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like if he died what to I do about his house
answered on Dec 6, 2017
If your uncle does not have a will, upon his death there will be a probate proceeding held to determine who the rightful heir(s) of the home are. The process is always easier if there is a valid will (which you should retain an attorney to draft).
Information provided for informational... View More 
answered on Dec 6, 2017
The filing fee for a chapter 7 case is $335. You can also apply for a few waiver, if your income is too low, but that decision is made at the court's discretion.
Information provided for informational purposes only and should not be taken as legal advice.
The Landlord served me with a notice to leave the premises for non payment of the water bill. Am I protected by bankruptcy, because I did include the water bill in the bankruptcy. I am being constantly being threatened with eviction. I just want to clarify exactly what my rights are. Thank you
answered on Dec 6, 2017
You can amend your schedules to include the water bill debt to your landlord. Your landlord cannot take action against you while the bankruptcy case is pending. For when the bankruptcy case is over, you would need to speak to a landlord/tenant attorney to defend against any possible eviction... View More
I co-assigned a car lawn with my husband for a car dealer then now he wants to surrender the car to the dealer. He thinks of making bankruptcy for himself only but I don’t want to do the same. Is there any way to protect my credit? I know there will be some hurt to the family but I am trying to... View More
answered on Dec 5, 2017
If you co-signed on the loan, then you are responsible for any debt owed, regardless of whether your husband gets a discharge in bankruptcy. If he surrenders the vehicle, then the value of the car should be deducted from the balance of the loan. You would be responsible for any amount over the... View More
answered on Dec 5, 2017
The trustee could ask for the truck which you gave to your friend as a gift but you might have available exemptions for the truck anyway. Please discuss the details with an attorney as what happens here will depend on various circumstances.
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I filed bankruptcy and missed the payment for the filing fee . Can I do an emergency filing to make sure my checks no longer get garnished ?
answered on Dec 5, 2017
You can file your bankruptcy case again, but make sure you pay your filing fee. Emergency filing usually means the filing is not complete, so you also have to make sure to file the necessary documents timely, or else the case can get dismissed again.
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answered on Dec 4, 2017
If you received a discharge, that means the case was successful. I think you meant it was dismissed. Yes, you can probably file it again, but you should retain bankruptcy counsel.
Information provided for informational purposes only and should not be taken as legal advice.
I received a job offer contingent on a comprehensive background check. I am not worried about the criminal background check. I did file bankruptcy and the debt was discharged a year ago. Two judgements were also discbarged, but show up on county records. Do I need to alert employer. JOB WAS... View More
answered on Dec 4, 2017
Pursuant to bankruptcy code section 525, a government employer cannot discriminate solely based on a prior bankruptcy filing. It will probably show up on the background check. This isn't something that needs to be disclosed.
Information provided for informational purposes only, and... View More
I recently filed bankruptcy and I lost my job. I was also involved in a car accident and my vehicle was taken in for repair. I am not able to afford the deductible to fix it so I added my vehicle to the bankruptcy. Will my lienholder be able to come after me for repairs to the vehicle?
answered on Dec 4, 2017
You need to make sure the mechanic was also added to the schedules. They may have a secured claim which must be dealt with in the bankruptcy case. That means that you will probably need to pay off the deductible even with the bankruptcy. If you have a bankruptcy attorney, speak to them. If you... View More
Just was curious so I didn’t apply too soon or ruin the bankrupcy proceedings. My credit report says I have no available or balances due.
answered on Dec 4, 2017
You can apply any time, it won't have any effect on the bankruptcy case.
Information provided for informational purposes only, and should not be taken as legal advice.
Hi, I am wondering what the final order was in response to the courts decision in
In re EMMER BROTHERS COMPANY 52 B.R. 385 (1985)
We would like to know what relief was finally granted in the bankruptcy court as we are analyzing this in Thailand. We can find the judgment, but are... View More
answered on Dec 4, 2017
It is available here:
https://law.justia.com/cases/federal/district-courts/BR/52/385/1944116/
Information provided for informational purposes only, and should not be taken as legal advice.
answered on Dec 4, 2017
Not really. However, there are pro bono organizations that provide help preparing the petition.
Does the landlord have any recourse?
answered on Dec 4, 2017
Rent arrearages and civil damages are debts dischargeable in bankruptcy (so the debtor would not be liable for the money after a successful bankruptcy case). There may be circumstances where a landlord could fight to have the case dismissed, perhaps for a bad faith filing. However, the threshold to... View More
answered on Dec 4, 2017
It is possible. A judge has the ability to impose sanctions such as a fine or jail time, if you are found guilty of contempt of court.
Information provided for informational purposes only, and should not be taken as legal advice.
Can I still qualify?
answered on Dec 6, 2017
A bankruptcy affects your credit regardless of what kind of debt it is for. So the decision to file bankruptcy depends on whether you'll otherwise be able to pay your debts. Often, your credit score is harmed anyway because you're unable to make payments on your debts as they become due.... View More
Hi,
I work with a business who ceased operations and announced liquidation. Now they are paying my total balance partially by saying they are rejecting all of the invoices after the date of liquidation. Can I dispute this legally, what's yours advise?
Thank you
answered on Nov 30, 2017
Did they file bankruptcy or are they winding down the business? If they are in a bankruptcy case, then an attorney can probably help you. I would need to see the actual documents though, to understand what exactly is going on.
I am considering BK 7. Or possibly just stop paying the bills as it would save me 1000 per month. I am on a fixed income now. The homes are being rented out. I'm aware of the homestead law. If I were to homestead, I would protect the home in California. The home in Tx is about a year... View More
answered on Nov 29, 2017
Homestead laws only apply when you reside in the property. You indicated the homes are being rented out, so you might not have this exemption. You should speak to a local bankruptcy attorney that can more accurately analyze the situation.
answered on Nov 29, 2017
The child support payments are probably debts that he listed on his bankruptcy schedules, and everyone listed on the schedules received notice. I assume this is the notice you're referring to, but I can't know for sure unless I look at the document you're referring to. If this is the... View More
I have a student loan for around 10,000 and I can’t afford to pay it. I couldn’t finish online school because I moved to make sure my kids were safe from mold and I couldn’t get internet for almost 3 weeks after we moved and I called the school and told them and they wouldn’t help me and... View More
answered on Nov 29, 2017
Federally backed student loans are not dischargeable in bankruptcy, unless you can prove hardship (which has a high threshold that you don't seem to meet). Most likely, you would still owe this debt after a chapter 7 bankruptcy case. You should speak to a local bankruptcy attorney to confirm this.
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