A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

A: This is a lay-person term for being uncollectable. There is really no such thing as really being “Judgment Proof” as a bar to being sued. Any one can be sued for anything. A Plaintiff can be granted a judgment, despite the Defendant’s holdings, or lack there of. Once the judgment is... View More

A: Once you file the docs in the Fed court, you should put the case number on a Suggestion of Bankruptcy and file it in the State court. Otherwise, they will not know the Bky Stay is in effect.

A: No, married people can file Bky individually; however, if you work, your income and paystubs must be disclosed.

It takes 10 years. It cannot be properly removed. Anyone who tells you they can remove it is a suggesting improper/illegal activity. If they do get it removed, it will only be temp. and will reappear.

A: Generally, NO. Such a debts from prior to filing should be dischargeable, unless the granting of credit was based upon fraud. If they attempt to collect, you should advise your attorney, as they could be liable for sanctions.

A: Jurisdiction is determined where you have resided for the last six months. However, exemptions are determined via a 522 examination, which requires reviewing where you resided for the majority of time over the last few years. If you are a law student, I strongly suggest you delay your filing,... View More

A: Filing a Bky will Stay (Stop) a foreclosure; however, unless you file a Chapter 13, which requires payments, your time will be very limited. Additionally, Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared... View More

A: Filing date to filing date for a chapter 7, you must wait until 7 years expires. So if you filed a chapter 7 on January 01, 2000, you must wait until January 02, 2007. However, if a Discharge was not entered, generally a matter is Dismissed with Prejudice, which means they cannot refile for at... View More

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

A: If the underlying claim arose prior to the filing of the Bky, you should include the claim in the Bky and file a Suggestion of Bankruptcy in the Small Claims Case. If the underlying claim arose after the filing of Bky, you still owe it.

A: Generally, if a Defendant in a PI case files for Bky, the Plaintiff files a Motion for Relief from Stay, so they can proceed against the Insurance Company; however, if the accident was relating to a DUI, the matter will not be discharged.

A: Easiest and cheapest way is just to stop making your Plan payments, and the Trustee will do it for you. Alternatively, you can file a Motion to Dismiss. Either way will require a hearing and the dismissal will be with Prejudice – you will be not be permitted to refile for at least six months.

A: Depends on how the matter was handled, i.e. Default, Summary Judgment, Trial, etc. After that, is depends on the diligence of the Plaintiff’s Attorney and the backlog at the Clerk of the Court.

A: There is no such distinction. When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

A: When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

A: A Notice of Satisfaction is filed by the Creditor/Plaintiff has been paid by the Debtor/Debtor. That does not appear to apply. I would suggest you have your attorney reopen you Bky to amend for matters. This may require the filing of Adversary Actions. An attorney has a requirement to Due... View More

A: The Bky court only looks to income prior to the filing. Generally, SS is exempt from the Means Test and garnishment; however, once it is your bank account the source is no longer considered, so it can be taken. However, before it is in the account, they cannot take it.

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

A: If you have a Refund, you have assets. If you have clothes, a car, a house, you have assets, though chances are they are exempt. If you are prior to the Meeting of Creditors and do not show up, usually a Trustee will dismiss the case, but if your expected Refund is sizable, the Trustee may... View More