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answered on Aug 2, 2017
In almost all cases your student loan debt will not be discharged in a chapter 7 filing. It is very difficult to discharge student loans in bankruptcy. They may leave you alone for the few months you are in the chapter 7 but after that you would be back to dealing with the collection of the loans... View More 
answered on Jul 25, 2017
You are free to apply anytime after you file that you wish. It will be up to the creditor if they wish to give you a card or not. The discharge of a chapter 7 usually comes about 4 months after filing if all goes well. Some creditors may not even consider your application until after the discharge... View More
I understand I may be able to receive a refund from the garnishor of the wages garnished going back 90 days prior to the filing date (Jan/Feb - April)
answered on Jul 25, 2017
I recommend waiting until the trustee files a no asset report. When that is filed you are free to pursue the garnishment money. You might try a request to the creditor before filing an official motion. Remember it must be more than $600 dollars garnished by a single creditor to use 11 USC 547. Hope... View More
I have under 10,000 in debt and want to apply for for bankruptcy but I am on disability, creditors are calling can't do payment please give advise!
answered on Jul 23, 2017
The fact that you are on disability would not prevent you from filing bankruptcy. You do need to see a bankruptcy lawyer to review your assets and see if you have any property that a bankruptcy trustee might take from you. It is also a small amount of debt to file bankruptcy on so a lawyer may be... View More
answered on Jul 20, 2017
Usually, your score will drop some if you file bankruptcy but that is dependent on many factors besides the bankruptcy filing. I have had clients who saw their score go up shortly after filing bankruptcy. No set answer as everyone has unique circumstances. Hope it works out. Good luck!
answered on Jul 20, 2017
It is very difficult to discharge student loans in a bankruptcy case. You need to see a bankruptcy lawyer in your area and go over everything to see if this is possible in your situation. Hope it works out. Good luck!
answered on Jul 20, 2017
Short answer no you cannot get rid of child support in bankruptcy. You may be able to pay back arrears in a chapter 13 plan if you qualify. See a bankruptcy lawyer in your area to see what your options are. Good luck!
Joint debt and we share 50/50 on second debt. Am I now 100% responsible for both debts? If he stops paying on court order debts what r my options
answered on Jul 16, 2017
You have the right to hire an attorney and object to the dischargability in his bankruptcy of the the debts he is to pay in the divorce decree. You will have to decide if the amount of the debt that could come back to you will be worth the cost of an attorney to file the objection. Call an attorney... View More
I've had the bike for 11 years and finally went to the DMV to see if I still had a lean on it... I did not have a lien and was issued a duplicate title.. can I sell it?
answered on Jul 15, 2017
If there is no lien against the title you would be able to sell the bike in my state, Tennessee. If Rhode Island is a title state also you should be OK with selling the bike. Hope it works out. Good luck!
answered on Jul 7, 2017
I have never heard of the bankruptcy court or trustee installing tracking devices on vehicles. You could have issues with creditors who have a lien on the car. Talk with a bankruptcy lawyer near you and they can get more information from you necessary to answer your question. Hope it works out.... View More
answered on Jul 5, 2017
The Chapter 13 Trustee will normally file a Motion to Dismiss after a period of time with no payment being made. It might be as short as 1 month as the trustee notices no money or it could take a few months depending on the local customs of your Court. If you have an attorney you need to discuss... View More
I recently completed a ch 13 case in Virginia this year. the Ch 13 was 100% repayment plan. Before that I had a Chapter 7 that I got a discharge for in 2010. I did take and complete both the initial and final financial planning/management courses. Why would the court say I'm not eligible for a... View More
answered on Jul 1, 2017
If your Chapter 13 case was filed within 4 years of the filing date of the Chapter 7 , then you would not be eligible for a 13 discharge. You count filing date to filing date. If your Chapter 7 was filed in 2010 and the 13 was filed in 2014, within the 4 year time limit, the Court cannot grant the... View More
I recently moved from Sacramento California to Dayton Ohio. I accepted a job in Ohio and decided to postpone filing for bankruptcy in Sacramento. Will I be able to continue on with filing for bankruptcy here in Ohio If I have it establish residency yet?
answered on Jun 30, 2017
You need to be in Ohio for 91 days to establish venue to file. This is sometimes a matter of local practice so you need to see a bankruptcy lawyer in your area to see if any exceptions can be made for your situation. Hope it works out. Good luck!
my concern is can it be taken by the trustee. I will own it out right, no car payments.
answered on Jun 27, 2017
The bankruptcy trustee would not be looking at a car you purchased after you filed the bankruptcy case. It would not be property of the bankruptcy estate which is everything you have before you filed the chapter 7. There are exceptions to this rule but they do not involve a vehicle purchase. Good... View More
I am current on my bills but my money is about to run out. I am still a month or more away from descent employment. What can I do.
answered on Jun 20, 2017
Talk with a bankruptcy lawyer in your area. Chapter 7 or 13 may be an option. They can look at your entire situation and advise you what would be best for you to consider. Look on Justia for a lawyer near you. Hope it works out. Good luck!
answered on Jun 19, 2017
A strict reading of the bankruptcy code would say you do not have a case for failure to do the counseling. On top of that, almost no pro se Chapter 13 cases are approved in the first place. There is a certain amount of local practice as an answer to your question so I would strongly encourage you... View More
I have lived in California for 16 years.
answered on Jun 17, 2017
Yes. If you move you will use the California exemptions until you have been in the new State for 2 years. After 2 years you would then use the new States exemptions. There are exceptions to this rule if you live in more than one new State in the 2 year time period. Talk with a bankruptcy lawyer in... View More
I have a voluntary payroll deduction to my credit union. The money is split between three accounts - a savings, a club, and a loan. My attorney sent me a check and letter from my Credit Union which stated they were returning the money to comply with Bankruptcy law. It's everything that's... View More
answered on Jun 14, 2017
The payments within 90 days of your filing bankruptcy would be considered a preference under section 547 of the Bankruptcy Code. You may go back and pay the credit union after your bankruptcy completes if you wish to. Discuss with your lawyer if you have further questions. This is very normal and... View More
He failed to act on letters from trustee. Did not appear in court on the requests to lift the stays on my car. He told me he went and everything was ok. On April 11 they took my car. Now they are asking to lift the stay on my house. He has be inadequate about my case. Each time I have received... View More
answered on Jun 14, 2017
You are free to fire your lawyer at any time. Talk with other bankruptcy lawyers and see if they are willing to take over your case. It is very important that you have an attorney that you can work with in dealing with you 13 case. Look on Justia for a bankruptcy lawyer in your area. Good luck!
answered on Jun 13, 2017
Contact the Bankruptcy Court clerk.
J. Marvin Jones Federal Building
205 Southeast Fifth Ave., Rm 133
Amarillo, Texas 79101-1559
806.324.2302
They will able to help you.
Good luck!
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