I OWN MY VEHICLE BUT USED IT AS COLLATERAL FOR A LOAN. I WANT TO GET RID OF THE LOAN IN THE BANKRUPTCY BUT WOULD THAT MEAN I LOSE MY ONE AND ONLY VEHICLE AS WELL?
answered on Mar 27, 2024
When you use the car as security the lender ends up with an ownership interest in the car. If you file bankruptcy you can normally still pay the loan and keep the auto. There are no free cars or homes in bankruptcy. The only exception I know of is occassionally the lender forgets to file the... View More 
answered on Jan 25, 2024
The mortgage company normally pays the insurance during the foreclosure. I don't know if the insurance company is sending you the bill because you contracted for insurance or the insurance was forced placed and contracted for by the mortgage company. Either way, you normally are not liable for... View More
answered on Dec 31, 2023
The creditor with a lien on it can take it regardless of whether it is your only means of transportation. They have an ownership interest in it if they have a lien on it. Also, anyone who sues you and places a lien on property can take it, whether it is a tax lien, IRS lien, student loan, or... View More
The notice states they are acting on behalf of US Bank, who she has also never had any accounts with. They name my Dad first in the notice, but he passed away in 2011. What step should she take first?
answered on Aug 28, 2023
See an attorney immediately. After the home is sold at an auction you cannot get it back. It may be there is a loan out there he signed for. It may be identity theft. But you really need an appointment immediately. At the start of a case there are defenses you lose if you don't assert them... View More
I have two loans one tied to a cd and a credit card in business name.
answered on Jan 18, 2023
It should only affect you personally if you also guaranteed the debt. Most businesses are a separate entity just like a separate person. You are only liable for a debt to a creditor if you agreed to be liable for it. You can co-sign with your company or a person and be held liable.
answered on Mar 11, 2024
Your discharge is your final decree. Post discharge, you can do as you please. But getting back into debt destroys the work you did to get out of debt.
He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit
answered on Aug 29, 2022
Your brother seems to qualify for filing bankruptcy. He makes very little income. There may be a problem for him in that if he sold the restaurant, there should be maybe money left over or money to be accounted for. There is also a requirement to keep records. He could make a gross income of... View More
My fiance is making the payment for me and its not really effecting my budget and i am up to date and current on all my payment in my bankrupcy and the credit card. I really dont want to draw this to my lawyers attention. Will this cause my case to be dismissed
We filed together approx 2 years ago, prior to divorcing, and this if the first year we are having to turn in our tax returns, but I received a motion stating he had not done this. I do not know how to protect myself in this situation. He has a car with my name on it and I have a car with both... View More
answered on Jun 20, 2022
The bankruptcy case will be dismissed if the ex does not pay the tax refund. I fail to see why you would be in Chapter 13 unless you have a large income, a large amount of assets, student loans, or income taxes which you need to manage in Chapter 13.
You may want to be dismissed from the... View More
My wife’s father has called and threatened me physically. He has now done this for the second time now. Both my wife and my names are on the mortgage.
answered on Jun 20, 2022
If you are not feeling safe and he is threatening you, then you must prosecute the father as fully as possible. Get a restraining order if you need to. If she does not allow you to feel safe or threatens you, you need a divorce. This is no longer a healthy relationship; you are no longer... View More
answered on Apr 18, 2021
No the automatic stay does not protect you automatically from a lanlord eviction. However there is a section of the bankruptcy code that allows you to pay the rent you are behind on into the court and force the landlord to accept it. Then you can finish the remaining months of your lease. This... View More
answered on Apr 1, 2021
All the foreclosure files are at the county circuit court clerks office.
You check the progress on your case at the court clerk's office.
It is also available on line if you have access to courtnet.
The docket is normally published on the court website but there... View More
$132000. I have not maintained Insurance instead put in a ADT Security that call the fire dept if fire or theft. I have been late on some monthly payments. I have paid a total of $66000 so far. I am disabled. He is pursuing Foreclosure. What can I do??
answered on Mar 29, 2021
Putting in an adt system is not insurance. I am not looking at your contract but normally a lender or seller has the right to purchase the insurance and add it to your payments and the price of the home. If you don't purchase insurance a seller or mortgage company often will. The insurance... View More
If so does that mean she doesn’t have to pay me what the judge ordered her to pay and is there a way to stop her from not paying us and adding it to the bankruptcy when she files? We filed the case in small claims before she ever started to file for bankruptcy but now she’s saying her lawyer is... View More
answered on Sep 16, 2020
If she has filed bankruptcy you are barred from collection. Dont even think about it. However, the only way to properly check is to call the court clerk. Do not trust her to file. Clients often claim they filed or will file. She is only protected if she actually files the bankruptcy. The... View More
He hasn't been chipped. But he may have been registered by the breeder.
answered on Aug 26, 2020
Every Divorce case depends on the facts who paid for the dog, who owned the dog prior to the couple getting together and 100 other facts that can be brought up. Normally registering a dog is from the breeder to the purchaser. You can't just register the dog with the AKC without the breeder... View More
it to them?? and it says the letter needs to be "served" to the trustee and debtors counsel?? again, mail it?
answered on Aug 12, 2020
If a motion for relief from stay has been filed in your case your lawyer should file a response, not you. If you have no lawyer you have a limited time to file an objection or the mortgage company will go back to state court and sell the home. What commonly happens is the debtor fails to make... View More
The bankruptcy is for credit cards and medical bills only
answered on Jun 23, 2020
The answer is yes. Of course whether or not you are in a community property state or not also effects how much a trustee can do. Basically the trustee owns the excess equity in any Chapter 7 case. Filing the case gives that equity to the trustee at the moment of filing and it cannot be undone... View More
answered on Jun 23, 2020
Almost every lawyer gives a free initial consultation. However you get what you pay for. You can get a pro bono attorney but we can not work for free. We have to pay for the office and our student loans. If the attorney is learning how to file a bankruptcy by doing your case it probably wont... View More
I have been getting money taken out of my check for the a garnishment while I was working but thought Short term disability was exempt? It was for a old judgment.
answered on Jun 23, 2020
Generally no. Child support and some debts can reach into even social security retirement and disability. Normally judgment creditors cannot attach your disability. Once the check is cashed and placed into a checking account and co mingled with other funds it is completely attachable. So be... View More
I live in VA and have a Chase credit card and a Chase vehicle loan. If I default on my credit card, but remain up to date with my vehicle loan, can they repo the vehicle?
answered on Jun 23, 2020
This generally happens if there is a cross collateral clause in the contract where all the loans are secured by any other loan. These are most often found in credit union contracts. In bankruptcy you can redeem the vehicle and take it from the credit union by paying the fair market value of the... View More
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