NEVER told about it. I went to my attorney and he told me that he would have to reopen the case to get it taken off. Just wondering is this correct? And why wasn't I told about this 3 years ago? The court was in Oxford, MS. The lien was Ford Motor Credit. Can anybody help?
There is a provision in bankruptcy law that allows a debtor to "avoid" or remove a judgment lien to the extent it impairs exempt property. This must be done while the case is still pending. If a debtor does not know about a judgment, or does not tell the attorney, then the attorney will...Read more »
Generally, ownership of real estate will not affect your right to file a bankruptcy. Often, debtors file Chapter 13 in order to catch up payments when they are behind on a mortgage. Often debtors file Chapter 7 to discharge debt but "reaffirm" a mortgage debt, that is, reinstate it and...Read more »
You can not do this with the intent to discharge that debt. This would be fraud and make the debt non-dischargeable. If you obtained a new account, and later, even shortly later, decide to file bankruptcy, this would not be fraud.
You use the term "debtor" but I think you mean "creditor", the party to whom you owe the debt. If you listed the debt in your 1997 bankruptcy and proper notice was sent and you received a discharge, the debt is no longer enforceable.
You can not be jailed for failure to pay a debt. The only exception is failing to pay a fine or contempt citation ordered by a judge. Technically, this is not failure to pay a debt, but disobeying a court order.
No, this is an obligation only of the deceased person. Note, however, that if the deceased had assets, the creditor may have the right to claim payment of the debt against the assets before the assets are distributed to heirs. You should get further advice in this regard.
It sounds like you are in a Chapter 13 case in which you make monthly payments under a plan. Yes, a plan may be modified after it is confirmed to reduce the payments if the financial condition of the Debtor changes.
Your question is not entirely clear. If you file a Chapter 11 for a business, I assume it is either a corporate business of which you own the stock, or a sole proprietorship owned by you. Because of your question, I am assuming it is a corporation. No, a personal debt is not listed in the...Read more »
It depends what you mean by "claim a car on bankruptcy." If you are making the payments, but the debt is another person's name, your bankruptcy will not affect the debt. If the car it titled in your name, it is a protected asset and your bankruptcy will keep it from being...Read more »
If two parties are liable on a note, and one files a Chapter 7 bankruptcy and discharges the debt, the other party is still liable on the debt. The vehicle would likely be surrendered to the creditor by the person who filed Chapter 7, and the vehicle sold. The other party would still be liable for...Read more »
Your question is a little general, and vague, but basically, a person can file a Chapter 7 bankruptcy and discharge (or make unenforceable) the debt owed on a vehicle. If there is a lien on the title to secure payment of that debt, however, the debtor will not be allowed to retain the vehicle. It...Read more »
A debtor can file Chapter 13 and keep assets, but the amount paid to the unsecured creditors over the life of the Chapter 13 case must equal the non-exempt value of the assets retained. This is known as the liquidation value test. currently in Alabama, a debtor may retain $15,000.00 per person in...Read more »
In general, surviving family members have no liability on a deceased debtor's debts unless they in some way guaranteed the debt in a separate transaction or the original note. If a probate estate is opened to administer any assets, creditors will be allowed to file claims against those assets.
Reaffirmation agreement and statement of intention do I have to include these document in my ch 7 bankruptcy when i go to the courts to file Monday being that i have no secured debts or nothing that needs to reaffirmed at all or do i include them but leave them blank
Under federal bankruptcy law, specifically, Section 548 of Title 11, a trustee can set aside the transfer of an asset that occurs within two years of the filing of a bankruptcy petition, unless certain defenses exist. Additionally, however, Section 544 of Title 11 allows a trustee to use Alabama...Read more »
An important principle is involved here. Under Alabama law, the mortgagor (borrower) has one year to redeem a property after a foreclosure sale. Redemption is the right to buy back the property by paying the amount that it was sold for at the foreclosure sale. This right, however, is lost if a...Read more »
property; and to bill the customer for the Hazard Insurance purchased by the customer? Our attorney provided all required documents to the lender; customer's mortgage record states discharged bankruptcy. Yet they continue to bill us for the loan payments and the insurance.
A discharge order in bankruptcy acts as a permanent injunction against the collection of a debt discharged. Sanctions may be imposed against a creditor who willfully continues to collect or attempt to collect a discharged debt.
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.