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My problem is the gf dropped in our house while I go to work or he takes them to her. I had ask him I don’t want her near our home or have her around my kids. We are still married. He has not file for divorce yet. House is going foreclosure, 7 months behind. Most of our bills are behind. He had... View More 
answered on Jan 16, 2018
You can only assert your rights through court order. Go to family court and see if they can help. You probably want to file for divorce and custody.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Jan 16, 2018
You can always file bankruptcy individually, even while married. However, still being married may have some affect on your bankruptcy case. It's best to review all your financial information with an attorney before you file so you're clear on what will happen.
Information provided... View More
now the finance company wants me to pay the remaining balance and auction fees.in our settlement agreement she has 100 percent financial respondsibility to the car . what can i do to keep from paying the balance?
answered on Jan 16, 2018
If the settlement agreement was entered as an order, or otherwise approved by the court, send the finance company the divorce settlement and see what they say.
Information provided for informational purposes only and should not be taken as legal advice.
Specifically if they sell my home and I get the ~100K SC secures for me, is that money at risk if I move to another state?
answered on Jan 16, 2018
You are subject to the laws where you filed your bankruptcy case. Whether that was the right venue depends on how long you've lived there prior to filing.
Information provided for informational purposes only and should not be taken as legal advice.
Do have to resume your same payment schedule or can it be negotiated with the company that holds the loan? Why else file bankruptcy it could just be a voluntary repo under bankruptcy am I correct?
answered on Jan 16, 2018
The reaffirmation means you're continuing the existing loan, and it's unlikely the finance company would reduce the amount if they don't have to. You can also look into redemption, if the value of the vehicle is less then what you owe. Either of these have to be approved by the... View More
Can I file bankruptcy and keep my home?
answered on Jan 16, 2018
The homestead exemption mentioned by the other attorney probably does not completely protect your home from the creditor. In a chapter 7 case, the trustee would probably want to sell your home to pay off the creditor. In a chapter 13 case, you can keep your home, but will still have to pay off the... View More
I filed a proof of claim in bankruptcy court against a former employer for tort act of assault and battery instead of filing a motion to lift stay to proceed in suit. I preferred to have the stay lifted. Can a motion to lift stay be file after filing the proof of claim? If so what is the process... View More
answered on Jan 12, 2018
You can file a motion to lift stay now. Nothing happens with the proof of claim for a while. I would recommend retaining an attorney for the motion to lift stay, as it can be more complex. Also, your claim may or may not be dischargeable in bankruptcy, so you will need to confer with an attorney on... View More
I am 31years old, $29k+/- in debt, yearly salary $29k, currently on misdemeanor probation for DUI. My debt consists of unsecured credit cards and personal loans. All of my debts are current and have been paid on time, living with my parents because of my poor financial decisions (among others). My... View More
answered on Jan 12, 2018
Yes, you would benefit from a bankruptcy filing and would have no issues with filing under chapter 7, based on the information you provided.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Jan 12, 2018
If you are able to file a chapter 7 bankruptcy case, most unsecured debts are discharged and you would no longer have to pay them. This would include an unsecured loan. However, if, for various reasons, you will need to file under chapter 13, you will have to pay your debts through a payment plan.... View More
Business has declined over time due to technology to the point of not generating enough income. There is over $38.000
in business debt. Should we close the business and declare bankruptcy and are we responsible for any of the debt individually?
answered on Jan 11, 2018
Either or both of you may be personal guarantors on some of the debt, so you'll have to check the agreements with those creditors to confirm. Even if you're not personal guarantors, and although the corporation generally shields you from personal liability, there is a possibility that a... View More
Co signer on. The bank never tried to collect the debt from my mother until 5 years later when they noticed the error. Can they legally still go after her?
answered on Jan 11, 2018
Yes. Co-signors are still obligated to pay a debt, even if the original debtor received a bankruptcy discharge.
Information provided for informational purposes only and should not be taken as legal advice.
Prior to the case closing I had not filed my 2016 taxes. The trustee requested I file them in efforts to retain my refund(if there was one). I owed 2014 taxes and was in a dispute with IRS regarding the amount, so I delayed filing 2016 due to this. Anyway, the draft of my 2016 taxes showed another... View More
answered on Jan 10, 2018
I think your idea to contact the trustee first and ask them how they want to handle it is appropriate, and makes sense before you do a lot of work reopening the case.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Jan 10, 2018
If you owe the person who is filing bankruptcy money, it's possible that the bankruptcy trustee will seek to collect this money from you.
Information provided for informational purposes only and should not be taken as legal advice.
My mom is the cosigner. Do I have to turn the car in or can I continue to pay the payments under my mom and keep the car?
answered on Jan 10, 2018
You have various options in bankruptcy with regards to the vehicle - reaffirmation, redemption, surrender. However, as long as you continue making payments, the bank is unlikely to repossess your car, so you might not need any of the previously mentioned options. If you have a bankruptcy attorney,... View More
Our divorce decree says I take full responsibility of the vehicle. And he is surrendering his interest in it. Is my car going to get repoed, and does his bankruptcy pay for the car, or does the finance company still continue to have me keep paying monthly payments on it as normal if I wish to keep... View More
answered on Jan 5, 2018
The financing is a secured debt against the car, so you still need to make payments if you want to keep the car, even if filing for bankruptcy.
Information provided for informational purposes only and should not be taken as legal advice.
My bankruptcy was discharged in October. There is a toll company who, every time I call to pay current bills, tries to collect the discharged bills. They tell me they were never notified. They are listed on the discharge paperwork. Do they need to figure it out on their own using my case number, or... View More
answered on Jan 5, 2018
Send them the Certificate of Notice issued by the bankruptcy court, as long as they are listed on it. Those are the addresses notice was sent to by the court. Send them both for the Notice of commencement (and of 341 meeting of creditors) filed at the beginning of the case, and for the Order of... View More
answered on Jan 3, 2018
If you file bankruptcy alone, your debt for the timeshare will be discharged as against you, but your husband will probably still be responsible.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Jan 3, 2018
Generally speaking, tax debts older than 2 years are dischargeable in bankruptcy, except if no tax return was filed. If there was fraud involved, the tax debt would also not be dischargeable.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Dec 29, 2017
A secured debt is not dischargeable in bankruptcy. Usually, this refers to a house (mortgage), a car or furniture, although it can be any property, if your loan agreement secured the collateral. Usually if you continue making payments, they will leave it alone. If you did not make payments, they... View More
answered on Dec 28, 2017
The secured portion of a mortgage doesn't get discharged in bankruptcy, only the unsecured portion (the secured portion is whatever the value of the home is, unsecured is whatever balance is left after applying the value of the home). You can review the bankruptcy docket to find out what... View More
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