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Questions Answered by Nels Hansen
2 Answers | Asked in Bankruptcy for Texas on
Q: I'm looking to file bankruptcy in Texas , but I own a House in P.R. that I can't , Can include in the bankruptcy in Tx

I can't pay due to lose of income.

Nels Hansen
Nels Hansen answered on Jul 18, 2018

The bankruptcy court that you file your bankruptcy in will be determined by where you have lived for the majority of the 180 days immediately before filing. You are required to list all assets and debts when you file bankruptcy and that would include a house in P.R.

You should contact an...
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1 Answer | Asked in Bankruptcy for Delaware on
Q: Ch 13 discharged 6/17. One of student loans was reopened 10/17. Getting calls from another closed one.Can they open now?

One bureau shows closed 0 balance. The other shows 23k. Closed and written off as bad debt. The Bank is calling but not stating why. I have recieved no written correspondence. Can they reopen it this late? Should I call them back?

Nels Hansen
Nels Hansen answered on Jan 31, 2018

Congratulations on completing your chapter 13, very few people accomplish what you have achieved. In order to discharge the student loan, you will have to file an adversary in addition to a bankruptcy and prove the student loan is an undue hardship. This is easier said than done. When you file... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: I was laid off a year ago and entered into a forebearance program with my lender. I went into foreclosure

I found an “investor” who was to pay overage on mortgage and take over mortgage payments so I signed paperwork. The investor filed a TRO based on my info to delay the auction date of Dec 5th. The overage has not been caught up and will not be until I am out of the house. The loan is non... Read more »

Nels Hansen
Nels Hansen answered on Dec 13, 2017

You may have sold your house already. The investor does not want to catch the loan up while you are still in the house because you may then decide not to leave. One of the problems with this type of deal is you will remain responsible for the mortgage until the investor sells the house and pays off... Read more »

2 Answers | Asked in Bankruptcy for Maine on
Q: I'm on ss disability, I took out a signature loan. bankruptcy or singe off?

Would the cort de able to take money from my SS?

Nels Hansen
Nels Hansen answered on Dec 10, 2017

Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or another legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for... Read more »

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3 Answers | Asked in Bankruptcy, Consumer Law, Civil Rights and Education Law for California on
Q: I'm a single mother going to school to finish a nursing program. I have 30000+ in studLdebt. Can I prove unude hardship?

I was told I cannot prove undue hardship because I may someday after the program be able to pay. (Loans obtained fraudulently from a for profit college in trouble with the fed govt) So 3 years from now I may get a job nursing. All the while accruing interest on these loans. I support my son on... Read more »

Nels Hansen
Nels Hansen answered on Dec 10, 2017

Incorrect information about your college enrollment status can cost you warns the Consumer Financial Protection Bureau. In a Consumer Advisory published February 2017, the CFPB outlined the ways the bad information about enrollment status can wreak havoc for student borrowers. The sale of your... Read more »

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2 Answers | Asked in Bankruptcy for Connecticut on
Q: For a discharged Chap 7. Do you need court approval for a mortgage loan modification?

Filed chap 13 in March 2016, converted to chap 7 in Aug 2016, was discharged but not closed in Nov 2016. Received a permanent loan modification from my bank, they are saying need court approval to execute documents? Is this true and what form(s) are needed to file the documents.

Nels Hansen
Nels Hansen answered on Dec 7, 2017

Usually, you do not. In chapter 13, you would file a motion to approve mortgage modification. In chapter 7 you do not need court permission to incur new debt. Contact your bankruptcy attorney and inquire why your case remains open. If you do not have an attorney, now is the time to hire one. You... Read more »

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1 Answer | Asked in Bankruptcy and Consumer Law for Texas on
Q: My husband is being sued for a debt owed to Conn's. We have no money as he is the only one currently working.

What do we do?

Nels Hansen
Nels Hansen answered on Nov 21, 2017

Conns has a lien on any of the items you purchased in their store if you financed them with the instore credit. This means they can ask for the washer and dryer or the TV back. You should file an answer to the lawsuit. If you do not file an answer Conns could get a default judgment against your... Read more »

2 Answers | Asked in Bankruptcy for Texas on
Q: how much credit card debt can you have before you can apply for bankruptcy.
Nels Hansen
Nels Hansen answered on Nov 14, 2017

You do not need any. You might have medical debt or a number of other types of debt as a result of broken leases, repossessed cars or signature loans. The question is when does filing bankruptcy make sense. Are you judgment proof? Can you protect everything you want to protect?

If you...
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1 Answer | Asked in Bankruptcy for South Carolina on
Q: IF you are say 100,00 dollars in debt and you are on chapter 13 would they take most of your check and leave you $ 200.

My sister and her husband are on chapter 13 they kept their house but she is trying to say they don't have money. I myself just got off chapter 13 and they didn't take all of my check just wondering

Nels Hansen
Nels Hansen answered on Oct 21, 2017

Your question cannot be answered with the information provided. Your sister needs to contact her bankruptcy attorney. If she filed without the benefit an attorney she needs to hire one. Over 90% of chapter 13 cases filed by debtors without an attorney end up being dismissed. You can search for an... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: Can I get a new credit card while I am awaiting Ch 7 discharge?

I filed CH 7 bankruptcy in August and I am waiting on discharge. Unfortunately, my new job requires that I rent a car twice in the next two months, which is significantly more expensive with a debit card (For a rental that costs $125, they also require a $343 deposit and although the $343 will be... Read more »

Nels Hansen
Nels Hansen answered on Oct 21, 2017

Yes. There is no prohibition against incurring debt after filing chapter 7. Many car and credit card creditors will actively solicit recent chapter 7 debtors. No, it will not affect your bankruptcy.

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1 Answer | Asked in Bankruptcy for Missouri on
Q: I filed chapter 13 almost 3 years ago, my payments continue to go up because of income disclosure from bonuses and the

trustee felt my plan was under funded. So right now I'm paying 2400 a month to the bankruptcy court and I am barely able to live. I don't want to lose my house but I can't keep up these payments. Most of my debt waa unsecured except my house what should I Do? Can i file for voluntary dismissal and... Read more »

Nels Hansen
Nels Hansen answered on Oct 17, 2017

Chapter 13 is voluntary and in most instances, you can dismiss. Should you is the question. Contact your bankruptcy attorney. If you managed to get a chapter 13 confirmed without an attorney, you have really accomplished something as over 90% of pro se chapter 13 cases end up being dismissed. Your... Read more »

1 Answer | Asked in Bankruptcy on
Q: If I have been served bankruptcy papers, can they legally take 100% of my home if I only own 50%?

I had a shed built which was illegally done on my land.. I have been to court three times in all which they want to pay the amount of $20,000. The shed price they keep changing every time we went to court, now they have added all there court fees on top of the bill.. I do not have a problem paying... Read more »

Nels Hansen
Nels Hansen answered on Oct 17, 2017

It is impossible to answer your question with the information provided. You need to contact a local bankruptcy attorney to review the “bankruptcy papers” you received. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.

3 Answers | Asked in Bankruptcy for Kentucky on
Q: Do I have to go to court for bankruptcy
Nels Hansen
Nels Hansen answered on Oct 14, 2017

If you are the debtor, you will have to attend the 341 meeting of creditors. The meeting will be conducted by the Trustee. In a chapter 13 you may have to attend the confirmation hearing of your plan.

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1 Answer | Asked in Bankruptcy for Colorado on
Q: how long to close a chap 7 been discharged no asset or distribution
Nels Hansen
Nels Hansen answered on Oct 14, 2017

In a no asset chapter 7 the case will usually be closed within a week of the discharge.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Could i get funding for the fee of chapter 7. I own no property, car , and i just have ssi after my brain injury 2012.

i lost everything to bills.. cars, home of 18 years with equity and my marriage because i was not a asset any more .

Nels Hansen
Nels Hansen answered on Oct 11, 2017

Funding? No. However, you can file an Application to Have the Chapter 7 Filing Fee Waived. If all you have is SSI you may be judgment proof. Essentially, there nothing that a creditor could recover from you so filing may not even be necessary. You may wish to file for the peace of mind that you... Read more »

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I have 3 vechicles i have loans on. IF I FILE BANKRUPTCY CAN I KEEP PAYING ON ONE AND FILE BANKRUPTCY ON THE OTHER TWO
Nels Hansen
Nels Hansen answered on Oct 11, 2017

Same answer as before.

When you file bankruptcy you must list all of your assets and all of your creditors. If you are filing chapter 7 you must continue to make the contract payments on a secured car loan if you wish to keep the car. You can surrender the other cars and have any remaining...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: I have 3 car loans. Can i file bankruptcy pn 2 of them and keep paying on the car loan i want to keep
Nels Hansen
Nels Hansen answered on Oct 11, 2017

You asked this before same answer.

When you file bankruptcy you must list all of your assets and all of your creditors. If you are filing chapter 7 you must continue to make the contract payments on a secured car loan if you wish to keep the car. You can surrender the other cars and have...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: I have 3 car loans. If i file bankruptcy can i keep 1 car loan and keep paying on the loan
Nels Hansen
Nels Hansen answered on Oct 11, 2017

When you file bankruptcy you must list all of your assets and all of your creditors. If you are filing chapter 7 you must continue to make the contract payments on a secured car loan if you wish to keep the car. You can surrender the other cars and have any remaining balance after the cars are sold... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: Is it possible that a mortgage we thought was reaffirmed was actually discharged?

We filed chapter 7 in the summer of 2006 and reaffirmed our car loan and manufactured home loan. It has come to our attention that our mortgage was discharged in July of 2006 and has now fallen off of our credit report as of July 2013. (Shame on us for not keeping a closer eye!) We have been paying... Read more »

Nels Hansen
Nels Hansen answered on Oct 8, 2017

You need to contact your bankruptcy attorney before you do anything. Just because a debt does not appear on your credit does not mean you do not owe it.

If you reaffirmed the loan on your manufactured home loan, you are responsible for making the payments. It may be that the mortgage...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: When filling chapter 13, do you have to file on all debts?

We are current on our mortgage payments. We would like to avoid filling on the house.

Nels Hansen
Nels Hansen answered on Oct 8, 2017

When you file bankruptcy, you must list all of your creditors. This would include your house. Your plan will show how creditors are paid. Some creditors are paid directly by the debtor and others are paid by the Trustee. You are current on your house, you should be able to continue to make the... Read more »

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