This is too individually dependent on the facts to be able to answer such a general question with certainty. One thing I can say is that if you settle, you may have to pay taxes on the amount of forgiven debt. Debt discharged in bankruptcy is not taxable. Chapter 13 bankruptcy also involves added...Read more »
After bankruptcy we applied to modify our 1st and 2nd mortgage with Bank of America (originally with Countrywide). We completed packages over and over again. Finally Fannie Mae took our first mortgage away from Bank of America, placed it with Seterus and modified. They also informed us that... Read more »
This is impossible to answer on an online forum because a review of documents is necessary. Go see an attorney ASAP. Your best bet is to consult a consumer bankruptcy attorney because an experienced one will know about second mortgages that have questionable enforceability. In addition, loans held...Read more »
I visited a new subdivision & fell in love with a floor plan. The sales rep. was unengaged during my visit & any feedback I got concerning the community I had to ask for it. I went back a week later to view the home again and the same rep, told me I could not view it because it had sold. I... Read more »
It sounds like you have grounds for a complaint against the sales agency under the Federal and North Carolina's Fair Housing Act. You can do one of two things. File a complaint against the sales agency, or sue. I do not recommend suing on this kind of case without an attorney. A good place to...Read more »
this judgement has been in existence since 2008, I thought it was no longer there, when I did not see it on my credit. I am in the process of purchasing a home. The clerk at the courthouse said I could pay it off or make payments. Is there a way I can contact the Law firm that this judgement was... Read more »
Ms. Kurtz is correct. It does not go by the date the lawsuit was filed. If a new lawsuit to renew a judgment is not filed within 10 years after the date the judgment was signed, the judgment expired. Do NOT pay anything until you are absolutely certain the judgment has been renewed. You should take...Read more »
You can access these documents online for a fee. https://pacer.uscourts.gov/ has all of the information. You will have to register and create an account. This is much less expensive than getting copies from the Court in person. You could also perhaps get a copy from the attorney who handled your...Read more »
My question is the trustee did his final distribution report about a week & half ago and has abandoned all property in my ch.7 I can't get anyone to answer at the bankruptcy court to tell me if the decree has been issued And my attorney has stopped replying to emails!... Read more »
You probably won't be able to close on the home sale until yoou get your Discharge and the case closes. The title attorney may not clear the sale until then. The Discharge generally comes about 70-75 days after your first scheduled Meeting of Creditors. The Trustee files the report of no...Read more »
I do not dispute the validity of the debt but have tried to make small payments and have been advised payments are not an option. I am a single parent living solely on social security disability and have no other source of income. I do not own anything . I live with family. Should I go ahead... Read more »
Filing an Answer will delay the entry of a judgment against you for a little while. If you do not file an Answer, a default judgment will be entered. You may have some legal defenses if you were not notified about the sale of the vehicle properly, or if the sale was not conducted in a reasonable...Read more »
We built our house approximately 6 years ago and we have had several issues with the AC system since we moved in. The builder of our house used a subcontractor for our AC system. We have repeatedly reported issues about our system over the years and they kept sending out the subcontractor to fix... Read more »
I can not get my Bankruptcy attorney to contact me back or the Trustee. We have been discharged for 2 years and need to sell our home because of owning a business.. but i was told i cannot sell the home without the trustee saying yes. But I don't know what to do if the ATTORNEY... Read more »
The title insurance company is probably reluctant to approve title insurance for a sale until the Chapter 7 is reported as "closed". No attorney can tell you anything specific about your particular situation without reviewing the Trustee's Final Report. Any hapter 7 case where the...Read more »
the courts have accepted and approved the order the Ch.7 trustee did The final Report for compensation & applications & deadline to object. I just wanna know how long does it take to get the Decree showing closed? And my Bankruptcy attorney will not contact me nor will the trustee what... Read more »
The Clerk's offices are lightly staffed, with many staff working from home due to COVID. The same thing exists in the Bankruptcy Administrator's office. Things are taking a little longer than normal. I suggest you call the Clerk of Court and explain the situation. If the Clerk is waiting...Read more »
There is no way for us to give you a reliable answer to such a general question. You need to take the contract for purchase to an attorney and speak to the attorney in detail about what was said about the car and so forth, and what was wrong with the car.
There is no "lemon law" for a used vehcile in North Carolina. You need to personally speak to an attorney about what was represented about the car in order to determine if you have a case. This is way too fact intensive to be asked on an online forum such as Justia. In gereral, your...Read more »
the trustee of my Ch. 7 has already done his final report & applications for distribution. I was discharged 2 years ago & now i sold my home and we close next week & the case is still showing not closed.. even though he has already disbursed funds and courts accepted his final report... Read more »
The answer is in the final report you received. There is a line for your home, which shows it being exempted. If the final report is done, the case is closed and he cannot reach any new assets such as the proceeds from the sale of your home. Contact the attorney you used for your bankruptcy for the...Read more »
It is highly unlikely you would be able to discharge your student loans in bankruptcy under the facts you presented. It does add significantly to the cost of filing bankruptcy. You should have a personalized consultation with a qualified consumer bankruptcy attorney in your area for specific...Read more »
You generally have until midnight of the third business day after you sign a contract that resulted from an in home solicitation to cancel the transaction. You need to get a copy of what you signed and dispute the bill you received. If you waited until the 4th business day, it may have been too...Read more »
A bankruptcy trustee does not "recommend" a Chapter 7. If someone who owes you money filed a Chapter 7, the Trustee confirms their eligibility to file bankruptcy and looks for any assets which are not "exempt" that he could sell to pay the creditors. The Trustee will then file a...Read more »
My ex-husband has filed Ch 13 (originally CH 7 but converted to Ch 13). In our divorce decree he is to pay for 1/2 of what is not covered by insurance for our kids medical (owes $2832.67) and a loan that he was to get in his own name but never did and stopped paying so I started paying it since my... Read more »
You cannot change a dischargeable debt into a nondischargeable debt. It either is, or is not, dischargeable. It is very difficult for a non attorney to judge whether an obligation is a "domestic support obligation" or not. You need to take your separation agreement or equitable...Read more »
It depends upon how much the car is worth, how many other cars you own and how much equity you have in real estate. You will have to wait a minimum of 90 days after you purchase the car no matter what. Most consumer bankruptcy attorneys offer free consultations. You should consult personally with a...Read more »
I was called to hr at my job & given a letter stating. This was a temporary layoff/reduction in workforce & i filled for unemployeement & received it. THe determination was no work available. Yet the day after i was layed off the company brought someone else in & placed them in my... Read more »
Not really. An employer in NC can fire you or lay you off for any reason that is not discriminatory unless you have a written employment contract. If your unemployment benefits are equal to your pay, you have no case at all even if you can prove this was discrimination.
My neighbors dogs are always getting out and they come to our home. When I call them and tell them, they will not come and get them for days-weeks at a time. We have even taken them to the vet when they’ve needed medical attention. What are our rights in this situation?
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.