to pursue. Florida has a very generous homestead exemption that, should it apply, would likely fully protect the home. I suspect that...Read more »
I own home that turned into a rental 3 years ago but reside in CA. Need to understand TN rules for what the bank can do when the Chap 13 is filed. I heard some states the bank can request the full value of the home in the filings.
When you file a Chapter 13 bankruptcy, you get to keep your assets and pay your debts to the best of your ability. Bankruptcy exemptions shelter the value of much of your property, but your creditors have the right to get paid the value of your non-exempt property.
You can't file a Chapter 7 however, you can file a Chapter 13. This will be a glorified repayment plan because you're not eligible for a discharge unless 4 years have passed between the filing of the 7 and the 13, but it will keep your creditors off your back.
While you can file a Chapter 13 immediately after a Chapter 7, you're not eligible for a discharge of debts unless 4 years have passed between the filing of the 7 and the filing of the 13. A 13 filed within 4 years of a 7 would simply provide for the repayment of debts without a discharge of the...Read more »
I filed a chapter 7 on 5/03 and received a standard discharge on 10/03. Then I filed a chapter 13 on 2/04 and it was dismissed on 7/04. filed another 13, 8/04 and it was dismissed 2/05. I didn't really file the two chapter 13 but it shows I did but I know who did. My question is this possible?... Read more »
While you can file a Chapter 13 immediately after a Chapter 7, you're not eligible for a discharge of debts unless 4 years have passed between filings. Because the two Chapter 13 cases were dismissed, they're not especially relevant from as legal standpoint. However, if you file multiple cases a...Read more »
My ex husband & I (divorced since 2016) agreed to buy our 16 year old daughter a vehicle last year. I was unable to qualify for the loan due to my credit so we used his credit, therefore the loan/title went in his name but I have personally made ALL payments including the down payment. The loan is... Read more »
In a Chapter 7, you retain all of your address which are covered under a broad list of bankruptcy exemptions. These exemptions vary from state to state but generally cover, to varying degrees, household goods, motor vehicle, equity in your home, retirement accounts, etc. This is why hiring an...Read more »
Began Chpt 13 bankruptcy payments nearly a year ago. Subsequently, the VA awarded me 80% disability payments retroactive to before I filed bankruptcy. I'm 74. I posted this question before, and the two lawyers that responded said this income could not be claimed by the trustee to satisfy creditors... Read more »
Sometimes the law is messy and there's no clear answer. While VA Disability is protected under federal and state law, it's not excluded from income for means testing purposes and a Chapter 13 requires that you pay into the plan all of your disposable income. So there's a conflict there that needs...Read more »
It depends on the lender, but in most cases as long as you continue making payment as required you'll be okay to keep the car. If the lender is Ford, they will probably demand that your cosigner reaffirm the debt. That person would need to talk to their lawyer about that.
I agree that many trustees will allow a party with a valid financial power of attorney to appear with and answer questions on behalf of the Debtor. You'll want to check with the Trustee first though, as they don't like to be surprised at the 341 Meeting. My practice is to provide the Trustee a copy...Read more »
Most bankruptcy attorneys in Colorado, myself included, will allow you to pay your attorney's fees for a Chapter 7 in installments prior to the time your case is filed. The reason your attorney's fees need to be paid before your Ch. 7 is filed is because the unpaid portion of the fees would be...Read more »
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