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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »
answered on Jun 23, 2020
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... Read more »
I live in Winnfield, LA 71483, need an bankruptcy Attorney in the Alexandria, Louisiana area that can maybe help me with this. Could you maybe help steer me in the right direction??
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 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... Read more »
answered on Apr 30, 2020
In Kentucky since you own the LLC solely it is solely your asset. A Trustee may be able to sell assets of the LLC. If the LLC had other members this is generally not possible for the Trustee.
In the agreement, they suppose to deed me 8 acres of land once the final bond phase is up. They are currently going through the bankrupt.
answered on Apr 9, 2020
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... Read more »
The CARES act seems to be very clear that the Stimulus money cannot be used as "income" when FILING bankruptcy or when CONFIRMING the chapter 13 plan. The language isn't quite as clear for people currently in a confirmed Chapter 13 plan. Will I be able to keep the stimulus money or... Read more »
answered on Apr 6, 2020
The debtor has a duty to use his best efforts to repay. However everything we have heard indicates that you will not have to turn this over.
It taken off. Well she went through district court instead of bankruptcy court. I have sold my place. Is this legal?
answered on Mar 5, 2020
District court is not bankruptcy court. Bankruptcy court is in the federal courthouse not the state district court.
Bankruptcy is in Bankruptcy court. If you discharged your bankruptcy I don't understand why you are in district court. I dont have enough facts and you dont explain... Read more »
answered on Nov 1, 2019
Yes, we file bankruptcy for just one spouse all the time. The means test does use the income for both spouses to determine whether a Chapter 13 or 7 should be filed but most of the time just one spouse can file.
Does this mean garnishment?
answered on Oct 10, 2018
No this does not mean garnishment. However it is one step towards garnishment. Normally a creditor will attempt to attach any home you have, any bank account you have and your wages within days or weeks after they get the judgment. You have a very short time after the judgment is issued to... Read more »
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