If you are eligible for Chapter 7 (have not filed a Chapter 7 in the last 8 years and received a discharge) and pass the means test requirements now, then you can file at any time. Be sure and talk to a bankruptcy attorney near you so they can go over your situation and be sure you do qualify for...Read more »
If you are asking can you make to much money to file a chapter 7, the answer is yes. You may fail the means testing which would lead to your chapter 7 being dismissed for abuse of the bankruptcy system. See a bankruptcy lawyer near you and they can advise you of your best option in dealing with...Read more »
Depending on the State the exemptions may be better in one State vs. another. To prevent shopping for a State to bankrupt in, you must be a resident of a State for 2 years before you can claim that States's exemptions. This can be complicated depending on your assets. See a bankruptcy lawyer...Read more »
Yes. There is a $31 filing fee to add a creditor. If you think you may have any more, you could wait and put them all in one filing to save money. It's $31 no matter how many you add if you do it at one time. Hope it works out. Good luck!
Disabled senior citizen can't pay off credit card debt and need to file bankruptcy. I was told because I receive SSI, have no savings or checking account, own no property, no life insurance, on fixed income there would be no need to file bankruptcy. I closed accounts and destroyed credit... Read more »
There is no debtor's prison. If there was, over 50% of Americans would be in jail. You may very well be judgment proof and not need a bankruptcy filing. It would still not hurt to talk with a bankruptcy near you to get an opinion and to see all of your options. Most lawyers offer a free...Read more »
The trustee could be interested in your membership in the LLC. For instance, if you are a 50% member, then one half of the value of the LLC would be yours. It will depend on how much that would be worth and exemptions you may have. You really need to see a bankruptcy lawyer near you to determine...Read more »
It would if you jointly apply for credit together. Guilt by association. Best to only get credit in your name to avoid this problem. Another problem could be if she had joint debt with you when she alone filed bankruptcy. If she does file bankruptcy, check your credit a few months after her case is...Read more »
All of the statements and schedules and related documents included in the petition are public record. The exception is protection for full social security numbers, names of children, birth dates, and taxpayer id number. Upon a motion to the Court, sometimes other information can be kept private by...Read more »
Your chapter 7 case would only involve assets you own. If the home is not yours ( the deed is not in your name ) and it has not been in your name in the past, then the house would not be property of your bankruptcy estate. See a bankruptcy lawyer near you who will be able to review all the facts of...Read more »
You may receive a discharge in a chapter 7 case once every 8 years. You count filing date to filing date. Per your question that would mean Sept. 2019. See a bankruptcy lawyer near you to review your options. Hope it works out. Good luck!
Depending on the terms of the auto contract you may very well be liable. It also depends on whether your cousin gives the car back to the creditor or decides to keep it and pay the loan.Read the contract carefully and it will address the default of the loan and what happens. Talk with a bankruptcy...Read more »
Yes, that is one of the main benefits of a bankruptcy filing. What is called the "automatic stay" goes into effect when your case is filed and it acts as an injunction against any contact with you by a creditor in most cases. Talk with a lawyer and see if bankruptcy would be a good option...Read more »
I am not aware of any situations where your chapter 13 would impact your husband's law license. Talk with your local bankruptcy lawyer and I am sure they would know if that is a problem. I have never heard of that happening in over 30 years of bankruptcy practice so I would not worry about it....Read more »
Generally, the inheritance will be property of the bankruptcy estate. If you have a lawyer you need to talk with them about what your local court does in these cases. It probably depends on how much you are talking about. If you do not have an attorney I would suggest you call the trustee and ask...Read more »
You do not have to but it might save a lot of explanation down the road. You might ask the court clerk if you can file an amended creditor name and address as the debt was listed in the original bankruptcy filing, only the name has changed for the same debt. That might save you the $31 filing fee....Read more »
The bankruptcy filing is a public record and persons may review the case documents you file with the court. There are limited privacy rules that protect the social security number, names of your children and things like that. As far as who and how much you owe and your assets and income, this is...Read more »
If you become entitled to receive an inheritance within 180 days of the bankruptcy filing, that becomes property of the bankruptcy estate and belongs to the trustee for payment to your creditors in a chapter 7 bankruptcy case. You count the 180 days from the date the petition was filled. You should...Read more »
Generally, when you are in an active Chapter 13 case you cannot obtain credit, i.e. a loan, without court permission. There are very limited exceptions for emergencies that might come up like your appliances quit working, and you have to have a replacement freezer so your food will not spoil,...Read more »
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.