If he is found guilty of perjury on his bankruptcy forms would he be bound to the court orders of the civil suit? The contract for the sale of my house was drawn up the day before he filed for bankruptcy. He ignored a court order and refused to sign and ignored multiple orders prior to that one.... Read more »
First, you should consult an experienced bankruptcy attorney. This is a very complicated fact situation and how that interplays with the laws in your state and jurisdiction are important. A good lawyer should also review costs with you and give you experienced advice on likelihood of success,...Read more »
I am not an attorney in Florida but believe your recommended course of action is the same. First, if a company filed bankruptcy, it is public information and therefore accessible. That would be the easiest starting point to determine if the company has filed. Sometimes, companies say they...Read more »
Is curing a default when a mortgage is in pre-foreclosure by the due date in a notice of intention to foreclose letter sent by the creditor to the mortgage debtor in New Jersey using up the once every 18 month reinstatement privilege New Jersey offers the mortgage debtor? Basically what I’m... Read more »
Your question is a little hard to understand but let me try to answer what I think you are asking. First, under NJ foreclosure law, a mortgage company may not file a foreclosure complaint for at least 30 days after the Notice of Intent (NOI) is sent. So this gives you 30 days to cure before a...Read more »
If you filed Chapter 13 to avoid a liquidation of your assets in Chapter 7, filing a chapter 7 case now because you were not successful in your Chapter 13 case WILL NOT stop the Chapter 7 trustee from liquidating assets. When filing a Chapter 13 case due to liquidation issues, you must be aware...Read more »
The information you provide is very limited but if you did not wish to retain the timeshare, allowing it to be taken via a foreclosure process is not a problem. The issue that may come up is whether the management company will seek to recover any past due amounts on any lien or for maintenance....Read more »
If that's true, in reality it is counted as income that can pay creditors, which can exclude us from Ch 7 if the SSDI is too high. If that's incorrect or only partly true, can you please explain how SSDI is handled? Many thanks.
Yes, SSDI is not "income" for the purposes of the Chapter 7 means test. As for "Schedule I Income", we always list the social security income but note that pursuant to applicable federal law, social security income is exempt from attachment/payment to creditors pursuant to 42 U.S.C. § 407. The...Read more »
I am sorry but we do not search cases unless we are consulting or have been retained. Also, the information you are providing is insufficient. There may be many cases filed in the Newark vicinage on that date.
If you are a debtor, you can obtain this information by going to the Court...Read more »
First, you should consult with an attorney as questions of exemptions and assets often are very fact sensitive and can be complicated when it comes to all of a filing debtor's assets. Georgia, I believe, does not recognize the federal exemptions and therefore you would be limited to state law...Read more »
I am 3 years into chapter 13 with 2 years left. My base plan is $22,000 which I’ve paid $12,000 $10,000 left. This is for secured creditors. Question is if I was to receive an inheritance for $50,000 for example, would trustee take $10,000 only? I have many unsecured creditors so would they take... Read more »
This is an extremely complicated question and one that should be reviewed as soon as possible with an experienced attorney who practices in the jurisdiction in which your case was filed. There is no generic answer to the question but the more promptly you review this with an attorney, the better...Read more »
My Dad & I have a joint car loan accout, I went online to make payment & it said- Account in bankruptcy you can make payment if you choose but we aren't attempting to collect a Dept. -I have paid for this car sense 2016 & want to know what I need to do moving forward or will my can be taken should... Read more »
This probably means that either you or your father have filed for bankruptcy. When you say "joint" loan, that means that you both signed the original loan documents. If that is the case, you can still tender a payment to the car loan company by either calling or mailing in the check. Always...Read more »
My daughter had been staying with me and and hot into an argument with my boyfriend she called the police. She left, but after a few months she has had to come back. My boyfriend and landlord has said she's not welcome her and cannot come back since she called the police. Can he do 6
If you have a written lease, it can control how many people can live within the unit. If there is no written lease, it is possible that the landlord cannot seek to restrict your daughter. I cannot speak to whether your boyfriend can restrict this as it would not be typical for him to have any...Read more »
First, if a judgment was entered, there is an applicable rate of New Jersey Judgment interest. This does not typically apply to judgments out of the family court but the facts you present are not clear. As a junior lien holder, she has a right to seek to collect from any surplus funds being held...Read more »
I am not sure I understand this question to be able to provide an answer. In terms of foreclosure, if there is no timely answer to the complaint, a Plaintiff may move for "default". This typically addresses the issue of whether the Plaintiff has a right to foreclose. After that, there is an...Read more »
Leasing from Progressive, it cost $1300 total. I want to pay it off in 90 days. If I pay it off and then file for bankruptcy in 2-3 months will they look at the payments from a bank statement and take the property?
Not sure the "leasing" part is accurate. If you will own the laptop after it is paid off, it will be an asset and paying it prior to bankruptcy as a secured creditor (or lease) should not materially impact your case. You will have to disclose it. The issue would be that it was a "preference"....Read more »
The Bankruptcy Code only requires proof of income so depending on the location you are in, a payroll register which reflects your gross and net pay plus all deductions and information (i.e. pay date, pay period) should be sufficient proof of income. Be careful as this answer may be different...Read more »
First, this is a complicated enough issue that you should certainly review with an experienced bankruptcy attorney. With that said, it is not uncommon to see these issues. If the Court has entered an Order directing the Creditor to file a "corrected" claim and the creditor has not done so, you...Read more »
Do I have to get another attorney? I received a letter from the Trustee's Office that in order to receive a discharge I am required to complete a post petition financial management course and to contact my attorney. Mr. Adam Gantz/Gantz Associates has not responded to emails or phone calls. I... Read more »
Many of the Debtor Education/Financial Management course providers actually file the certificate with the Court on your behalf after you complete the course. You can usually find approved providers on the Court's website or at the website for the United States Trustee in your district. Should...Read more »
You don't provide a lot of information but generally yes. If there are no payments and you can protect the vehicle with your protections under Chapter 7. If there are payments and you continue to make them (or catch up through Chapter 13), yes also. The question does not provide enough...Read more »
I assume you filed a Chapter 7 in 2011. You cannot file another Chapter 7 within 8 years after the prior Chapter 7 and receive a discharge. So that would mean 2019 - 1 day after the "anniversary" of your prior Chapter 7 filing. The Bankruptcy Code allows you to file Chapter 7 without a...Read more »
This is an initial return filing of a joint bk petition. I know that each has to file their own tax return, as stated in Publication 908 page 3. It states that the estates are treated as two separate entities for tax purposes. But I am unsure of whether they each need their own EIN number to use... Read more »
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