Get free answers to your legal questions from lawyers in your area.
I’m trying to file a chapter 7 bankruptcy in Tennessee and need to know what is the median income requirement for a family of 3 in the means test ?
answered on Mar 29, 2019
The median income for a family of 3 is $ 5521 per month. That is the gross income. Hope that helps.
answered on Jan 7, 2019
The home will be property of the bankruptcy estate. Depending on the value of the home and your exemption will determine if the bankruptcy trustee will take the home and sell it. You really need a local bankruptcy lawyer to advise you of your options. Good luck!
answered on Dec 29, 2018
Sure! As long as the clerk's office is open you may file the papers unless you have access to electronic filing, which is 24/7. Do not forget that you must complete the Credit
Counseling Course before you file the case and then file the certificate you receive with the court clerk. It... View More
answered on Oct 26, 2018
Depends on the chapter you file. Chapter 7 discharges most debts while chapter 13 is a repayment plan. See a bankruptcy lawyer near you and they can advise what would be best for you. Good luck!
answered on Oct 26, 2018
If you file a Chapter 7 bankruptcy and receive a discharge of your debts then all listed unsecured debts in your petition will be gone and uncollectible by the hospital. Any new charges after you file bankruptcy would still be yours to pay. Good luck!
answered on Aug 29, 2018
You count 8 years from the filing date of the 2010 case in order to be able to get a discharge in a second chapter 7 filing. Filing to filing, not discharge to filing. Best to see a lawyer near you to see if you are eligible. Hope that helps. Good luck!
answered on Jul 23, 2018
Chapter 7 filings must be 8 years apart in order to receive a discharge. You count filing date to filing date. You can file a chapter 13 and receive a discharge in that case if it has been 4 years from the prior chapter 7 filing. Again, filing date to filing date. See a bankruptcy lawyer near you... View More
But do i file chapter 7 or 13
answered on Jun 7, 2018
You need to see a bankruptcy lawyer near you to answer that question. It depends on a lot of factors to determine what chapter you qualify for. We look at income, debts, and assets you may have. Without all of this information, it is impossible to advise you of your best option. Hope it works out.... View More
answered on Jun 4, 2018
Call the Bankruptcy Court Clerk's office for the area where you filed. They can usually look it up for you. A bankruptcy lawyer near you will also have access to this information on the internet. Good luck!
answered on May 24, 2018
No. Bankruptcy will not get rid of child support. Child support is specifically excepted from discharge in a bankruptcy case. You can pay child support in a chapter 13 plan in some cases, so that might help. See a bankruptcy lawyer near you to see what options you may have available. Good luck!
in my favor. How do I get them released at the local courthouse where they were filed. No one seems to know including my attorney. My bankruptcy is almost over so I want to make sure everything done correctly.
answered on May 15, 2018
In our area, we take a certified copy of the bankruptcy court order that avoids the liens and file that at the register of deeds office. I would think there would be something similar where you are. Call the register of deeds office and ask what they need to remove the liens. Be sure and discuss... View More
answered on May 11, 2018
For chapter 7 cases it is 8 years from the filing date of the first chapter 7. See a bankruptcy lawyer near you and they can advise you of your best options. Good luck!
I was in a car accident 2 years it was rule no one at fault and im now being sued and am also going threw bankruptcy... what do I do
answered on Apr 8, 2018
You need to add this creditor/lawsuit to your bankruptcy schedules. There is a $31 filing fee to add a creditor. You need to file the amended list of creditors before the case is discharged. If you do not have an attorney you might ask the clerk of court if they would show you the form to add the... View More
Her portion of the balance is $1000, does the bankruptcy forgive that monies?
answered on Apr 6, 2018
If she is filing a chapter 7 you may be able to enforce the divorce decree language. You will need a bankruptcy lawyer to file an objection to her discharge of these debts. It may be that the amount is not worth the cost to hire a lawyer, but you need to speak with a bankruptcy near you to... View More
filing or is there a way I can cancel my petition?
answered on Mar 24, 2018
It is possible to dismiss a chapter 7, but it must be by motion and is at the discretion of the Judge. You need to see a bankruptcy lawyer near you that will know the local customs of your bankruptcy court. You will not be in trouble for filing the case but, you may no longer need the bankruptcy as... View More
answered on Mar 24, 2018
Yes, most taxes, child support, alimony and criminal restitution are not dischargeable. Also, debts incurred by fraud would be non-dischargeable. See a bankruptcy lawyer near you to review your situation. There are other debts that may non-dischargeable depending on the circumstances. Hope it works... View More
answered on Mar 23, 2018
See if Section 707(b)(2)(D) of the Bankruptcy Code applies to your situation. If so, you may avoid the means test. Best to see a bankruptcy lawyer near you as the means test is only part of what the US Trustee looks at when reviewing cases for abuse. Thank you for your service to our country. Hope... View More
A creditor that is included in my bankruptcy petition has filed a civil complaint in justice court. I spoke with them today, they admitted they received notice of the bankruptcy last month (February 2018) but still filed the complaint in justice court this month and we were served with the... View More
answered on Mar 23, 2018
Yes, you should see a bankruptcy lawyer as this sounds like a violation of the automatic stay. You may be entitled to damages that could include attorney fees. Hope it works out. Good luck!
money recoverable?
answered on Mar 13, 2018
The actions by the credit card company may be a direct violation of the automatic stay in bankruptcy. You may be able to get your money back and even receive damages. Talk with your bankruptcy lawyer to determine your rights. If you do not have a lawyer, now would be a good time to get legal... View More
answered on Mar 10, 2018
Your chapter 13 plan may be able to avoid the lien on the property or provide for treatment of the items as secured. Either way, you should be able to keep the collateral. See a bankruptcy lawyer near you and they will be able to determine your best options. Hope it works out. Good luck!
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.