LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with the previous... Read more »
Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord? Are you...Read more »
I suggest you use this site to locate a bankruptcy attorney in your area to consult regarding your options. Many of us offer a half hour no charge consultation. You may not need a bankruptcy, but that is where I suggest you start - since an attorney with that experience may be able to evaluate...Read more »
I am hoping the truth is on my side and I will win but it's never guaranteed. The amt sued would wipe out my co. And I wouldn't be able to pay without selling. Can I file chap 11 if I lose and judgement against me. Or do I file before trial to end the lawsuit. Please guide me since trial is set for... Read more »
I urge you to talk with a bankruptcy attorney experienced with chapter 11 cases. Chapter 11 is a reorganization for the debtor filing, in this situation, your company. An must be done to determine whether the company can reorganize and repay creditors some amount of the debt that is owed. Filing...Read more »
Our million dollar estate was distributed while it is still in the bankruptcy trustees control and I do not believe a relief of stay was granted to distribute the estate. In any case I was awarded one of the homes while my X got everything else . My home is encumbered 100% and is to be sold since... Read more »
Your question presents a very complicated case and issues; I believe, much more than can be responded to in this forum. I urge you to contact an experienced bankruptcy attorney in your area to arrange a consultation to go over in detail what has occurred and what your options might be.
Attorneys fees can be included in the plan so that the attorney is paid as part of the distribution from your plan payments. If you had paid $2300 in advance to the attorney, that should have been deducted from the full amount of the fee, thereby reducing the amount in the plan. Did your attorney...Read more »
If this was a condition of plan confirmation and is in the order confirming your plan, then if you don't comply with a term of the plan, the case could be dismissed or converted to chapter 7. You should really communicate with your attorney. If you did not have an attorney representing you, I...Read more »
I am in Central District of CA and chapter 13 Trustee's require that the first plan payment (usually by cashier's check) must be brought to the Section 341(a) meeting with the Trustee. Which may be similar requirement for your location. Thereafter, plan payments (once the plan has been confirmed...Read more »
If you are asking whether she is protected by the automatic stay that goes into effect when a bankruptcy is filed, from the creditor seeking payment from her - it depends. You indicate she isn't a signer - do you mean she is not on the loan? If she didn't sign the loan as a co-borrower, and...Read more »
You cannot borrow money while in a chapter 13 without court approval. I suggest you meet with your attorney to discuss the possibility of modification to your plan since you apparently are not handling your finances based upon the monthly budget you created two years ago when the case was filed....Read more »
My friend was sued, paid $10,000.,got an attorney who then passed the case over to another attorney friend, who told my friend she needed to file Chapter 11 bankruptcy and ask for $35,000. retainer. My friend didn't want bankruptcy, has no corporation, but has assets in real estate. June 11,2019... Read more »
Your friend needs to consult with another bankruptcy attorney immediately. Too many issues to address on this forum. Many of us on this site might be a place for your friend to start seeking assistance.
Not sure what information you are requesting. Ana analysis of your income and monthly expenses as well as assets must be done to provide options for you for dealing with the debt. In terms of bankruptcy, it may be a chapter 7 or chapter 13 payment arrangement. Not all taxes are dischargeable so...Read more »
I am in an odd situation in which I live in both NH and CA and could claim residency at both. I would like to file BK for student loan discharge ( 93K) due to economic hardship. ( I support both CA and NH household).
I am worried that if I file in NH , I may not pass the brunner test due... Read more »
I agree with my colleagues and also advise that you actually consult with a bankruptcy attorney so an analysis can be done for you. It is very difficult to discharge student loans and even though you may think you can file in either state, that too needs to be properly analyzed.
I urge you to seek assistance from a bankruptcy attorney that can assist you in determining your best options for resolving this issue, and whether you have the ability to recover the already repossessed vehicle.
I am unclear as to what you are considering and why. Personal chapter 7 or corporate? Both represent issues that can only be addressed with more information from you. I urge you to contact a bankruptcy attorney to discuss these options and issues. Several of us offer a no charge consultation...Read more »
My colleagues have been very helpful and have provided a good overview of the information usually required by a Trustee. I urge you to seek assistance and more advice by consulting with an experienced bankruptcy attorney in San Diego.
We now live in Iowa how do I convert to a chapter 7 Some of the remaining $8000 owed in my plan is to my attorney which is a bit awkward what are my options. Would I have to fly to California to attend the meeting of creditors or can it be done remotely given the expense to travel
A chapter 13 case can be converted to chapter 7 at any time. It is a fairly simple form. I recommend you talk with your attorney or if he will not assist you because you owe him money, you will likely need to find another attorney to advise you about the conversion and have your attorney...Read more »
As my colleagues have indicated, the option of bankruptcy requires a discussion with an experienced bankruptcy attorney to analyze your assets, income and debt to determine whether bankruptcy is your best option. For an individual, either chapter 7 (providing discharge of debt) or a chapter 13 (a...Read more »
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