You should contact the MS Department of Human Services, Child Support Collection Division to determine if you can get free assistance with the collection of child support.

Assuming that the bill is a payment on a debt for previous work performed the lawyer, the automatic stay that will go into place once you file for relief under the bankruptcy code will preclude any collection activity except for some types of collection for child support or alimony and collection... View More

Qualification to file for relief under chapter 7 of the bankruptcy code does not depend upon the number of creditors that you have, the amount you owe or whether you are behind on those debts. Qualification for a chapter 7 discharge depends upon your monthly income and expenses in relation to the... View More

There is no requirement that you owe a minimum amount that you owe or type of debt that you must have to file for bankruptcy. Also, there is no magic dollar amount or type of debt that says, you should file bankruptcy. There are many factors that need to be considered when making the decision to... View More

You can file a chapter 7, but you will not receive a discharge, so the filing would put another bankruptcy on your credit report and would give you no relief. You can file for relief under chapter 13 of the bankruptcy code and receive a discharge. The rule on when a new case can be filed is as... View More

The nondischargeable credit card debt is still an unsecured debt. All unsecured debt must be paid in the same manner through the chapter 13 plan. If you are paying 10% to unsecured creditors, that is all that the nondischargeable will receive through your chapter 13 plan. However, the unpaid... View More

Each of you are entitled to exempt up to $10,000.00 worth of tangible personal property, including such items as cash on hand, household goods, tools of the trade, animals, motor vehicles, medically prescribed items, and anything other than the listed items that has a value of less than $200.00.... View More

If you file a petition for relief under the bankruptcy code, you must list all creditors. Your question does not tell us what you want to do about the house mortgage.

If you want to walk away from the house and not owe the the debt, then you can discharge the debt which is secured by your... View More

A bankruptcy discharge order discharged your obligation to pay certain debts, but it does not discharge a lien, such the lien created by a deed of trust (another name for a mortgage). There are some types of liens on a homestead that can be avoided in a bankruptcy, but those liens are generally... View More

Until the bank completes the foreclosure, you are the owner of the property. As a result, you are responsible for maintaining the property. This is the reason I recommend to my clients that they stay in the home until the bank forecloses. If the property is a rental, I recommend to my clients... View More

You can file a motion to convert to a chapter 7. Whether your court requires that notice be provides to creditors or if the order converting the case without notice to creditors can be entered will depend upon the practice in your court. In our court and I believe in most, the judge will sign the... View More

If you have a confirmed plan that proposes to pay allowed general unsecured claims a percentage of the creditor's claim, the student loan claim will only be paid the percentage that was to be paid on the claim as it existed on the date the bankruptcy petition was filed. However, the student... View More

Student loans are nondischargeable in chapter 13 cases unless you file an adversary proceeding in the form of a complaint to determine the dischargeability of the student loan and the bankruptcy judge rules in your favor. If the student loan cannot be discharged, then the interest that accrues on... View More

You have a problem. A chapter 7 trustee may be entitled sell the entire parcel and give you your half of the net proceeds unless you purchase the half interest that the chapter 7 trustee has in the property.

You need to contact an experienced bankruptcy attorney ASAP. You can search for... View More

You were supposed to list all creditors, even the creditors that you wanted to continue paying. Most national lenders have purchased bankruptcy info from one of the three credit bureaus and the computer at the national lender downloads a list of all individuals that filed bankruptcy in the... View More

Mr. Kern is right about avoiding the lien while the bankruptcy case is open. However, you can reopen the bankruptcy case (court cost is $260.00) and file a motion to avoid the judgment lien provided your equity in the home was exempt at the time of filing. The key question is whether you knew... View More

Pawning a $250.00 piece of jewelry should not cause a problem with a chapter 7 bankruptcy, whether you redeem the jewelry and get it out of pawn before or after you file your chapter 7.

First, you do not reaffirm a lease or any other type of executory contract. Instead you assume the lease, which is a type of executory contract. The bankruptcy code states that to assume a consumer executory contract, you simply must send a letter to the lessor stating that you are assuming the... View More

The reopening of a case does not change the date of the filing of the bankruptcy nor does it change the discharge date. Your ex-wife's problem with her credit is much greater than a 2011 bankruptcy. I have clients that follow my advice that have a credit score in the high 600s (675 to 680)... View More

You can sign up with Pacer.Com and search for your case in your state. The cost to download documents that were filed in your case is $0.10 per page. If you live close to the bankruptcy court clerk's office, you can go by the court and purchase a copy from the court. Not sure what the cost... View More