Try legal aid or the bar association in the county where you live. Sometimes they provide you or direct you to someone who will provide you free services or low cost services. If you are filing a chapter 13, many attorneys will also accept your case for little money down.
Yes. If you are filing bankruptcy in the Fort Myers division of Florida, many of the cases in which assets were recovered are not completely administered for 18 months. It's not uncommon for the fees and expenses to be paid for several months after you file.
You will lose the home if you do not pay the mortgage. If you continue to pay the mortgage on the $50,000, you can claim the $110,000 of equity as exempt property in your bankruptcy and discharge the $30,000 in credit card debt provided you meet all the other qualifications for bankruptcy.
Most of your retirement assets are protected if you file bankruptcy. Be careful if you rollover IRAs and then file bankruptcy. The rules can get tricky there. Consult with a bankruptcy attorney before transfering the retirement.
The issue is whether you intended on committing fraud. The trustee and creditor will likely take the position that the reason you quit claimed the property was to avoid having the property sold to pay the creditor's debt. If there was money owed on the property and no equity in it, you could...Read more »
You should really hire an attorney for this. If you don't raise a defense, you will waive it later. I have had so many people come to me at the last minute asking me to take a case and I have to tell them that they waived all their defenses by not stating them earlier. If you can't...Read more »
It depends where you live as far as what the trustee will do. In the Fort Myers division of the Middle District of Florida, the trustees typically don't force the short sales because the properties are so far under water here.
If the case was filed a month ago, you should have received notice from the court by now. If you haven't received notice, use PACER as the other attorney suggested. You can also try the United States Trustee's Office, which oversees chapter 11 cases or you could try the bankruptcy...Read more »
The bankruptcy will save your home . . . temporarily. Filing bankruptcy will suspend collection activity temporarily, but the creditor can file a motion in the bankruptcy court to resume the foreclosure. If you do not have any income, you won't be able to make the mortgage payment. If you...Read more »
If you are filing in the Fort Myers division of Florida, you should wait until your modification is complete before filing a chapter 13 or else you will have to pay your mortgage payment and mortgage arrears through the chapter 13 plan. Of course, if the foreclosure is imminent, you might not have...Read more »
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