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I just have another personal loan i just cannot pay it has no Collateral. my car is paid for as well as all my credit cards i am a widow with VA check benefits on my deceased spouse who i get benefits on related to agent orange in Vietnam. Can I still keep my Veterans benefits and able to file... View More 
answered on Apr 9, 2018
The VA benefits are not an issue. However, your giving the home to your daughter is an issue, and a trustee may be able to sell the property to pay your creditors.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Apr 9, 2018
This sounds like it's a secured claim, which does not get discharged in bankruptcy like unsecured debts (like credit cards, etc). There are various ways to deal with secured debts - one of which is surrendering the property/asset. You can also just continue paying on that loan (or reaffirm the... View More
Can she keep that or no?
answered on Apr 2, 2018
Depending on what other assets she has, she may be able to exempt some of it. The bankruptcy petition asks whether she anticipates receiving money, so if she answered no to that, it may be an issue if she wasn't being truthful. The trustee may demand that she turn over this money. Best thing... View More
I owe over 180,000 in student loans and I can't find a higher paying job. Would the undue hardship would be a good case for me?
answered on Mar 28, 2018
The bankruptcy court looks at the following three factors to determine if repayment of your student loans would cause an undue hardship, thereby justifying discharge of some or all of your student loan debt through bankruptcy .
1 - Based upon your current income and expenses, you cannot... View More
House was discharged in bankruptcy. Still has a lein . can it be enforced
answered on Mar 28, 2018
Secured debts are not discharged in bankruptcy. Only the unsecured amount (this would be amount you owe above the value of the property) would be discharged. This essentially means that the house is still subject to the mortgage lien, but even if the value of the house is not enough to pay your... View More
My ex-husband and I own a house jointly. I am filing bankruptcy and he is not. How would I list the property under the assets portion of my bankruptcy. He intends to keep the house and continue to pay for it, but is unwilling to refinance it in his name alone.
answered on Mar 28, 2018
There's a section to put in the value, and another for the value you own. If you are on the mortgage, you put this as a debt on Schedule D, and your ex-husband would be listed as a co-debtor on Schedule H. If you are current on your mortgage, the bank, 95% of the time, will leave the... View More
I want to see if it is worth filing a small claims claim.
answered on Mar 23, 2018
If the company is large enough, they might have a website dedicated to the bankruptcy case, with instructions on how to file a claim online. If not, just call the clerk of the court where they filed, and ask how to file a proof of claim (you can usually also find this information on the... View More
answered on Mar 9, 2018
Very often, the answer is yes. However, it depends on your specific circumstances, so you would need to consult with a bankruptcy attorney to confirm.
Information provided for informational purposes only and should not be taken as legal advice.
Should I purchased an auto with cash or an even cheaper auto loan.
answered on Mar 8, 2018
If you're current on the auto loan payments, 95% of the time, the bank won't do anything, and you can keep paying the existing loan (and keep the car you have now). You may also be eligible for redemption, if the value of the car is less than what you owe. I don't think you'll... View More
answered on Mar 6, 2018
You can try to bring something official with his social security number on it and see what the trustee says, but very likely they will adjourn the meeting to give him time to get another card. However, you should still show up, otherwise, the trustee might file a motion to dismiss your bankruptcy... View More
She owes $37,000 in credit card debt and only makes $19,000 a year working as a CNA. She is 62 and would like to retire if possible but can't because of this debt.
answered on Feb 26, 2018
She could, but not necessarily. If she has equity in her home (value minus mortgage), it could be used to pay her creditors. In this scenario, she would create a chapter 13 repayment plan instead, rather than filing chapter 7. She can also look into the possibility of a home equity line of... View More
answered on Feb 20, 2018
In addition to the previous responses, make sure you're also properly serving the added creditors.
I'm 28 my credit score has tanked $55000 in student loans and 3000 in medical bills and other chargeoffs for credit cards. My current annual salary is $36,000. If I file for bankruptcy what chapter would you recommend??
answered on Jan 25, 2018
You would file a chapter 7 to discharge your debts. However, the student loans are probably not dischargeable, so you need to decide if filing bankruptcy for the $3000 medical bills plus whatever credit card debt you have it is worth it for you.
Information provided for informational... View More
We are in our 7th year of a total bankruptcy charge off, which did included the mortgage on the house which we lived in.
I recently ran my credit report and saw where the mortgage company has recently placed a negative hit on my report for not paying "late payment" bills that they... View More
answered on Jan 23, 2018
A mortgage is a secured debt that does not get discharged in bankruptcy. Was there an unsecured portion that was discharged and they are now trying to collect or are you referring to the secured amount? You should consult with a bankruptcy attorney first, to determine whether the debt they are... View More
He said he will not file without them but they insist he go through something called the work number which he refuses to do. I was able to get one but I have about three or four that I need from them. Will all bankruptcy lawyers insist on this. I can’t make the company send them if they won’t.
answered on Jan 19, 2018
Yes, you're required to submit your paystubs to the trustee. That's very strange that the company won't release your own paystubs to you. Did you ask your bankruptcy attorney to send them a letter? The company is probably just being overly cautious.
Information provided for... View More
answered on Jan 19, 2018
Unless your household size is 5+, you're above the median income in Indiana, so your eligibility to file chapter 7 depends on the means test, which requires a more comprehensive analysis. You would need to retain a bankruptcy attorney to do this analysis.
Information provided for... View More
I am filing and my spouse is not. The mortgage is in my name only, but the title is in both. Do I claim 50% or 100% of the home ?
answered on Jan 17, 2018
Ownership is 50%. The Ohio homestead exemption is $136,000. For more information, see https://www.nolo.com/legal-encyclopedia/ohio-bankruptcy-exemptions.html
For the filing debtor - Take the value of the property, deduct the mortgage to find the equity in the property. Then take 50% of the... View More
I just have a general question. I have a total back tax debt to the IRS for 18k it is for tax years 2008-2012. I am in Missouri and I make about 2900 a month before taxes. Now I have found an attorney but he tells me I cannot include this tax debt in a chapter 7 that I can only do a 13. Now... View More
answered on Jan 17, 2018
Your tax debt should be dischargeable in a chapter 7 case.There might be another reason the attorney said you can only file a chapter 13. Do you own a home? You might want to just speak to another bankruptcy attorney in your area for a second opinion.
Information provided for informational... View More
Nc, chapter 7, both vehicles are financed and we have 0 equity in each
answered on Jan 16, 2018
If there's no equity then the chapter 7 trustee can't sell the vehicles, so you'll be able to keep them. Keep in mind there's a very remote chance the bank may repossess the vehicles. However, as long as you'e current on payments, 95% of the time, they will not.... View More
He paid me back $2500. Greensboro, NC
answered on Jan 16, 2018
If there are any assets, you can file a claim in the bankruptcy case. Otherwise, you probably won't get any of that money back unless you have a reason to object to discharge. If you want to do that, check the deadlines and whether any reasons for objection to discharge apply to your... View More
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