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Will he lose his part of that stuff as well as me
answered on Dec 28, 2017
Only your share of the assets become part of the bankruptcy estate. You can probably exempt the money in the savings account (so you can keep it). For the land, it depends what the value is and if there's a mortgage. But your husband's share cannot be taken by the trustee.
We are being service by lawyers for credit card debt, and other items we owe,
answered on Dec 28, 2017
A bankruptcy filing will pause the foreclosure, but will not solve the problem. I would not advise attempting the bankruptcy on your own, you will need a bankruptcy attorney for this.
Information provided for informational purposes only and should not be taken as legal advice.
We are considering filing for chapter 7 bankruptcy the first of the year. My concern is can we keep both houses. My husband is the only one on the mortgage for our primary residence in which the equity is about 8000 is all. I am the owner of a home that I lived in previously before we got married... View More 
answered on Dec 27, 2017
The homestead exemption only applies for the property used as a residence, so neither of you can claim an exemption for the second home. You can either file a chapter 13 or chapter 7, but will need to pay the amount of equity. Depending on how much your debts are, it might make more sense to take... View More
answered on Dec 21, 2017
Attorneys usually have online access (PACER) to the court docket, but you would need to go to the physical courthouse if you wanted to see the docket. Some very large cases have free access online, through website dedicated to the bankruptcy case. You can also try and contact Debtor's counsel... View More
File for bankruptcy in January of 2015 discharged in June of 2015 lienholder on a vehicle that was scheduled in my bankruptcy Chapter 7 still has not picked up the vehicle and it is almost 2018 what are my options as far as them repossessing the vehicle or getting the title to the vehicle in the... View More
answered on Dec 20, 2017
Did you state that you intended to surrender the vehicle on your petition? Did you reaffirm or redeem? Have you been making payments? There are numerous things that could have happened in your bankruptcy case that would affect where you now stand. However, the secured debt doesn't just go away... View More
I filed on Dec 13. Prior to this I made arrangements with a collector to have $50 come on the 15th of each month. I did not personally inform them of my bankruptcy until the 19th, when I saw the payment come out. They have now cancelled the remaining payments. Do I get the $50 back that came out... View More
answered on Dec 19, 2017
They should send that back, call and ask them.
Information provided for informational purposes only and should not be taken as legal advice.
It was a hospital bill
answered on Dec 19, 2017
See this link for a full explanation:
https://wassonthornhill.com/the-judgment-liens-that-can-be-avoided-from-your-homes-title/
Information provided for informational purposes only and should not be taken as legal advice.
The LLC filed a proof of claim against the Bankrupt partner which validated the money owed to me. I am concerned that the Company will get my payment from the bankrupt partner, and then seek to cram me down, even though the company is not in BK.
How do I protect myself/ Can I intervene or... View More
answered on Dec 18, 2017
If your claim is against the LLC, it cannot be transferred to the bankrupt partner without your consent. If that's the case, your issues would not necessarily be addressed in the bankruptcy case, but against the LLC directly.
Information provided for informational purposes only and... View More
I have a case where a judgment was filed prior to the bankruptcy. The creditor was informed but the judgment remains. Every time I try to do anything there is the judgment. Can I sue them for that? This debt was discharged. It was sold to a debt collector but the collector is not letting go of the... View More
answered on Dec 18, 2017
Some debts do not get discharged in the bankruptcy, this might be the case. I cannot tell whether this is the case here without more details.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Dec 15, 2017
The trustee may request any and all financial documentation to be reviewed.
Information provided for informational purposes only and should not be taken as legal advice.
I represented myself. Do i need to contact the collection agency?
answered on Dec 14, 2017
Some creditors have a process in place to automatically send back any garnishment taken after you filed bankruptcy. However, not all do. You (or your attorney) need to contact the collection agency.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Dec 14, 2017
You are entitled to certain exemptions, so you may be able to keep it, but it depends what other assets you have.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Dec 14, 2017
There is no reason a creditor would be listed on a list of assets. Creditors are listed on Scheduled D/E/F (liabilities/debts). Try and ask your question again.
Information provided for informational purposes only and should not be taken as legal advice.
But reaffirm the 1st and remain in the home?
answered on Dec 14, 2017
This is possible, but it depends on the value of your home and the amount of the first mortgage. If the second becomes an unsecured claim, it can be discharged in bankruptcy. You need to speak to an attorney about the specifics of your situation for a more definitive answer.
Information... View More
answered on Dec 14, 2017
You may be able to keep it, although there is a possibility that the trustee will want to sell it. If you have any financing, that needs to be taken into consideration. The federal vehicle exemption is $2,400 for one vehicle (of the portion you own, the equity). Federal also has an additional... View More
answered on Dec 6, 2017
One person can file separately, but the determination of whether you qualify for a chapter 7 case is dependent on household income.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Dec 6, 2017
Not necessarily. You are entitled to certain exemptions for personal property. For one vehicle, the exemption varies from state to state, but it's approximately $3,000. If you have more than (about) $3,000 of equity in your vehicle, the trustee may ask for the difference or else sell the... View More
answered on Dec 6, 2017
The foreclosure is a collection activity on the debt he owes (the mortgage), so filing a bankruptcy case will PAUSE the foreclosure, but not necessarily stop it. The bank cannot collect a debt from someone while they are in bankruptcy (this is called the automatic stay). However, the stay is... View More
answered on Dec 6, 2017
There's no specific waiting period. It depends on whether your credit is good enough for a bank to offer you a mortgage. Rebuilding your credit may take some time, if that's necessary.
Information provided for informational purposes only and should not be taken as legal advice.
We cannot afford bankruptcy at the moment. Would just like to know if we should avoid depositing money into those accounts until we can file?
answered on Dec 6, 2017
A marshal is able to reach any asset (i.e., bank account) that has your wife's name on it (even if it's a joint account).
Information provided for informational purposes only and should not be taken as legal advice.
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