Yes, the filing of the bankruptcy will stop the garnishment and may even result of the sheriff returning any funds he has not turned over to the judgment creditor
This question was recently asked and I posted the following: Your question involves the application of binding vs non binding authority and primary vs secondary authority. The District Court will look at the other state case, if there is no prior case on with the same facts and rules applicable in... Read more »
Your question involves the application of binding vs non binding authority and primary vs secondary authority. The District Court will look at the other state case, if there is no prior case on with the same facts and rules applicable in their District. Attorneys raise such cases (from outside... Read more »
This is the lawyer that represents one of the credit unions that I had a loan through.
You absolutely should give notice to the attorney representing the Credit Union that is suing you
You should have previously been served with a Summins and Complaint and other documents. If you are going to try admnf work it out, call the lawyer. If you are objecting to the judgment, you file with the clerk of the court and copy the lawyer
Filed bankruptcy Sept 17. Eviction was filed Sept 23. Landlord waited 30 days with no contact til Oct 23. Threaten eviction. Never received eviction paperwork. Sheriff came out to evict. Provided half of rent owed to landlord. Still providing rent owed to landlord but landlord is still threaten to... Read more »
I believe that the Landlord would have to get permission from the Bankruptcy Court to proceed, otherwise it would be a violation of the automatic stay. Contact your lawyer as soon as possible
Initially said they wanted for unsecured credit cards. We said okay. Now they want it all. House was in discharge and has been foreclosed on.
If the claim was pending when you filed and did not exempt it out, then the trustee has a right to make a claim on it. As for how much, probably the amount of your debt, plus the Trustee's Counsel and Trustee's Commission. Talk to your lawyer
I was driving down a street heading to a intersection. I saw a parked car next to the stop sign that was at the intersection. So I went around the car to get to the stop sign and then I felt an impact the other driver said he was parked and then he might have started to drive he doesn't remember if... Read more »
39:4-138. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic or police officer or traffic sign or signal, no operator of a vehicle shall stand or park the vehicle in any of the following places:
a.Within an intersection;... Read more »
I have outstanding, very high credit card debts it is unlikely I can ever satisfy. Is bankruptcy the answer?
It is probably a good idea to consult with a practitioner in California where you live. Your information does not not give enough info to determine if you need to file a chapter 7 or chapter 13
I filed for Chapter 13 last year, but did not complete the petition. It was dismissed more than 365 days ago. But the filing was in 2018. If I file again, will the automatic stay apply? The last petition was dismissed in May 2018 and we would be filing again November 2019. I am planning to... Read more »
You can file a Motion to Extend the Stay pursuant to 11 USC 362(c)(2)(C), and show why the first one was dismissed and why this one should have the Stay and what is different. I strongly urge you to consult with Counsel as having the Stay in place is very important
I am 17, attend goshen high school, and am wanting to move out
two of my brothers are in probation for sexually assaulting my younger sisters
my stepmom has a criminal history and has had cps called on her 3 times
i have been physically, mentally, and verbally abused... Read more »
So why did you post this in Bankruptcy? Try reposting in Family Law
I have credit card debt under $15,000, disposable monthly income of $200, and a house that was given to me that appraises at $48,000 that I wish to keep. And I have no other assets of value over $1,000. What bankruptcy chapter should my attorney file? A chapter 7 or chapter 13?
You should file a chapter 13, but I do not think that your disposable monthly income is enough to payoff enough of the debt to keep the house
The court date was set before the bankruptcy (chapter 7 no-asset) case was closed and the debt in question was fully discharged. The lawsuit is for credit card debt which was sold to a debt collector (the plaintiff). Is there a way I can, without leaving myself vulnerable, avoid having to spend... Read more »
Just provide a copy of the Discharge to Counsel for the Credit Card Company and t a copy of the Petition showing it was listed, and also provide same to the Court.
If you do not appear, they will get a default judgement against you. You might want to consider bankruptcy to avoid the loan, depending on your personal assets and other liabilities
Yes, they can foreclose on the Property, but they may not get a judgment against you personally (unless you Reafffirmed) and may not get a deficiency judgment against you
He owes $50 in back child support and maintenance to me for not paying for over a year and losing/quitting jobs several times and not paying. He is currently still be garnished for child support/maintenance. Can he discharge the child support/maintenance that is in arrears? Do I need to do... Read more »
No he can not but you should get an order of nondischargeability. You may have to file an adversary complaint to get same. Please speak with competent bankruptcy counsel in your area
The two lawyers who already responded are both correct, but you could also call your attorney if you have one, or look on any notice from the Court and your case number will be on it
I was trying to avoid 2 points for the speed ticket that was $85. They reduced it to unsafe driving I pleaded guilty for. I ended up paying $439 that included a $250 surcharge. I don’t have any points in the prior 3 years and no ticket. Can the court/prosecutor do this? Just trying to see if I... Read more »
You pled to a no point violation, but it does include the 250 surcharge. If you appeal, you will.wind up with the points.
Depends on the attorney, the level of experience and complexity of your case, but figure anywhere from 2,000-4,000 + Filing fees and other costs.
I had the absolute worst lawyer file my bankruptcy and overcharge me considerably. I don't know why she is so interested in my personal life but I did mention to her how severely discriminated I was at my last job. I thought about suing my previous employer but decided to let it go and... Read more »
The attorney must be sure the Petition is correct and if you left it off, then technically it is perjury. The Attorney could get employed by the Trustee if the Trustee wants him or her to be, so she could get an additional fee.
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