answered on Jun 14, 2015
There are not enough facts to know what you are asking. Some examples are:
If a chapter 13 bankruptcy is filed and the value of the collateral plus the interest rate required by the bankruptcy court is paid and insurance is maintained on the collateral, then you can keep that collateral... View More
answered on Jun 14, 2015
No. There are numerous exceptions to discharge of certain debts in the bankruptcy code. Some apply in chapter 7 and chapter 13 cases and others only apply in chapter 7 cases. One that applies in cases filed under both chapters is the nondischargeability of debt that is owed as restitution in a... View More
I am filing bankruptcy and the forms ask whether each debt I list is disputed. What does that mean?
answered on Jun 12, 2015
If you believe that you do not owe the money, that you do not owe as much money as the creditor claims that you owe or if you dispute that the claim is secured, then you should check the disputed mark.
That issue would be a very simple concept for an attorney. If you are having problems... View More
answered on Jun 11, 2015
If you are represented by counsel, ask your attorney. If you filed pro se, let the trustee know that you received the check in writing, requesting instructions from the trustee as to whether he/she wants the funds turned over to her/him.
have not been court yet but they issued a with holding order the amount is not even possable and i still eat i want it dropped and give house and car back like right now how can i do that and stop the with holding he didnt explain nothing just said sign
answered on Jun 11, 2015
Set up an appointment with your attorney and meet with him/her and explain what your needs are. Your attorney may be able to file an amended plan surrendering the home or the auto and keeping the other item which will reduce the payment to an amount that you can afford and can still pay your normal... View More
The bank stopped the sale because I was willing to work out a plan. The bank and I are still working things out but I found the house is in foreclosure with sale tomorrow June 9. Can they sell? No classified legal notices have been printed in local newspapers in regards to sale.
answered on Jun 9, 2015
Unfortunately, I did not see your question yesterday. If the foreclosure sale was set for June 9th, then the sale was probably conducted on the steps of the courthouse for the county in which your home is located at 11:00 a.m. earlier today. To complete the foreclosure, the Trustee's Notice... View More
I had to move out and the owner of the property filed eviction papers and was awarded the trailer. What should I do, declaare Bankruptcy, call treasury and tell them or what. The payments are still being taken out of my disabilty check (ssdi) and the money being deducted would make it alot easier... View More
answered on Jun 9, 2015
What is happening is called a setoff. Each month the USA owes you money in the form of a monthly SS disability benefit. The Treasury Department (a part of the USA) is keeping a portion of your SS Benefits and applying it to your debt owed to the FHA (also a part of the USA).
If you call... View More
answered on Jun 8, 2015
You can go to the bankruptcy court clerk's office and use a computer at the clerk's office to look up any bankruptcy filing.
If that is not practical, you can sign up and use PACER. Go to Pacer.Com to do that. The charge is $0.10 per search and $0.10 per page of any document... View More
I have another 15 years of payments on a 30 year mortgage. The house is valued at $150,000.
answered on Jun 8, 2015
The value of the home is not important, the equity in the home is. If your home is valued at $150,000.00 and you owe $150,000.00 or more on the mortgages on the home, then you have no equity. If your home is valued at $150,000.00 and you owe $50,000.00 on the mortgages on the home, then you have... View More
answered on Jun 7, 2015
It is possible to transfer property while in a bankruptcy proceeding. To do that, your attorney must file a motion to authorize the sale or transfer of the property. In some instances, a property can be sold for less than the total amount of the liens which are secured by the property. This... View More
I want to file bankruptcy on medical bills from my wife having cancer, but I am worried about my house that I have been paying on for 15 years. Can I get rid of the medical bills and still keep our home?
answered on Jun 7, 2015
Massachusetts has a very liberal homestead exemption, which is $500,000.00. The exemption is normally used to exempt the equity that a debtor has in his/her homestead. There are other factors in the bankruptcy code that can limit the exemption in certain situations. If your wife is disabled as a... View More
answered on Jun 7, 2015
There are two forms that must be completed so the office of the United States Trustee can determine if a bankruptcy debtor's chapter 7 filing is an abuse of the system. One is called the means test and the other is schedule I & J in the bankruptcy schedules. I have met with a significant... View More
Can I just fill out the forms and take them to the court, or do I have to get a lawyer?
answered on Jun 7, 2015
There is no requirement to retain an attorney. However, your chances of getting the relief that you are entitled to receive will be greatly enhanced by retaining the services of an experienced bankruptcy attorney. Through the years, I have been retained by clients that tried to file their... View More
answered on Jun 5, 2015
If you are filing pro se, you should call the bankruptcy court clerk's office to find out if mailing your petition to the clerk is acceptable. However, you should take the time to reconsider filing for relief under the bankruptcy code without the assistance of counsel. Last month, I was in... View More
I would like to know when he filed and where.
Being a creditor, I was not notified.
answered on Jun 3, 2015
Bankruptcy attorneys use a service call PACER. Anyone can set up an account on Pacer.Com. Cost for each search is $0.10. Cost per page to view documents, including the court docket is $0.10 per page with a maximum cost of $3.00 per document if the document is over 30 pages long.
I have a judgement on my home can it be cleared off with chapter 7 bankruptcy chapter 7
answered on Jun 2, 2015
If 100% of your equity is exempt under Pennsylvania law, you should be able to avoid the lien under § 522(f) of the Bankruptcy Code. However, you should take the time to meet with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases since sometimes a chapter 13 ends up... View More
I filed a chapter 13 bankruptcy in Wyoming in 2009 I had a 5 year plan to repay 81K which I was able to pay this off in 3 years and was granted a discharge.
My problem is that I had 2 secured loans and one unsecured with my Credit Union and I had them and the 3 loans listed on my creditors... View More
answered on May 31, 2015
If the debts were properly listed, the creditors failed to file a proof of claim and you received your discharge, the obligation to pay the debts were discharged. However, the liens on the collateral are still there as bankruptcy discharges debts but does not avoid liens unless you take certain... View More
answered on May 30, 2015
There is no specified time frame in which you must wait to file for divorce. Depending upon the facts, in some instances it is better to determine what your obligations are in a divorce decree before you decide to file a divorce. In other instances, the timing of the divorce and/or bankruptcy are... View More
I've only made 3 payments on the bankruptcy so far, but I just put my house up for sale and it sold quickly because a family member bought it. I've read that it is difficult to payoff a bankruptcy early.
answered on May 30, 2015
I assume that you did not call your bankruptcy attorney before you sold the house or you don't have attorney and filed your bankruptcy pro se, because I cannot imagine that a bankruptcy attorney told you that you could sell your home without court approval.
If you have a lawyer, call... View More
Will it show bankruptcy on my credit.
answered on May 30, 2015
His bankruptcy should not show up on your credit reports. However, when the cars are repossessed, the repossession of each of the vehicles will show on your credit reports and the fact that the promissory notes are in default and in collection will show on your credit reports unless you make the... View More
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