Christopher Kern's answer 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 not file the appropriate motion. It is fairly common that these issues arise later down the road and cases must be reopened to avoid such a judgment lien. Contact an attorney for more information.
Christopher Kern's answer 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 keep paying. Note however that if you have equity in real estate you may NOT be allowed to keep it. Please seek an attorney's advice on this.
Christopher Kern's answer 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.
Christopher Kern's answer 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.
Christopher Kern's answer 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.
Christopher Kern's answer 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.
Christopher Kern's answer 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.
Christopher Kern's answer 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 corporation debts and collection against you individually could still proceed. If assets owned by the corporation secure the debt, the bankruptcy would prevent them from being repossessed or seized, without...
Christopher Kern's answer 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 repossessed, at least until the creditor asks for court permission to repossess it. Because I am not sure what you are asking, you should seek additional advice.
Christopher Kern's answer 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 the difference, or what is known as the deficiency balance.
Christopher Kern's answer 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 would be surrendered back to the lender. This is a short answer on a complex subject, so feel free to contact me for more information.
Christopher Kern's answer 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 homestead real estate. If your home value exceeds that amount, the difference must be paid to your unsecured creditors during the case. This is a short answer. Please contact me, or another lawyer, for...
Christopher Kern's answer 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.
Christopher Kern's answer 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 law to set aside transfers, and the Alabama Fraudulent Conveyance Act provides for the setting aside of transfers as long as ten years after they occur. This is a complex area and you should seek more...
Christopher Kern's answer 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 borrower fails to vacate the premises within ten days of demand made following the foreclosure sale. So, if a borrower wants to retain this right to redeem, that borrower must vacate. Otherwise, the...
Christopher Kern's answer 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.
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