If you are a personal guarantor, you remain obligated to pay the loan even if your boyfriend files bankruptcy. You aren't required to file bankruptcy too, but you remain responsible for paying that debt.
For my unsecured debt, the minimum payments are $1200 a month. If I stop paying them because I plan to file what am i expected to do with the excess money. I, of course, will need some to live on and but will probably have $500 leftover. I image if I put that in my mattress it will need to be... Read more »
You can exempt certain assets. If you have enough exemptions to cover that extra cash it's not a problem what you do with it, it's yours. To be safe, just don't take too long to file your bankruptcy case so you don't accumulate so much.
I've called and left messages to one of the legal aid but no one has gotten back to me yet. Meanwhile looking else where or online to check other pro bono legal help, some law firms show to file bankruptcy only $500. I know that's a scam. If you know of any please by all means email me!... Read more »
Legal aid will help you prepare the documents, but probably will not be able to adequately advise you the same way an attorney would and does not actually represent you. You might end up being ok filing yourself, but so many things can go wrong that you wouldn't know about in advance. I highly...Read more »
As I said before I received a summons on Tuesday and have till June for court, can pro bono stop the other creditors or contact them that I'm filing bankruptcy because I have no funds to pay them. What really saying can they stop them right away or its gonna take months before they contact the... Read more »
Social security income is exempt from creditors, you just have to make sure to keep that money in a separate accounts from other types of income, if any. Technically, they cannot take that income to pay creditors, although sometimes they do in error and you would need to fight to get the money...Read more »
She lives in an assisted living facility and has no assets. She can no longer afford making payments and hasn't been for months. Is bankruptcy the only option? I don't know that she can afford to file.
Creditors cannot get to her SSD income, and if she has no other assets she's pretty much "judgment proof." However, sometimes money from bank accounts are taken erroneously and you'll need to fight to get that money back. A lot of people file bankruptcy just to not deal with the hassle. Bankruptcy...Read more »
My mother is disabled, cannot hold a job due to the disabilities. I take care of her and am paid for it(I’m her daughter). She cannot obtain SSDI due to not working enough to get it, due to being married most of her life. She was told to apply for SSI instead as she should get it due to... Read more »
She may be able to file SSD against ex husband's credits. She would not be eligible for SSI if she has income or more than $2000 in assets, regardless of severity of the medical conditions....Read more »
The truck was originally $7000 (rounded) but I’m getting garnished for $15000 (rounded). The truck has been resold. I’ve paid $8000 (rounded) so far. Can you please help I can’t afford anything with garnishment. They’re taking 25% of my pay every 2 weeks. I also have 5 kids! I feel very defeated!
I have been sick for over two years now and am unable to work. Am applying for disability. I have issues on my credit. I have just filed my 2013-2017 taxes after contacting the IRS and recovering the information needed. Was told to file all 1040ez. Have done as was told. They sent letters... Read more »
Legal aid will help you draft your bankruptcy petition, but will not actually represent you. This is not the kind of legal work that attorneys will do pro bono. If you have no income or assets then you're essentially judgment proof anyway, so bankruptcy is not urgent and you can wait until you have...Read more »
It depends if you're receiving SSD (Title II) or SSI (Title XVI). Title II is based on your work history and that you paid into the system (like an insurance program). Under Title II, your income/assets are not relevant. The only income that is considered is if you've received other public benefits...Read more »
Received from US Bankruptcy Court . Deadline for Opposition Papers must be filed 14 days prior to the hearing date of Nov 28, 2018. This is dated Oct 26, 2018. Notice of Objection and Objection pursuant to section 502 of title 11, US Code (Bankruptcy Code) Rule 3007 of Federal Rules of Bankruptcy... Read more »
They included your claim in the bankruptcy filing as a potential claim - they include every possible claim. They want to completely get rid of this liability and have listed it under expunged claims. If you do nothing, nothing happens, but you also will no longer have any rights to proceed on this...Read more »
I know the first thing I need to do is take a Pre-Filing Bankruptcy Credit Counseling course, and I'm going to do that online. When completed I will be filing Form B101 and Form B103B. I also need to file a B101B. Is the B101B filed with the B101 and B103B? Or possibly do I file every form I need... Read more »
You will need to file with the clerk of the bankruptcy court (bring physical papers in). There may be non-profit organizations that will help you fill out paperwork, but not provide legal advice. As previously advised, the New Mexico bankruptcy court website has instructions:...Read more »
I have between $20,000-$30,000 of debt and would like to know if I would be able to file Ch. 7 bankruptcy and around what would be the upfront fees, if I'm able. I filed Ch. 13 in 2015, but due to job loss, it was dismissed. I'm pretty sure none of it is secured debt. I didn't know if the filing... Read more »
You should be able to file a chapter 7 if your chapter 13 was dismissed. Chapter 7 is a complete discharge of your debts and a liquidation of assets - note that a lot of assets are protected, but only a local bankruptcy attorney can do a complete analysis and give you an accurate answer....Read more »
Most likely it will be considered a non-exempt asset which the trustee could sell to pay off your creditors. You should speak to a local attorney to review your exact situation, but most likely you're better off getting a home equity line mortgage to pay off your debts.
I'm going to guess that you did not actually file chapter 11 (it is generally for businesses, and although individuals CAN file chapter 11, it is much more expensive and only necessary if you have a lot of assets). So, it depends on whether you file a chapter 7 or 13. The maximum time to wait would...Read more »
A lot of unsured debt due to car accident and can not get a release from doc and lost my job of 16 years . I have judgements filed against me and others sueing me now as well . On disability fixed income . And no savings . Drained it trying to pay creditors . Bad situation. And hospital bills .
You have a home and 2 cars, you have assets. In a chapter 7, your debts are discharged and any non-exempt assets liquidated to pay back those debts. However, there are protections available. For the home, it depends on equity you have in the home and if homestead exemption covers it. For the...Read more »
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.