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I need assistance as I recently received an email stating, "Deadline for an out-of-court solution regarding your outstanding debt, and they will consider initiating legal dunning proceedings against you on 21.07.2023 at 12:00 pm."
To provide context, I subscribed to their service... View More
answered on Jul 20, 2023
A lot depends on the amount of money at stake and how much time, money and effort you are willing to spend to fight what is owed. If you do nothing, the company may or may not sue you. If you are sued, make sure you defend the lawsuit rather than letting a default judgment be entered against you.... View More
I’m a writer w/past success selling screenplays. Nothing got made and I’ve written nothing new in 10+ yrs.
answered on Jul 13, 2023
When you file a chapter 7 bankruptcy, you are required to list all of your assets (including the screenplays that probably have no value) and list a market value, as well as all creditor claims (including pending litigation). Once you file, the litigation will be stayed and a chapter 7 trustee will... View More
how long is the bankruptcy process how long does it take to be finalized.?
answered on Jul 12, 2023
There are several variables that determine how long it will take to complete a bankruptcy case. Once you will file, the court will set a date for your 341(a) meeting with the trustee. That date is between 30 and 45 days from the date you file. Creditors have 90 days from that date to seek to bar... View More
found a new job. EDD got back to me and said I had overpayements from 2019 and 2020 and owe $6k which I am appealing because I believe it is incorrect. But my question is, even if EDD is correct and they did overpay me, shouldn't that debt be discharged because my bankruptcy was finalized 6... View More
answered on Jun 21, 2023
Based on what you have said, I'm assuming that you did not list EDD as a creditor when you filed your bankruptcy. Start by advising EDD of the bankruptcy and telling them that you will ask the court to reopen your case so that you can list EDD as a creditor. That may make them go away. If it... View More
Had to retire from my job after 27 years. Fortunately I am able to draw Teachers Retirement disability but its 57% of my salary . I have long term disability but afraid to file clain because of payback rules i do not understand. Im not trying to get out of my obligation. Just need it reduced .... View More
answered on May 23, 2023
There are provisions in the Bankruptcy Code for asking the court to modify your Chapter 13 plan based on a change of circumstances. If your current attorney is refusing to do so, and hasn't adequately explained it to you, you should consult another attorney in your area. Most will offer a free... 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
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
Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.
answered on Apr 1, 2024
Consult a local bankruptcy attorney ASAP. Once an attorney examines whatever documentation you have regarding the transfer, they may be able to recommend a course of action but your brother has put you in a very difficult situation.
A debt collection company purchases debts and sues the debtors to collect. After 10 years, that collection agency has amassed a portfolio of judgments- mostly uncollected and sitting at the various courts (in PA) for years. The company then filed for chapter 7 Bankruptcy. The trustee/ courts do not... View More
answered on Mar 20, 2024
If the debts were discharged in bankruptcy, then they are not collectible and are undoubtedly worthless. Also, even if not discharged, they are likely uncollectible because the statutes of limitation have expired (depends on state law),
In 2018, my underaged former brother-in-law took my car in the middle of the night and crashed it early into the next morning. My car was impounded and I was told that I could not get it out since it was under investigation (manslaughter was involved). They held my car, didn't tell me they... View More
answered on Mar 18, 2024
Start by consulting a local bankruptcy attorney and getting some advice based on the facts of your case. If you don't own any real property, you may be able to use upsolve.org to file for free. But be sure you talk an attorney first. Most offer free consultations.
I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More
answered on Mar 3, 2024
Personal injury awards against a drunk driver are not dischargeable by the driver in bankruptcy, provided that the driver was convicted (or there is other proof of intoxication).
My attorney has failed to file documents, doesn’t respond to emails, cancels appointments, won’t call during scheduled meetings. I’m in jeopardy of losing home and case being dismissed.
answered on Feb 28, 2024
Consult a local attorney who specialized in legal malpractice.
I keep getting emails about the case and forms to file a claim but I’m not sure if I qualify as a “creditor”
answered on Feb 10, 2024
No, your loan will not be forgiven. You may or may not be a creditor (not enough information). You should keep making your payments. Another company will likely take over your loan. If so, you will receive instructions on how and where to make your payments.
My auto and even spoke to lender today to get current balance. Now I must file a motion to reopen the case and then file the motion to redeem correct? May I file to reopen the case and file to redeem at the same time or must I wait for courts answer on reopening the case?
answered on Jan 13, 2024
You should consider just continuing to make payments. Check with your attorney to make sure this is an appropriate option in your state. In California (and many others), there is not reason to either reaffirm or redeem if you are able to keep making payments.
answered on Dec 29, 2023
The answer depends on how much equity (difference between value and what you owe) you have in the car. If the equity is less than the exempt amount in Kentucky, you can keep your car. You should consult a local bankruptcy attorney for advice on this issue. Most bankruptcy attorneys offer free... View More
Can someone please tell me what is the max allowed exemption for a vehicle in a chapter 13
answered on Dec 20, 2023
The answer depends on where you live. You can probably find the information online by searching for the state and federal exemptions available in your state.
I have a customer with an open charge account on net 30 day payment terms. His operations manager signed the credit application which in short says we reserve the right to charge interest on past due balances (1.5%/month). After seeing the writing on the wall and realizing I would have to get an... View More
answered on Dec 5, 2023
This is a state law agency question, not really a bankruptcy question. However, it appears, from the facts you laid out that the operations manager likely was the owner's agent and therefore authorized to sign contracts on behalf of the business. For a better answer, however, you should... View More
Is this could be a big problem?
answered on Nov 24, 2023
What form are you talking about?
answered on Nov 10, 2023
Most bankruptcy lawyers offer free consultations. You can find one in your area by checking your local bar association or your local Bankruptcy Court's website. Also Justia.com's referral service. If it's available in your area, Upsolve.com helps you do it yourself. Good luck.
answered on Nov 8, 2023
You should call your local Legal Aid office. Not all Legal Aid offices handle bankruptcies but they can probably give you a referral. You should be able to find the phone number for the Grand Rapids office with an online search.
advice, overview, edit Petition Writ Mandate ,Evidence o App( not sure if on appeal Trial Court have Jurisdiction or Appelate. or not or. both ) and / or nee help advise on proceed bifurcation vs go to Jury Trial ,
Judge was to sever my claims from other tenants Trial 11.27.23... View More
answered on Nov 6, 2023
Check with your local bar association for an attorney referral. Also Justia.com has a referral service.
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