My husband passed away in September 2022 and he has a Whole Life Insurance Policy with NYL (of which I am the sole beneficiary) that has a collateral assignment on an SBA Loan from a business we closed and filed bankruptcy on in November 2017. My husband and I filed a corporate Chapter 13... Read more »
answered on Mar 10, 2023
No, it's a secured claim, they did not need to file a proof of claim, and it is not discharged in the bankruptcy. You should speak to an attorney (bankruptcy or debt relief) to determine whether perhaps the security interest was not properly perfected.
After consultation with a bankruptcy attorney, he suggested I file a Motion to Dismiss related to my ex's Chapter 13 filing. My main argument is that he omitted currently paying for multiple attorneys. This is important because he has not reimbursed me for child-related expenses due under our... Read more »
answered on Mar 2, 2023
If he is required to pay for your attorney by a matrimonial order, this would be a domestic support obligation (DSO), which is not dischargeable in bankruptcy (meaning whatever is not paid through the bankruptcy, he would still owe the balance). Ex remains liable for the DSO regardless of whether... Read more »
After consultation with a bankruptcy attorney, he suggested I file a Motion to Dismiss related to my ex's Chapter 13 filing. I am wondering if there are limitations on what exhibits I can file publicly? For instance, I was going to provide his employer's offer letter outlining his bonus... Read more »
answered on Mar 2, 2023
Yes, certain information (personally identifiable information) needs to be redacted. See Federal Rule 5.2, a copy available here: https://www.law.cornell.edu/rules/frcp/rule_5.2 (this might not be the most updated version of the rule).
More importantly though, what is it you seek to... Read more »
i do not have 100% going to unsecured debt most of this goes to student loans. do i have any recourse to keep my refund? thank you. if i do not get an exemption, how will they collect the return? wage garnishment? thank you.
answered on Mar 1, 2023
There's no medical exception. The exemptions are statutory and you might be able to exempt your return, or perhaps part of it. The federal exemptions provide $13,950 as a wildcard exemption, you can use it for anything. But it depends what other assets you might have that you need to exempt.... Read more »
I believe someone has filed a bankruptcy in my name. It came up a few times on a few different background check sites. I’m in California.
answered on Feb 28, 2023
Go to pacer.uscourts.gov, create an account, and perform a search. Background check websites might just be picking up the name as affiliated with bankruptcy, or another person with the same name. Go to the official government website, Pacer, and search to find out. There may be other people with... Read more »
I owe 2 invoices to a company which declared chapter 11 bankruptcy after the invoice date and now they have stopped responding to my message. The only information I have is that I am listed as one of the creditors. How do I file a proof of claim? I am an overseas independent contrator and not in... Read more »
answered on Feb 13, 2023
This depends on the chapter 11 case. If it is a larger case, there might be a claims agent with a website available for filing claims. If not you can also file a claim directly with the bankruptcy court, either by mailing a proof of claim form (form template available here:... Read more »
My car payment is behind and they are talking about repossession i also have defaulted on my credit cards and other debt, I am seeking legal advice on what to do.
answered on Jan 9, 2023
It's important to note that legal advice cannot be provided on this forum. This is informational only.
The car loan is a secured debt (in the amount of the value of the car), and is not dischargeable in bankruptcy. Bankruptcy might help if you owe a lot more than the value of the car... Read more »
I have our house in a revocable trust and need to transfer (or amend) to protect the assets from litigation/bankruptcy.
answered on Jan 4, 2023
An irrevocable trust would better protect the asset (generally), but there are ways to still get to the asset if it's shown to be a fraudulent transfer. You can't just hide your assets from creditors, and transferring the asset to an irrevocable trust on the eve of bankruptcy (or pending... Read more »
hypothetically a close relative needs to file bankruptcy but I assume she will loose the home in the process so I will take over home and loan then rent it to them theory. The home mortgage is currently and no payments missed
answered on Dec 22, 2022
She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.
Re you taking over, that is something you would need to request... Read more »
A licensed contractor was hired to paint my house. They demolished parts, caused many expensive damages, then abandoned job. State Licensing Board investigated, agreed of damage & license was revoked. Contractor hid to not pay. I filed a claim with their insurance with 3 estimates of each... Read more »
answered on Dec 20, 2022
Whether the insurer is obligated to pay out on your claims depends on the terms of the insurance policy, but the bankruptcy itself should not affect that.
You need to retain an attorney if you don't have one (an attorney to proceed against the insurer can probably also deal with the... Read more »
I have 44,000 in equity for my home, I am still paying mortgage, completed reaffirmation agreement that lender sent. The allowed exemption was 27,900. I have the same issue with my car, I do not own, however there is 7,000.00 in equity, the trustee states I only can exempt 1475.00. I am up to date... Read more »
answered on Nov 29, 2022
It doesn't mean anything if no one objected. Most creditors don't, but the Trustee may do so for the benefit of all creditors. If you have exceeded your exemptions, amending your schedules won't make any difference (it is a question of fact, not just about what you assert on your... Read more »
They charged for work never done, and caused damage. Was preliminary notice needed? Can they force sell my home?
answered on Nov 17, 2022
The mechanic's lien is a secured claim, secured against the property on which work was done. That doesnt go away just by virtue of the bankruptcy filing. You can file an adversary in the bankruptcy case though to get rid of it, if you believe it is based on fraudulent charges. Also, you want... Read more »
My husband passed away recently from cancer. Because of the expenses, we are in dire straights financially and I will probably have to file for bankruptcy while I try to determine what to do. I need to keep my house long enough to be able to sell it and get the equity+ out of it. The house is... Read more »
answered on Nov 9, 2022
Any equity you have in that house (above your exemption) would belong to the bankruptcy estate if you file bankruptcy. Meaning, the Trustee might sell it to take that money to pay your creditors. You may have enough of an exemption to protect that equity, but what is available to you will depend.... Read more »
I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... Read more »
answered on Oct 20, 2022
Once you accumulate a certain amount of money, they will negotiate with your creditors to accept that amount in full resolution of the debt. However, in the meantime, you will be in arrears (not paying), which will affect your credit. Obviously, the debt resolution company keeps a portion of that... Read more »
We had them installed 3 (ish) years ago, we pay a finance company, not them. I do believe part of what we paid for is a support contact. Do I need to do anything.
answered on Oct 19, 2022
Chapter 7 bankruptcy means they are no longer operating, so they wouldn't continue providing any services. If there are any funds in the estate available for creditors, you'll want to file a claim for this loss - value of the service contract and perhaps a warranty. There may be no money... Read more »
I am a 75 y/o senior who filed emergency Chapter 7 bankruptcy Pro Se on 8/10/22 in Williamson County, TN, to stop a foreclosure sale. I have not filed financial schedules but the Trustee closed my bank account containing only proceeds from my husband's life insurance and took every penny,... Read more »
answered on Oct 12, 2022
The purpose of the 2004 exam is to question you regarding potential assets of the bankruptcy estate. They will ask questions about financial accounts, the life insurance, and other assets. They will ask for copies of your records, and other information that you may know. It is a deposition, but the... Read more »
Court appointed trustee was awarded 350k for my injury. Another 100k of assets were taken from me to pay my creditors who all received 98.6% of what I owed them. One of the creditors was a parent loan I took out for my son’s college. They received 59k of the proceeds in 2017. Now they are... Read more »
answered on Oct 4, 2022
Bankruptcy Code section 523 lists debts that are not discharged in the bankruptcy - meaning you would still owe the debts. 523(8) speaks to educational loans. The student loan debt might not have been discharged. However, it would only be for the balance after accounting for the payment made in the... Read more »
There was a racket probe of 478 million dollars.
answered on Sep 27, 2022
I believe you're referring to a proof of claim form received with respect to a chapter 11 bankruptcy case. If you have a claim against the Debtor, then you may fill out the claim, and attach supporting documentation. You may be able to fill out the claim online (depending on the court and... Read more »
I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.
I discovered after looking at the charges... Read more »
answered on Sep 23, 2022
Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.
I suggest clearly breaking down all charges and payments made (like a statement),... Read more »
Just curious if I sign the LLC over will that transfer the debt to that person as well or will I still be responsible. The LLC is almost 3 years old and has not shown a profit. I want to claim bankruptcy but someone else wants to take on the ownership and debt but not pay me anything... I would... Read more »
answered on Sep 20, 2022
As a general rule, the debt belongs to the entity, not you, so you (personally) would not be liable for the debt. In this case, you could just walk away. HOWEVER, there may be other issues that might prevent you from doing this. If you signed a personal guarantee, then you would be still liable for... Read more »
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