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My vehicle was repossessed. I want to file emergency ch 13 and get it back
answered on Jul 6, 2021
You'd better move quickly! You may need to pay the repossession charges, depending on the procedure in your district.
This is a question for a family memwber not myself. Bankruptcy is due to a debt from a failed sole proprietor business, they no longer have a bank account into heir name due to business and those accounts being closed, due to debts they are unsure if they will be able to get an account at Bank or... View More 
answered on Jun 30, 2021
That can cause a lot of mess and confusion for your spouse in her bankruptcy.
Do you want to do this? I suggest that you do the responsible adult thing and GET YOUR OWN BANK ACCOUNT!
Like putting my wifes debts on the petition . And did not including 2 large withdrawals 8000 and 3000 that my wife took out of our joint account to buy a vehicle
answered on Jun 30, 2021
I have noticed that any time there is an issue it is the lawyer's fault. While that may be true, your answers and statements in your bankruptcy petition, schedules and statements are made under penalty of perjury and you are ultimately responsible. The government prosecutes bankruptcy... View More
I thought chapter 7 protected the property but the trustee says he will use the finance from the sale to pay my debts. The will was not put through probate court in 2016 when I received the wills. Based on this information, what remedy do I have?
answered on Jun 28, 2021
Your bankruptcy "Estate" includes any interest in property that would have been property of the estate if you acquire, OR BECOME ENTITLED TO ACQUIRE the property within 180 days after filing your case. If the person from whom you inherit died before, or at any time within 180 days after... View More
answered on Jun 25, 2021
If you own your home and your car with no loans or liens against them, you are likely to lose them in a Chapter 7, unless they are of very low value and lower than the Illinois exemptions. Your bankruptcy trustee would be entitled to sell your "non-exempt" property and distribute the... View More
answered on May 7, 2021
That would be one solution, assuming that bankruptcy makes sense otherwise. If he has low income, owns little or nothing, and has other significant deaths, this could be a reasonable option.
My stuff being taken and that if they are not the correct bank accounts I'm ok
answered on May 6, 2021
Interesting! So the sheriff is now giving legal advice! Being licensed only in Missouri and Illinois, I cannot speak to Pennsylvania law. In Missouri, we have laws that exempt certain types of property, and sometimes certain amounts of value, from execution. However, a person still has to make... View More
answered on May 4, 2021
The easy answer is call an attorney and spend an hour determining what your parents left in the way of assets, then follow the attorney's advice. That is the first step.
Often our parents leave a variety of types of assets - life insurance, retirement accounts, investment accounts,... View More
Our combined debt is about $40K and we cannot afford to pay such a high price for a lawyer right now. We want to be able to buy a home in the near future, and are considering settling each debt individually or filing BK if that would be more affordable.
answered on Apr 8, 2021
I realize the cost of the living is higher in California, but that seems like a lot. Nevertheless, if you have a complex situation, such as running a business, this may be justifiable. The most logical solution is to seek out another lawyer or firm, or ask the attorney what justifies the fee.... View More
Also, would this prevent having to file bankruptcy?
answered on Mar 26, 2021
You can certainly make an offer or lump sum payment to stop a garnishment, assuming the creditor will agree. This will not keep you from filing bankruptcy, however a large payment to a creditor within 90 days of the date you file bankruptcy would be deemed a preference, or a preferential payment,... View More
They have since sold the store to another company. We were suppose to file for unemployment but now they are telling us we can't cause the other company bought our store. The other company wants for us to fill out new job applications. The Store closes on March 31, 2021. So who am I... View More
answered on Mar 26, 2021
This is not a bankruptcy question. It is actually a question about Illiniois unemployment compensation. I do not handle unemployment issues, but I believe that you would be ineligible for unemployment if there is a job offered to you with the new company and you decline. Even if one is receiving... View More
chapter 7
answered on Feb 26, 2021
If you're buying with cash, you can buy right away. Is that answer easy enough for you.
Do I have to give the trustee my tax refund in chapter 13 bankruptcy? I called my attorney and spoke to a Lady in the office and she said that the trustee doesn’t take tax refunds anymore. Wasn’t able to speak with my attorney personally.
answered on Feb 22, 2021
I do not practice in Alabama, so that question would be dependent on the local bankruptcy rules that govern your case. In the Eastern District of Missouri, where I practice, the local rules require that debtors turn over their tax refunds (over a specific allowable amount) to the Chapter 13... View More
My mom was listed primary beneficiary on my Dad's life insurance policies but died before receiving the payout. My parents did not have a will cuz everything was covered with beneficiaries and transfer upon deaths. Well except for inheritance of my Dad's life insurance money because we... View More
answered on Feb 7, 2021
A small estate affidavit should be sufficient for this purpose. By this I mean an Affidavit for Collection of a Small Estate that has actually been filed in the Probate Court of the County in which your mother was domiciled when she died. It should have a case number and be approved by the Court.... View More
answered on Dec 1, 2020
There are several ways that you can potentially obtain the funds on deposit in his account. The easiest would be your father's account had a POD provision payable on death) to you or JTWROS (joint tenant with rights of survivorship) to you. In that event, a certified copy of his death... View More
I retained a lawyer in July2019. Gave them all documentation plus a summons that I was being sued by a creditor. We filed the bankruptcy july 2020 and it has been discharged 2 weeks ago. I get a call from the attorneys office stating that they received a judgement in the mail that went to one of... View More
answered on Nov 18, 2020
That is an interesting set of facts. I must advise you that I am not licensed in New York, so I can only discuss how I believe things would be in Missouri under Missouri law. This means that you will need the services of an experienced bankruptcy attorney in New York. Perhaps I can at least... View More
My father died coming up on 2 years ago. I have 2 siblings. My oldest sister stepped in and took everything. 2 vehicles 3 houses and whatever money there was. Can I still send it to probate? He lived in Missouri at the time of his death.
answered on Nov 7, 2020
The period in which an Estate must be opened in Missouri is One Year from the date of death. I'm not sure how your sister was able to take everything without a probate estate being opened. If the 2 vehicles and the 3 houses you mentioned were titled in such a way that your sister became the... View More
answered on Oct 29, 2020
No. A secured debt is a debt secured by the collateral in your possession. When the vehicle is repossessed by the Creditor, the collateral is in the Creditor's possession and the debt is no longer "secured."
I explained they were not separate checks. I have given my tax returns each year of the bankruptcy. To the trustee and lawyer. Why now would the lawyer want pay statements reflecting bonuses? I am current on all payments, it comes directly from my company to trustee. Just confused since it was... View More
answered on Oct 28, 2020
In our District, the Court and the Chapter 13 Trustee require that the debtor pay a portion of all bonuses received into their Chapter 13 Plan. Bonuses are additional income and the debtor is required to use his or her "best efforts" to fund the Chapter 13 Plan and pay a meaningful... View More
My Mom is incapable of handling her debt . Can I file BR and include her debt I am cosigned on ?
answered on Oct 26, 2020
You should be able to file a bankruptcy case for your mother under the authority of a suitable power of attorney in the instance where she does not have the mental capacity to participate and handle her own filing. The U.S. Trustee, which is the branch of the Federal Government that monitors... View More
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