Get free answers to your legal questions from lawyers in your area.
answered on Mar 7, 2023
Yes, when you file for bankruptcy, an automatic stay goes into place. This stops any garnishment or bank levy. As soon as you file the wage garnishment would be stopped.
If a bankruptcy case was filed on 5/23/2022 had the meeting 06/23/2022 and objection deadline is Aug 22 2022 does that mean the case can be discharged if no objections come before Aug 22 2022 ? Or do you have to wait until Aug 22nd 2022 to know definitely if you been discharged ?
answered on Jul 21, 2022
The bankruptcy discharge date occurs after the creditors can object. Therefore, a discharge won’t happen until the deadline for creditors to object ends in most cases.
answered on Jun 21, 2022
No, a debt collector can not collect on debts that were already discharged in a bankruptcy. This would be a violation of the automatic stay.
My bankruptcy is allowed to be reopened to allow me to add my ex husband as a debtor so I can claim against the sale of our previous marital home which he has sold. Do I need to file this paperwork in a specific time frame? I ask because I am out of money to continue to pay a lawyer to do this.
answered on May 13, 2022
I’m not sure what you mean you were granted an amendment. If they allowed you to amend your petition, then generally it should be done as soon as you can.
answered on May 2, 2022
Yes, they can. A levy means that they can continue to take the money until it is paid off. Filing bankruptcy may be a good decision to try and stop a levy!
answered on Feb 23, 2021
This would depend on which chapter of bankruptcy that you are filing. Chapter 7 or a Chapter 13 provide for two different outcomes. Generally property that is exempt is safe from creditors.
Debtor recently filed a chapter 13 and the plan has been confirmed. There is a property owned by the debtor with the ex-wife that the ex-wife is now fully responsible for, per the divorce agreement, but the debtor's name was never removed from the title. Now ex-wife is looking to sell that... View More
What can i do to get a driver's license is bankruptcy my only option??
answered on Sep 17, 2020
Generally, fines to government agencies are not dischargeable in a Chapter 7. Fines intended to pincushion your for some type of action are not dischargeable as it would go against public policy.
my credit debt is $39,116.06
no house owner and need to keep my 2004 jeep (about 3500 by kellys blue book)
where i could fin a lawyer for this???
Thank for your time
answered on Sep 2, 2020
I think you should speak with a bankruptcy lawyer in New York. I am a lawyer in New York there’s more questions to ask most lawyers in New York provide free consultations!
The Master Promissory note on file with Federal Student Aid is completely blank. There's no information about me in any regard, not even my name. Am I legally responsible for this debt or can It be discharged/forgiven?
The Federal Student Aid website has all the federal loan... View More
answered on Aug 21, 2020
Something doesn’t seem right. You may want to get the original loan documents if you took out the loan?
Husband seems to do pretty well we live in a nice house multiple high end cars claims to have substantial debt including a million dollar loan he says that is backed by the house. Offered me a deal to buy him out of the house he wants the down payment he put down back plus about 100k of the equity... View More
answered on Aug 18, 2020
You really need to speak with a Bankruptcy lawyer And a divorce attorney this has a lot of parts to it.
to put his house in my husband and his sisters name because she is 90 yrs old
Can he have the house in his name.
answered on Aug 13, 2020
Yes if the case was dismissed but if your going to file bankruptcy in the future you should consult with a bankruptcy lawyer before doing so
specifically subchapter v in the prior year, is there a way of doing that?
answered on Aug 9, 2020
You can make a pacer account so you can see the case information.
My husband just learned that there was a $75k judgment against him and his co-defendant in a personal injury case from 2007, but judgment was placed in 2010 without him ever receiving any notice for court, about the judgment, etc. He was aware of the case and got to the point where they were... View More
answered on Aug 5, 2020
Yes, it could be discharged in bankruptcy. As long as it wasn’t for drinking and driving
I was renting a piano, but my father said I could use his piano rather than lose money on the rental. Its ambiguous if he "gave it to me" (It is obviously a long term loan, but its understood my job is to take care of it although it'll be mine in the future.) I'm thinking of... View More
answered on Aug 4, 2020
If your father owns the piano and you are just using it, then it is not yours. I recommend speaking with a Bankruptcy lawyer who can help you
Filed bankruptcy stole my money
Chapter 7 inheritance
answered on May 26, 2020
This question is a Little confusing, a judgment from a secured second mortgage is a secured creditor. Any inheritance will be distributed to your creditors in a Chapter 7 if there is no exemption .....
A Ch. 13 conversion into a Ch. 7--Bank wants back $2800, and really gouged me on monthly payments, increasing from the prior agreed on rate of only $115 a month payments (the Ch. 13 Trustee won that). No more need for this 11 year old vehicle which is now worth market value of only $1700 at most.... View More
answered on May 26, 2020
I’m not sure if your in bankruptcy now or not?
If you are not in bankruptcy and they repossess your car they can sue you or garnish you. You can give up the car in a chapter 7 bankruptcy and not be liable for it? If you are no longer in bankruptcy and you give up the car they can not... View More
answered on May 19, 2020
I’m not sure I understand this question aside from needing definitions to such. You may want to speak with a Bankruptcy lawyer who can help you. A homestead exemption allows you to file bankruptcy and keep your home. Equity is the difference between the value of your home and how much you owe. A... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.