#1. My Chapter 13 was discharged today. I knew it was coming up so I just happened to check my credit report and turns out 1 creditor continued to report that account delinquent for 41 months. They were put on notice when I filed so they were aware. Will filing a FDCPA claim be worth it?... Read more »
A bankruptcy attorney would not monitor your credit report. If they were listed as a creditor, the court would have sent notice of the bankruptcy. Your attorney confirmed that they were noticed. This probably happened because the bankruptcy notice was not processed properly by the creditor. Speak...Read more »
Generally speaking, bankruptcy discharges (wipes out) most debts. A judgment from a lawsuit is usually dischargeable, except for some due to public policy concerns, see https://www.law.cornell.edu/uscode/text/11/523 (for example, if car accident caused by driving under the influence or if injury...Read more »
My fiances ex is filing for bankruptcy so she says. The child needs braces and 2 cavities filled and she is stating she will not be paying for them since she cant afford it. They have a court order that they both have to cover 50% of medical and dental cost. Is there something we can do about this?... Read more »
Domestic support obligations are not discharged in bankruptcy, so even if she files bankruptcy she would still owe this money (presumably, if she is required to pursuant to the court order). However, how would you get it if she just doesn't have it?
Looks like this was case number 2:02-bk-24411-BB (aka 02-24411) filed in the Central District of California 5/16/02. A plan was confirmed 10/8/03 and the case was closed 5/23/14, which means any payments for claims were already paid a long time ago. The deadline for filing claims was 11/18/02. If...Read more »
I filed Chapter 7 in TN, and my case was discharged appropriately. My student loans weren't discharged, which I knew going into the bankruptcy. Two of the other debts listed were unsecured debts that I owed to two different colleges; these are not student loans, but amounts owed directly to... Read more »
Although you have no assets for creditors to take, you might decide you don't want the hassle of collection calls, or just in case you receive non-exempt assets or income in the future, that these are not taken from you by a potential judgment. However, you may decide it is too expensive to...Read more »
5 of us inherited a $150k home from our father. 4 of us are living in it and one of us living there wants to file chapter 7 bankruptcy on $60k worth of debt. None of us are in a position to take on a loan payment to buy the one out. Will they make us sell the house to get their 1/5 share of it?
It will depend on the equity owned by the sibling filing bankruptcy and the homestead exemption available to them. 1/5 of $150k is $25k, so as long as the homestead exemption in the state they live in offers $25k (or if they can use a wildcard exemption if available), it should be ok. Your sibling...Read more »
I would like to know if my insurance could be affected by this chapter 11 and if I will still get my maternity leave the way that I would have prior. Also could me being pregnant put a target on my back for my job?
It depends on the specific facts of the chapter 11 case. Usually in a chapter 11, the business can continue operating. That means they may continue paying certain operating expenses, like employee benefits (with court approval). However, in the event the chapter 11 case doesn't go well, the...Read more »
I was told that the stimulus payments were exempt and could be kept, but will the additional $300 in unemployment income be safe as well? For example, if I receive $3,000 in unemployment income, am I allowed to have that in the bank account when I file? We are filing after we receive our tax... Read more »
The tax refund is not exempt on it's own, but there's a federal wildcard exemption of $11,000 you may be able to use, depending on your other assets. You need to speak to an attorney to review all your financial details and advise you about what will be exempt.
March 2020 had to convert to chapter 7. Included in the chapter 13 was $15,000 of irs debt due to taxes on wages earned in 2015 and 2017, when the 13 was converted to chapter 7 we were told everything in the chapter 13 would be included in the chapter 7 he even has emails from the attorneys legal... Read more »
It's because taxes are generally non dischargeable, meaning it survives the bankruptcy case. When a case is converted to chapter 7, the same debts remain in the case. The IRS not receiving notice of the discharge is irrelevant, because you could always send them a copy after (and this is sent...Read more »
They are allowed to debit the funds before you file bankruptcy. It's when they continue collection activity AFTER you file, that they should return the money to you. What you might be thinking about are preferences (Bankr. Code Section 547). This is where the Trustee recovers certain transfers...Read more »
File a claim in the company's bankruptcy case. There's not much else you can do unless you have a reason to object to discharge (for example, if there was fraud). For this kind of objection, you'll need to research bankruptcy laws very thoroughly or retain an attorney, although for a...Read more »
I had the absolute worst lawyer file my bankruptcy and overcharge me considerably. I don't know why she is so interested in my personal life but I did mention to her how severely discriminated I was at my last job. I thought about suing my previous employer but decided to let it go and... Read more »
I was out of work for a year and then went back part time. I am now back full time and was advised to still go ahead and try for back pay for the time I was out of work. I still suffer from ptsd and anxiety as well as in these side effects from the medicine. I am trying to work as I have 3 small... Read more »
If you are found to have been disabled for at least 1 year, then yes, you are entitled to benefits, even if it was for a prior period, and no longer need it going forward. However, you can only get benefits going back 1 year from when you apply.
You won't get denied just because you don't have an attorney, but you're much more likely to be successful if you have one. That's because an attorney will know what records you need and will argue why you should be considered disabled. However, you will need to get an attorney...Read more »
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.
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