Getting your student loans discharged is more difficult than a straight bankruptcy, so only someone who’s really familiar with it can offer counsel and represent you in court. You can find reputable attorneys by asking for a referral from someone you trust. Or, you can look at online reviews of...View More
The state of NC wants me to pay the tax bill. They are willing to sell the lien at auction but the attorneys are saying that I have to pay whatever they charge.Can the mortgage company not change the title to their name so that I am responsible. I have sent the attorneys my BK papers. Thank you xx... View More
Your Bankruptcy Chapter 7 discharge wipes out the obligation to pay back the loan; however, it doesn’t eliminate the mortgage lien. The tax laws are far too complicated for borrowers to understand and it's essential to get expert tax advice to sort through the confusing complications.
According to Colorado state law, as part of a protection order due to domestic violence, stalking, sexual assault, physical harm/threats or abuse of the elderly, the judge can order that the abuser not have or buy any firearms or ammunition for the...View More
I received a writ of garnishment notice from my employer stating they will start deducting from my paycheck on the 15th of this month. I have not received anything regarding this writ of garnishment before this. My employer actually deducted 80% from my last paycheck for this garnishment. I am... View More
You can protest a wage garnishment by filing papers with the court to get a hearing date where you can present evidence that you need more of your paycheck to pay your expenses or that you qualify for an exemption. The judge can terminate the garnishment or leave it in place.
The bankruptcy will most likely help you keep your car, but how you keep it may depend on which chapter you file. If you file Chapter 13 bankruptcy, you can pay off defaulted payments on the loan within 3 to 5 years. If you file Chapter 7 bankruptcy, you will need to negotiate payment arrangements...View More
You can catch up on your missed mortgage payments by filing for Chapter 13 bankruptcy. If you file for Chapter 13 bankruptcy, your lender can no longer proceed with the foreclosure, and you can cure your default.
Filing for bankruptcy when you’re behind on the mortgage creates some risk better not left to the discretion of the lender. Your lender may either demand that you get caught up right away or ask the court for permission to start the foreclosure process.
I need clarification on a question. My ex and I hired an atty to reopen a bankruptcy to include a PI case. She filed an appeal then sent contracts. When I ask questions she sends long emails and threatens to make me act as my own atty but won't answer my questions. She told my ex she is... View More
You must inform your attorney before you list or advertise your property and discuss what you want to do. Selling your property sometimes requires a court order that may take about thirty days to obtain. If the home’s sale can pay off your repayment plan, then you can expect a discharge of your...View More
If you purchased your ticket before you filed for bankruptcy, technically you should have listed the ticket in your bankruptcy schedules and must turn your winnings over to the trustee, unless you can claim the winnings as exempt. The winnings are proceeds from the ticket that became part of your...View More
The trustee or creditor must file a written objection with the court. You can settle the adversary proceeding before trial. If you go to trial and the judge approves the party's objection, then you will be required to repay the debt. If the judge rules against the objection, then your debt...View More
You may keep certain secured debts such as your car by reaffirming those debts. Reaffirmation agreements can be set aside during the earlier of 60 days after the agreement is filed with the Court or upon the Court’s issuance of an Order of Discharge.
I have a contract to buy a house, but the seller repeatedly extends the closing date. It seems like he is ensuring his proceeds will not go to his bankruptcy, but in the mean time I can't take full possession of the house. I'd like to close now, but is there a reason to allow him to... View More
Ex kept 1 car and even after attempts made by bank to make arrangements, he ignored and kept car. It is in my name. He has recently asked for me to go to DMV to request duplicate title. I do not want to as I'm sure the lien is still being held by bank and he was to be responsible for the car... View More
Involuntary bankruptcy is a legal filing by creditors, petitioning that the debtor is thrown into bankruptcy against his or her will. There are three basic requirements for involuntary bankruptcy. If the debtor has more than 12 creditors, it takes three creditors to file. First, the debtor must be...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.