It was discharged December 2020 however I pulled his petition and he lied regarding his income. He failed to list his live-in girlfriend and her income towards household bills and he also claims our son lives with him when he signed over his rights for visitation a year ago. Has seen our son 8... Read more »
You have received good responses. You need to focus on what your goal is and what choices you have right now and how those choices may impact you. Talking with your divorce attorney should be the first step in determining whether the bankruptcy impacts your divorce in anyway as to community debt...Read more »
Applications including two co-applicants who have applied for my rental property have filed for BK chap-7. Two of the applicant's BK is in Discharge status (2018) but the third one's BK (Oct 2020) is in filed status. Should I rent my property for them? What are the pros and cons? Would my... Read more »
You have received good responses from my colleagues. There may be more factors that should be discussed before proceeding - I urge you to consult directly with a bankruptcy attorney who can cover all the specific issues with you before proceeding. There may be some things that need to be...Read more »
The vehicle can be repossessed anytime after entry of the order granting the motion. I suggest you contact attorney that filed the motion and arrange a time for repossession. Be sure to remove your personal items from the vehicle. After repossession and sale, you may receive a letter regarding...Read more »
No specific question posed. However, once the Motion for Relief is granted and an order entered, it provides the creditor the ability to repossess the vehicle. You should have received a copy of the Motion that was filed and will receive a copy of the order from the Court. Unless you have the...Read more »
I agree with my colleagues - I do not recommend attempting a chapter 13 without assistance from an experienced chapter 13 bankruptcy attorney. There is much to consider and analyze. Consult and get the information you need.
Good responses have already been provided to you. I urge you to talk with your bankruptcy attorney - if you didn't file with an attorney, then seek a consult with a bankruptcy attorney near you to discuss all related issues.
but didn't include it on my chapter 7 (this debt was about a year before filing). 13 years later i get a letter from a german collection agency adding 1000's in fees and they continue to do this. being a us citizen living in california can i disregard this?
I agree with my colleagues. Provide filing date of case, case number and date of entry of discharge. If the debt was incurred prior to the bk filing, it is considered discharged under most circumstances. Continue to monitor it. If necessary consult with a bankruptcy attorney for further...Read more »
I am about to file bankruptcy Chapter 7 in California. My debt exceeded 180.000$ and I have no assets and income coming in. But I still have 60.000$ in Crypto currency. My lawyer will be able to protect 35000$ for me. I have a few personal loans that I would like to pay off, its 2 people and total... Read more »
Apparently you have an attorney. I urge you to rely on your attorney to respond to the questions you posted. If the attorney cannot address the issues, or is uncertain about what the issues are, perhaps you need to find another attorney. The potential payoff of debt prior to filing, which must...Read more »
There may be a public law center that can assist you. Do not go to a paralegal service - they cannot provide legal advice. Check with the bar association or search on this site for an attorney in your area to assist you. Good luck.
The notice sent by the court that the Chapter 7 was filed goes to all creditors entitled "Notice of Chapter 7 Bankruptcy Case." If the creditor received that notice, review it. Usually, Chapter 7 cases result in no distribution to creditors so the initial notice has a notation on the...Read more »
Debtor did not list me as a creditor, so I got no notice. He let me proceed with lawsuit confirming my arbitration award against him until I won. I served him with notices and documents and still neither he nor his attorney told me about bankruptcy. 5 days after I obtained judgment and noticed... Read more »
Timely claims of general (unsecured) créditos totaling $35,118 have been allowed and will be paid pro rats only after all allowed administrative and priority claims have been paid in full. Does this mean I have to pay that or they telling me they will pay it or they paid it??
Plan payments you make to the Trustee are the funds used to pay allowed creditors and administrative expenses of the case that are incurred by the Trustee. It is important to review the documents sent to you by the Trustee to make sure the creditor list is accurate. If you do not have an...Read more »
Is a divorce pending? Will you be entering into some type of property division agreement? If so, and she releases her interest in the property, you may want to consider selling the property. If there is no equity in the property (is that what you mean by "there is no gain"?) - a short...Read more »
The answers already provided give you the information you need. Understand that the Trustee will do his own review of the property via a broker to ascertain the current fair market value. Usually, consideration is given to hypothetical costs of sale in determining if there is sufficient excess...Read more »
Without more information about other debt that you have and financial information about your income and monthly expenses, filing bankruptcy solely because of the timeshare issue may not be the best action for you. I urge you to locate a bankruptcy attorney in your area for analysis to assist you...Read more »
From your question, it sounds like you are looking to file a chapter 7 bankruptcy to get a fresh start. Unfortunately, property taxes are secured on the property that you own. Even if you were to file chapter 7, the lien from the taxes would remain on the property. To retain the property, you...Read more »
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