Get free answers to your legal questions from lawyers in your area.
James D and Sharon G DeBraal
answered on Jul 21, 2020
You can obtain a copy of your bankruptcy paperwork by either contacting your bankruptcy attorney or contacting the bankruptcy court where your petition was filed to obtain a copy. In both cases, there may be a fee associated with obtaining that information.
answered on Nov 5, 2019
Hello. If you only have social security income and your assets are exempt under the new mexico state exemption laws you may not even need to file bankruptcy. Your social security income may not be garnished by creditor and if your assets are exempt those cannot be taken either. Your creditors may... View More
answered on Aug 16, 2019
If you plan to keep the car and continue making payments, then your father will not be affected by you filing bankruptcy. However, if you fail to make the payments and they eventually repossess the vehicle then that will negatively impact him since he is equally liable for the debt you have... View More
answered on Dec 11, 2018
Yes. It will not only stop further lawsuits against you, but it will stop the pending lawsuit and the collection of any judgements that have been entered against you. In fact, if you have already been garnished, then that money that was taken in the 90 days before filing may be recovered as well.... View More
Can I do that even if foreclosure proceedings have begun?
answered on Nov 16, 2018
Yes. Just request a reinstatement amount if you wish to catchup what you are behind or a payoff amount if you want to pay off the full amount.
answered on Nov 16, 2018
No. Winning the judgement is just the first step for the company. After winning the judgement they have to collect on the debt. They will usually ask the court for an order from the judge that will allow them to take money from your bank account or from your wages. They also could file the... View More
answered on May 4, 2018
Yes, but the stay will only last the during the bankruptcy proceeding and the creditor may ask that the Court to terminate the stay. The judge in the bankruptcy case will make that determination based on the type of bankruptcy you filed and the circumstances involved. Usually, a judge will grant... View More
divorced. Is this legal?
answered on May 1, 2018
New Mexico is a community property state and either spouse can enter into a debt and make the other spouse liable. If you got a divorce that would end the community property and thus a debt incurred after the divorce you should not be liable. I would seek out an attorney and try to quash the... View More
to maximize my exemption options?
answered on May 1, 2018
No. New Mexico allows you to use either the Federal bankruptcy exemptions or the New Mexico State exemptions but you cannot mix and match the exemptions.
answered on Feb 26, 2018
Yes. The medical company could be using a collection company to go after you or they collection company may have purchased the debt from the original creditor. Either way, they are entitled to pursue you for the debt owed. The statute of limitations in New Mexico for collection of the debt is 4... View More
The alleged debt is over 14 years old. The letter, and the Fair Debt Collection Practices Act, says I have 30 days to dispute the debt or they will assume it is valid. Most online advice I read tells me, whether I think the debt is valid or not, to send them a letter and ask for more information.... View More
answered on Feb 9, 2018
You should ask that the debt be validated. It won't be an admission if the debt is valid or not. Also, it is good if they know your address, so if they do decide to sue you they will have a good address to send the summons and complaint. When you get sued, its important to respond to the... View More
My parents offered to pay my living expenses, they re-niged on their offer and left me with 17k of debt.
answered on Jan 30, 2018
Possibly. I suggest consulting with a bankruptcy attorney to see if you may be eligible to file a chapter 7 bankruptcy which would eliminate any unsecured debt. Most bankruptcy attorneys do not charge for the initial consultation.
answered on Jan 18, 2018
The short answer is "No". You can hire an attorney to prepare the case and your attorney can file the case for you while you are away, however, you will have to be present to attend the Section 341 meeting, also referred to as "the meeting of creditors", usually within 30-45 days after filing.
We are being service by lawyers for credit card debt, and other items we owe,
answered on Jan 18, 2018
Yes, you can file for bankruptcy. However, what type of bankruptcy available to you may be dependent on your income. Also, what choice of bankruptcy to choose will be related to your intentions with regard to what assets you wish to keep, for example whether you wish to keep your home. I... View More
I am buried in debt and I have no idea what to do next. I know I am also losing my job and soon will not be able to even afford rent.
answered on Jan 18, 2018
Please call a bankruptcy attorney right away. Most bankruptcy attorneys provide a free initial consultation and if you can prepared to give a summary of your financial situation they will be able to counsel you how to proceed.
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.