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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

Even if you have no secured debt, the Court requires that you file the Statement of Intention form. It will simply indicate no secured debt.

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... View 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... View More

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.