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
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.
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
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
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.
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
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
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
$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??
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
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
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
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 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
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
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
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
Yes with court approval for most transfers. Whether she can transfer depends on how much equity she has in the property. If the property would not have given creditors any meaningful distribution in a Chapter 7 the judge may allow it.
However. if there is substantial equity for the...View More
Almost every lawyer gives a free initial consultation. However you get what you pay for. You can get a pro-bono attorney if you have little or no income. But be realistic 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...View More
No! In the bankruptcy petition the Debtor should have announced his option to pay the lease and accept it or reject it. If this is a lease and the bankruptcy was filed during an eviction proceeding the debtor may deposit any overdue funds with the court and accept the lease but immediately cure...View More
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