If your name is not on the vehicle title, then you are at the mercy of the bankruptcy debtor who it appears has control of the asset, and can make decisions on what happens with it. You should consider speaking with the debtor to determine if they are willing to make decisions that will keep the...Read more »
I thought chapter 7 protected the property but the trustee says he will use the finance from the sale to pay my debts. The will was not put through probate court in 2016 when I received the wills. Based on this information, what remedy do I have?
It is not advisable to file a bankruptcy petition without using a qualified, licensed attorney who could make sure that all of your assets are covered, or in the alternative, choose to file a different type of bankruptcy petition. Without reviewing your petition to see exactly how your exemptions...Read more »
My mother is in the process of appealing a dependent and neglect petition and divorce, and she received a "Motion For Scheduling Order" in the mail pertaining to her case that she has been involved in for almost a year or so now. She briefly had an attorney, but is no longer able to... Read more »
Your question is complexed and will need to be reviewed from the start of the case to know what to do moving forward. I would advise your mom to speak with a pro-bono attorney at Tennessee Legal Aid, or another qualified attorney with responding to this motion.
It depends on which county you are filing your divorce in. Most county court websites hold some divorce documents. I would start my search there. However, you may want to consult an experienced licensed divorce attorney to ensure that you are headed in the right direction.
Chances are, your Chapter 13 plan does not address receiving a stimulus payment. That said, I would recommend that you make your attorney and the trustee aware of these additional monies and expect a response in that fashion. If you are not in touch with the original filing attorney, I would seek...Read more »
There are multiple fees when filing bankruptcy. The first is the bankrutpcy court's filing fee. This fee is the same for everyone. Currenlty, a chapter 7 filing fee is $338. The remaining fees are subject to change based on your specific case and the attorney you choose. These fees...Read more »
If you are indeed judgment proof, I believe that should be enough to dissuade debt collectors from harassing you, but if not, get a lawyer and allow them to take the steps necessary to stop the creditors from harrasing you.
When I filed I had forgotten to tell the attorney I receive small checks at different times, but so few over time. Will the trustee take these checks in the future? The attorney said she would have to file an ammendment, The asbestos lawyer will not release any funds until she says ok. I cant ever... Read more »
You should disclose this settlement income to the court when you learn of it -- you do this by amending your Chapter 13 schedules. If you don't, you could later lose your right to any damages from the claim. The next step would be to exempt these funds as much as possible, where the law allows.
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.