Get free answers to your legal questions from lawyers in your area.
I received a letter from the lawyers for the trustee stating that I need to amend my proof of claim to remove PTO time from the claim. I’m owed my final week’s pay.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024
On the Court form for a proof of claim, there is a box to check if it is an amended proof of claim. Fill it out, check the box and file it with the Court like you filed the original proof of claim. The amended claim should state the changed facts. When it is filed, it will automatically supersede... View More 
Credit card maxed out by doing balance transfer amount is 4000$
I was using the same credit card for 3 years in the past
I have moved out of USA as wife lost job
Warrant in debt filed after 3 years I left the country
Hearing happened the same year but I was not in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024
From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More
The debts that were connected to the judgments were taken care of in the bankruptcy, and we heard nothing else about them, so we made the assumption that they were resolved. We are in the process of refinancing our home (it is currently on contract, and we are working with our bank to refinance it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 23, 2024
I suspect that what your bankruptcy lawyer suggested was a "demand to reconvey" rather than a "demand to levy." In any event, you want the the judgment creditor to release the lean by recording a reconveyance. If the creditor refuses to do so voluntarily, then you should go back... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2024
You will have to contact your local Legal Aid office and ask them. Some help you prepare and filed your own bankruptcy case. Others do not offer any help with bankruptcy filings. Also check out your local Bankruptcy Court's website (us.courts.gov) to see what free legal help is available in... View More
I entered in my bankruptcy i was going to reaffirm my vehicle loan, i have since changed my mind. Do i have to complete the reaffirmation paperwork since i put it in my statement of intentions or can i just continue making the payment? The trustee asked about it in my 341 and i said yes i was going... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024
No, you do not need to do anything. As a courtesy, let the lender know. There is no obligation to reaffirm a car loan. Reaffirmation agreements need to be approved by the court and even if you get to court, the Judge will often try to talk you out of reaffirming. If you live in a state like... View More
I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024
Very difficult. Chapter 11 (regular or subchapter V) is very complex with lots of requirements and rules. A $50,000 retainer is not unusual and well worth the investment if you want to save your business. If you haven't already met with a local bankruptcy attorney, you should definitely do so.... View More
If so what if you have not filed them?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
If you are not required to file tax returns, you will need to provide the trustee with an affidavit as to why you are not required to do so. If you are required to file returns, you should file them as quickly as possible. If you do not know whether you are required to file, you should consult a... View More
I am filing Pro Se as i sincerely do not have the funds for a lawyer, i sent in my paperwork and the trustee asked for my divorce decree, no problem! I am looking through it to send and my ex husband had filled out the paperwork, and yes i signed it. In the section asking if there was any debt my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024
It is nothing to worry about. Just give the trustee the paperwork, go to your 341a and answer any questions that the trustee ask you. Trustees are interested in assets that are worth something if they are sold to pay creditors. They are not interested in your debts or what may or may not have been... View More
owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024
A bankruptcy filing does not negate a state court judgment although, if you do not have any non-exempt assets, it may discharge the debt. If you were never served with the lawsuit, you might be in a position to challenge the judgment in that court that issued the judgment. You should consult a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2024
The amount of the homestead exemption that you are entitled to claim varies from state to state. I'm a California attorney, but I looked it up on Google and it appears that you are entitled to an unlimited homestead exemption in Puerto Rico. However, before you proceed, you should consult a... View More
This seems a long time for no action. They just keep saying they are busy.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024
Has she given them all the paperwork that they asked for? If not, she needs to provide them with everything. Next, she should ask how long it will take until it is ready to file. If you think it's taking too long, she can ask for her money back and hire another attorney. However, she should... View More
Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2024
Obligations arising out of a divorce judgment are mostly non-dischargeable so he should not be able to get away with what you describe. You should consult a local bankruptcy attorney who can advise you on your particular situation and, if you want, represent you in challenging his bankruptcy. Most... View More
The Company I purchased the car from is Shift and my financer is Westlake Financial. Shifts headquarters are in California, I bought it in Oregon. I currently live in Washington.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2024
If it's Shift that filed bankruptcy, it shouldn't affect you or your car loan. If it's Westlake Financial, it probably still will not affect you. Most likely, Westlake's contracts will likely be sold to another company. Keep making payments like you have been. If another company... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2024
Yes, if one signer files a chapter 7, the co-signor remains liable and the creditor can pursue that person for payment. If, on the other hand the person files a chapter 13, the automatic stay protects the co-signor, as well as the primary obligor, from any and all collection efforts. Presumably,... View More
I received notice from a credit company that the person I cosigned a loan for has filed chapter 13. There is a stay in place, but once that stay is removed I will be obligated to pay off the remainder of the loan. Is there any way to avoid this debt?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2024
In a chapter 13, the debtor is required to pay some or all of their debts over a 3 to 5-year period. So you should check out the proposed plan to see what percentage of the debt you cosigned on will be paid. If you are still left being held responsible for some portion of the obligation, there is... View More
I am a creditor in a class action law suit. When I check the website there is a long page that has 5 different sections that says claim nature. The first is General Unsecured. The second says Priority. The third one says Secured. The fourth says 503(b)(9) Admin Priority. The fifth says Admin... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024
A secured claim is one in which the creditor has a lien on as asset of the debtor, such as a mortgage or a car loan. A priority unsecured claim is generally for taxes or other administrative expenses. Most claims are general unsecured claims. While there are certain claims actions claims that might... View More
Part 2 - I'm self employed, but strictly as a contractor (Uber Driver/Door Dasher). Do not have a business license.
Amy I receiving 'commissions/tips etc.', or am I still 'operating a business'?
Part 4, question 10 - Any property 'garnished'....I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
You are a free lance worker (gig worker in today's parlance) and are self-employed. What you earn is in the nature of commissions/tips (not a very good choice but that's the best option). You do not own a business. Your Social Security number is your taxpayer identification number (EIN).... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
I can think of no reason for not disclosing SNAP benefits. Disclosure is required, under penalty of perjury. If you receive SNAP benefits, your income is probably low enough that the inclusion of the benefits, as part of that income, is not going to affect your ability to file chapter 7. Under no... View More
When starting the process for bankruptcy you’re instructed to stop paying credit cards but how is the money from not paying them looked at from a bankruptcy perspective? If I stop paying my credit cards I will have an extra $1300 would the trustee take this? Wouldn’t that defeat the purpose of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024
Generally, when you stop paying creditors, such as credit cards, you will use the money to pay other living expenses, including attorneys fees for filing bankruptcy. In some states, including California, if you stop paying creditors, your late payment record will stay on your credit report after... View More
I have three appraisals from Kelly Blue Book, NADA and CarMax. Will court use the values from these entities or do I need to use a certified auto appraiser?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024
It depends on your trustee, but I've never had one challenge Kelly Blue Book, so don't waste your money on a more formal appraisal unless your car is in really bad shape, making it worth (in your opinion), less than the lowest blue book value. Also, so long as your equity in the car is... 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.
