Get free answers to your legal questions from lawyers in your area.
the case is dismissed and I can refile adding some additional debt. Is this possible.
Thank You.
answered on May 24, 2022
Were the debts you are talking about adding, incurred prior to the filing of your chapter 13 case or were they incurred since the filing? Also, a chapter 13 case can be dismissed voluntarily, by filing a request with the Court. I suggest you talk with a bankruptcy attorney directly to discuss... View More 
In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... View More
answered on Apr 6, 2022
The responses from my colleagues have covered all the issues. Urge you to contact an attorney for a more detail discussion and analysis of your issues.
I make $20 an hour , I got behind on payments because I lost my job and I am in debt for $7000, all cards are in collection to debt agency charged off. One of them is suing me , I could settle that but I won't be able to settle all if any others come after me but may be able to pay monthly .... View More
answered on Mar 11, 2022
Filing bankruptcy requires analysis of more than just one issue. It is important to consult with an experienced bankruptcy attorney to fully understand the issues and options. It incluudes analyzing all debt, income, monthy expenses and assets that you have. Some attorneys offer a no charge... View More
I have the name of the loan company that issued the loan to this stranger that stole my identity. Can I file a lawsuit?
I live in Rosemead any lawyer near me
answered on Feb 24, 2022
My colleagues have provided thoughtful and pertinent advice. Good luck in resolving the issue.
I was contacted by a law firm representing US Bank. For a credit card that was open in 2005 and payments made on it until 2008. A balance of 5000 was never paid. I have no recollection of this. It has never been on my credit report. It could have been opened by my ex wife. We were going through a... View More
answered on Nov 5, 2021
You have been provided excellent responses from my colleagues. Attorney Greene has particularly addressed many of the issues. From the information provided, it appears that the Statute of Limitations has expired at this time for suing you but the creditor can still try to collect. For more... View More
I am part of the CWA Frontier CA. We do have a contract but I have a civil case against Frontier CA that all the actions within that Civil case are in the contract. Frontier has placed my case in the bankruptcy. I have been searching to have the dismissal of my inclusion. Any help is appreciated.
answered on Oct 22, 2021
I agree with my colleague - without further information, bankruptcy rules are very clear: all creditors must be included in a bankruptcy filing. You may want to consult with a bankruptcy attorney further to determine how your claim is being treated in the case. It is also important to read all... View More
answered on Sep 8, 2021
I agree with my colleague. It is important to consider your entire financial situation. Are there other debts that you have that may lead to another lawsuit? Also, there are important issues to address when reaching a settlement with a creditor depending on whether you are offering a lump sum... View More
My chapter 7 bankruptcy was granted discharge in may. I have a property that is under exemption/protected. I also had to turnover my 2020 tax refund. What does this letter mean?
answered on Aug 31, 2021
Apparently, assets were collected by your Chapter 7 Trustee, or property was sold in your case, Were you aware of this during the case? Usually when this occurs, professionals are hired to represent the Chapter 7 Trustee (such as a CPA, an attorney) who are entitled to receive payment of their... View More
I left California due to a bad relationship. I foolishly walked away from all responsibilities as I was extremely stressed and left 30k of outstanding debt. Car loans, cc, etc. Prior to this my credit was perfect! It was the biggest mistake of my life!!
It’s now been 3 or so years and I... View More
answered on Aug 17, 2021
In addition to consulting with a bankruptcy attorney, I suggest you get a copy of your credit report to see what is being reported and to identify the creditors. You will need this information whether you want to settle the debt or if you decide to file bankruptcy.
A tenant claiming civil code 1708.7 sent a notification requesting to terminate the current lease due to domestic violence. However, this is a commercial lease and not a residential one. And the tenant still has an unpaid balance pending. Is the tenant able to break the lease and not have to pay... View More
answered on Aug 16, 2021
I agree with Attorney Lloyd and recommend you consult with an attorney regarding the specifics you are rrequesting.
answered on Jul 6, 2021
I urge you to contact a couple bankruptcy attorneys in your area, including those you might find on this site. Many of us offer a no charge half hour consultation on the phone. You should be comfortable with the attorney you are talking with, that they have the knowledge to handle your case. I... View More
Igave her a check for $ 10,000 to cover rent and expenses for next 6 mos.
shes afraid to cash the check at her bank because shes afraid the court or creditors may discover it and stop the bankruptcy or worse
is there a way for her to cash the check or receive funds... View More
answered on Jun 25, 2021
My colleagues whom have responded, have done a great job in covering the issues. Take heed and I urge consultation with an experienced bankruptcy attorney.
answered on Jun 24, 2021
I suggest you contact a bankruptcy attorney - some of us offer a half hour no charge consultation - which might clarify what exactly is occurring with your claim. Do you mean that your claim was objected to by the Debtor? If litigation is required, it might be difficult to engage an attorney at... View More
Two friends of mine and I signed a year long lease. We agreed every month we’d split the bills for the apartment three ways. In March, they bailed on me and moved back to Mississippi. We will receive an invoice for the settlement agreement (~10K), but I don’t know who they’re sending it to.... View More
answered on Jun 23, 2021
Unfortunately, even though all of you are on the lease, the landlord can seek payment from any one of you. Since you all signed the settlement agreement, you are all responsible for payment. However, unless other language was included in the agreement, you are all joint and severally liable for... View More
Sent in claims paperwork and it was accepted and the asking of the funds was on the 25th to cover the prior court date asking amount.
answered on Jun 4, 2021
As stated by my colleague - insufficient or confusing information was provided does not allow for a meaningful response. Please resubmit with more details.
So my new mortgage is $640k . If my son formed a llc. My question is if he by chances get sued for a lease hold or food poisoning .. God forgive. Can landlord come after our house? How can I protect most of my interest of the house.
Dave
answered on Jun 3, 2021
Responses to your question by my colleagues have provided a good summary of the issues. The key is keep you and your son's assets and debts separate from one another. Be very careful and specific about this. You may want to talk with an attorney in your area for more details.
This is if both the defendant and attached business are named in the settlement. There would be a stipulation for entry of judgment attached to the settlement. The concern is the defendant defaulting and possibly filing bankruptcy prior to making payments.
answered on May 31, 2021
It depends on several factors including: type of bankruptcy filed, whether the individual or corporation filed bankruptcy; whether the settlement provided for some security on assets of the defendants;type of claim such as breach of contract or fraud, etc. I urge you to talk with an experienced... View More
I cosigned a car loan for a friend. He defaulted the car loan and the bank handed the loan to a collection agency. I had to declare bankruptcy which destroyed my once stellar credit score. As a result I'm strained financially and am still recovering my credit score. I am unable to get any... View More
answered on May 24, 2021
Unfortunately, doing a favor for a friend does not always benefit you - particularly where financial issues are concerned. Had you ended up paying for the loan, you may have had a claim against the co-signer friend for indemnification for having to pay the loan. Being unable to do that, a... View More
answered on May 18, 2021
Check with the clerk of the Court where your case was filed. Also the Local Bankruptcy Rules are available from the Court website (depending upon where you are located in California).
Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... View More
answered on Apr 18, 2021
If Bank of America actually filed a lawsuit which was served on you, you have a specific period of time during which you need to file an answer. If you do nothing, the Bank will get a judgment against you. Contacting creditors to attempt settlement or reasonable payments can be done - a creditor... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
