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Form 108 and redeem the vehicle. I owe more than the car is worth. I have three appraisals from Kelly Blue Book, NADA and CarMax ranging from $1200 to $1440. My check engine light is on and believe I need a new catalytic converter which would further reduce the value. Question. Will these... View More 
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answered on Jan 10, 2024
If you are underwater on your car loan, as you indicate, my recommendation is that you not reaffirm your loan. Just keep making payments. If you must reaffirm it, you can negotiate with the lender on the amount due and the interest rate, but there is nothing that requires the lender to make you a... View More
I found out my tenant filed bankruptcy during a dispossessory hearing, how do I find out the case# and information
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answered on Jan 4, 2024
You can ask the tenant for it. If that doesn't work, you can go on the Bankruptcy Court's electronic filing system (www.pacer.com), register, and find it by entering the debtor's name and, if you have it, the Social Security number. That should pull up the case number and filing date... View More
I was told to contact bankruptcy lawyer. It was ordered in separation agreement and divorce, but he has not done the QDRO for me to receive my portion. Can I begin QDRO while the bankruptcy is in process? Will I lose the money? Thank you.
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answered on Dec 29, 2023
Once you receive the money, so long as you leave the money in the 401(k) (or rollover IRA) and don't withdraw it, the funds will be exempt (protected). You should consult a local attorney (preferably one with both bankruptcy and Arizona family law experience) about the timing and procedure for... View More
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answered on Dec 14, 2023
California is a community property state which means that you probably own everything and owe everything jointly. Plus the bankruptcy forms require that he include your information for purposes of his filing bankruptcy. Ask to meet with his attorney so he or she can explain the process to you.
I gave my sister my house in 2009 after purchasing a new house. We didn't do a quit claim deed then. Flash forward to today, i'm behind in my mortgage and am going to file bankruptcy. I was going to do the quit claim deed before hand to legally give her the other house, will there be... View More
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answered on Dec 14, 2023
Possibly. The bankruptcy trustee can challenge any transfer to a relative within one year prior to bankruptcy and drag the property back into the bankruptcy estate for the purpose of paying creditors. If you record a quitclaim deed within that period, it might be challenged, particularly if there... View More
This mean he is trying to add these taxes to his bankruptcy making me liable for the entire tax debt
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answered on Dec 10, 2023
Probably not. Generally, unless the taxes are more than two years overdue, taxes are not dischargeable in bankruptcy. That means that he will remain jointly liable with you. You should review his bankruptcy schedules (they are available on Pacer.com) to see if he has listed the taxes as a priority... View More
65 years old. Live in Virginia. Own home with mortgage and would keep current on payments. Own one car with no loan. No savings.
Would I be judgement proof?
My home equity is $300K. But isn’t a primary residence exempt from unsecured debt creditors?
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answered on Nov 26, 2023
Your Social Security and pension are exempt and, depending on where you live, you are eligible to claim a homestead exemption under your state law. Same with your car. If your equity is less than your homestead exemption, you are probably judgment proof. However, that will not keep your creditors... View More
property tax lien was turned in for redemption a year ago. cant get to my equity because of bad credit.
not much income, not enough time to sell the property. 10 days before the deed is handed over.
will chap 13 stop the redemption of my property and 250k equity and all my stuff... View More
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answered on Nov 25, 2023
A chapter 13 filing will stop the sale of your property immediately (the automatic stay). In order to continue with the sale, the taxing agency will need to ask the Bankruptcy Court to lift the automatic stay to proceed with the foreclosure. If you have significant equity in the property, it is... View More
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answered on Nov 23, 2023
There is a form to request the Bankruptcy Court to waive the filing fee. Check your local Bankruptcy Court website (www.uscourts.gov). They usually provide information on free legal services. You can also check upsolve.org. If it's available in your area, its services are free to those who... View More
My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.
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answered on Nov 22, 2023
It depends on where you live. If Maryland is a community property state, then you are both equally liable on all debts incurred during the marriage, regardless of whose name is on the contract. Although a post-nuptial agreement or divorce decree can assign responsibility to one spouse or the other... View More
I have a judgment against me for approx $7,000 total (from 12 years ago) in a different state (NJ and Florida) and am currently residing in NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 4k) if it's... View More
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answered on Nov 20, 2023
A judgment against you can be enforced against your interest in any asset, whether it is jointly owned with another or not. HOWEVER, the more important question is whether (a) the judgment is still valid, which is a question of New York law; (b) whether you have any equity in the car (difference... View More
I filed bankrtupcy and have completed my hearing. My ex spouse has several years of unpaid *Decree Ordered* joint-child expenses. Specifically outlined as "Medical and extracurricular", as agreed in writing. Now he claims he no longer owes those arrears because of the bankrtupcy. I... View More
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answered on Nov 20, 2023
Your bankruptcy does not affect amounts that are owed to you, whether pursuant to a court order or otherwise. It discharges amounts that you owe, but not the ones that are owed to you. Further, all amounts that you receive in the form of child support or spousal support are exempt (they cannot be... View More
I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More
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answered on Nov 17, 2023
Once you fall three months behind on your mortgage payments, your lender will likely start foreclosure proceedings. A chapter 7 would delay but not prevent foreclosure (unless you have a lot of equity). A chapter 13 would allow you to bring the payments current over the course of a chapter 13 plan... View More
We filed chapter 7 earlier this year in Florida, we were granted discharge on June 28th. Since that time there is a collection agency in Wisconsin still reporting 9 medical accounts as active collections even though both their agency and all 9 of these debts were included in our original filing.... View More
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answered on Nov 14, 2023
You should consult an attorney in your area. Based on what you've said, the collection agency (and perhaps Transunion) is in violation of the law and can be sued in the bankruptcy court for damages, particularly if the collection agency is taking any action against you to collect on the debt.... View More
I filed the bankruptcy in sept of 24.
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answered on Dec 20, 2024
It depends on where you live. In most states, a vehicle lien doesn't need to be recorded anywhere so long as the lender retains the pink slip (California) or other title document. So, in answer to your question, the answer is probably yes.
The paralegal said she would take care of the first one but I would be required to take the second. Does the first one discourage people from filing bankruptcy?
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answered on Dec 17, 2024
I find the suggestion of a law firm taking the credit counseling course on behalf of a client highly unethical. The court is designed to inform you about your options and it rarely discourages anyone from filing.
Initial Bankruptcy Filing: I filed for bankruptcy because of garnishment, but I have been paying as much as I can toward the plan. About a month after filing, I was hit by a car in a severe motorcycle accident, leading to hospitalization and multiple injuries.During treatment for my injuries, I was... View More
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answered on Nov 11, 2024
A chapter 13 plan can be modified based on a change in circumstance. You will need to file a motion asking the court to modify the plan. If your current lawyer won't help you, find a new one.
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answered on Oct 28, 2024
Probably not but check with your family law lawyer and a local bankruptcy attorney. Most offer free consultations.
I am on the deed to home/property in which is owned free and clear was purchased with cash by him . Can I file for my debt without it affecting house / deed ?
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answered on Oct 21, 2024
While you must list the home as an asset, and the mortgage as an obligation, you are entitled to exempt a certain amount of equity in your home, depending on where you live. Talk to a local bankruptcy attorney to get a more complete answer to your question. Most offer free consultations.
HOA filed against me, I satisfied & they added more fees after, filed another case in a different court & I misunderstood what I needed to do. So second judgement granted. Income over the past 2yrs 1/4 of what it should be and I am drowning. I would prefer to avoid BK.
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answered on Oct 10, 2024
Without knowing where you live. it's not possible to answer your question. Your best option is to talk to a local bankruptcy attorney who can advise you of your options. Most offer free consultation. You can consult the directory on this website, or your local bar association to find an... View More
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