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...).... View More 
answered on Jun 27, 2019
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... View 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.
answered on Jun 27, 2019
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.
There are complex rules... View More
I have heard you can file but not be discharged for x amount of years is this true? And if so does it keep creditors at bay.
answered on Jun 27, 2019
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.
answered on Jun 21, 2019
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... View 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?... View More
answered on Jun 21, 2019
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... View 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... View More
answered on Jun 21, 2019
You didn't mention the value of the car, but for the purposes of this answer I'm going to assume that it exceeds the exemption amount.
Transferring the title into your name doesn't resolve the issue, it simply changes the nature of the problem. If your husband files... View More
answered on Jun 7, 2019
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... View 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... View More
answered on May 21, 2019
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... View More
What am i suppose to do to keep the car if he files for bankruptcy?
answered on May 17, 2019
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.
Please note... View More
Daughter has power of attorney. She needs to recall two addresses and her mental capacity is making it incredibly difficult for her to remember them and state them in the hearing
answered on May 9, 2019
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... View More
In Colorado Aurora Arapahoe county
answered on Feb 21, 2019
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... View More
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