Short of filing a bankruptcy, there is not a lot that you can do. Once the creditor that now holds the judgment, that creditor can have new writ of garnishment served on your new employer, garnishing 25% of your pay unless California has an exemption that protects more than 75% of your pay. The... View More

If your ex files a chapter 13 case, the chapter 13 trustee does not pursue the collection of a preferential transfer. Instead, the chapter 13 debtor is required to pay the amount that a chapter 7 trustee would be able to pay unsecured creditors had she filed a chapter 7 case and the trustee sued... View More

If the creditor is foreclosing on real property collateral, then the creditor is not violating the discharge of the debt. Liens, such as mortgages, are not discharged. Only the underlying debt is discharged. Thus, in this instance, you would must file a chapter 13 and attempt to restructure the... View More

The creditor has the right to take the position that it will only accept payments if you bring the loan completely current. If the creditor repossesses the collateral or commences foreclosure if the collateral is real property, you can file a chapter 13 bankruptcy. If the collateral is a vehicle... View More

What you have is a lease purchase agreement with your mother. If you have not filed your bankruptcy yet, then you and your mother should enter into a written lease which sets out the terms that you stated. In our jurisdiction, our UST office will allow us to show the auto lease expense on the... View More

If you have a long term written lease, then the landlord must abide by the terms of the lease. At the end of the lease, each party has the right to renegotiate the terms and if the parties cannot reach an agreement, the tenant moves out and the landlord has to find another tenant.

If you... View More

If you did not reaffirm the debt, then the underlying debt for the 2nd mortgage was discharged. However, the mortgage lien still remains. As long as you continue to pay your mortgage, the lender cannot foreclose in most states, and apparently Utah is one of them.

If your chapter 13 plan has not been completed and the value of the home on the Petition Date was less than the payoff balance on the 1st mortgage on the Petition Date, then an adversary proceeding needs to be filed requesting that the Bankruptcy Court strip the 2nd mortgage lien. If that is not... View More

There is no law in any state that precludes you from purchasing a home after bankruptcy or sets a time limit on the ability to purchase a home. However, find a lender to loan you money for home purchase is another matter. Most long term lenders will not agree to loan money for a home purchase... View More

If you are combining your income and paying the expenses of the household that way, then you should be shown as a family unit with 2 members and include all income and all ex.penses on schedule I & J. However, SS income is not included on the Means Test (Form 22).

You can file pro se, but according to a study performed by the US Courts in 2011, a chapter 7 filed by a pro se debtor is 8 times more likely to be dismissed than a chapter 7 filed by a debtor that is represented by an attorney. If you take the time to research the firm that you retain and hire an... View More

The need for filing of a bankruptcy petition is fact intensive. The only way to find out the answer to your question is to to take the time to meet with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases. Most bankruptcy attorneys will meet with you at no charge for the... View More

Sure you can hire a lawyer to do that. However, the lawyer will tell you that you are wasting your money. Bankruptcy is a public record. Thus, the information will be on Pacer for years to come. Right now, we can find some information on Pacer about bankruptcy filings in our jurisdiction that... View More

In some jurisdictions, you only need to send notice to the creditor that you filed bankruptcy as the debt was discharged even though the debt was not listed, provided your case was a no asset case. In the Fifth Circuit, our court of appeals held that reopening to add the creditor is allowed. You... View More

If your trustee's cases are on the Nation Data Center website, you can create a free account. After setting up an account, you can follow your case as money is paid to the trustee and paid by the trustee to creditors. Try this link to determine if you can set up an account:... View More

In our jurisdiction, our courts have held that that property cannot be sold for unpaid taxes while the automatic stay is in place. In most bankruptcy cases, the automatic stay becomes effective immediately upon the filing of the bankruptcy and stays in place as to property of the debtor until the... View More

Yes, you must list all assets and all debts in the bankruptcy schedules. However, you must continue to pay the mortgage loan if you want to retain the home.

Yes, but first a motion to divide the case or deconsolidate the case must be filed and additional court cost must be paid. One of you will receive a new case number and then either of you can file a motion to convert the case.

I assume that you are talking about payment of child support and the ongoing child support is being deducted from your pay as a result of a wage withholding order. If that is what you are stating and you are asking if you can pay the child support arrears through a chapter 13 plan and allow the... View More

You certainly have the right to call the creditor or the creditor's lawyer and make an offer. However, you cannot force the creditor to accept anything less than full payment of the judgment plus all interest accrued since the judgment was entered in 2011.

If you are considering... View More