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 »
Student loans are not dischargeable in bankruptcy because of Bankruptcy Code 523(a)(8), which defines those type of nondischargeable student loans as:
(A)
(i) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program... Read more »
A few cards.
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 »
I thought it was a certain number of time that debt would have to be returned to the person once they filed bankruptcy. I reside in Virginia.
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 »
Your lawyer just wants to make sure all possible claims are listed on the petition, as she's supposed to do ... she's just trying to do her job.
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 should search for legal aid in Alabama, and see what is available close to you. If you don't qualify, keep in mind that most attorneys will only charge you if successful in finding you disabled.
Will I get denied if I do not have an attorney at my court hearing?
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 can be found disabled by social security, otherwise not really.
If it comes after filing, is it asset after the fact? How is it treated?
Income from social security disability is exempt from creditors and wouldn't be included. You should speak to an attorney to determine whether a chapter 7 case would be more appropriate for you.
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... 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 »
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