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I have a wage garnishment I tried to get help with. Without success. I received the run around. They collected for 6 monthes already and now they are after my pay again. The interest is more then the debt.
answered on Jun 7, 2017
You can file on your own without your husband if you qualify to file. You will have to see a bankruptcy lawyer in your area and go over your situation to see if bankruptcy is a good option. Equity in the home, other assets, your income and monthly expenses and the debts you have will all be part of... View More 
I am homeless and living with a friend. I get food stamps and medicaid. I have been homeless for years and not working due to my health. I keep being denied by SSI/D. If i file for bankruptcy, can i get my school loans dismissed? I have already had my loans changed to income based but I cant afford... View More
answered on Jun 7, 2017
While very hard to do, sometimes you can discharge student loans in bankruptcy. Many of the facts you indicate would be factors that a bankruptcy judge would consider. See a bankruptcy lawyer in your area and let them advise you if bankruptcy would be a good option. You can look on Justia for a... View More
I want to keep the property and reinstate it. The mortgage company doesn't seem willing to work with me.
answered on Jun 7, 2017
You will need to see a bankruptcy lawyer before the foreclosure date to determine if you qualify to file a bankruptcy case. Chapter 13 is most likely going to be the best way to stop the foreclosure and maybe keep the rental property. The IRS repayment can be dealt with in a chapter 13 plan and the... View More
answered on Jun 6, 2017
Depends on what the property is and most importantly is there equity in the property. The filer may be able to exempt their half of any value and the trustee could not take the non-filers interest. If real estate you may have a tenancy by the entireties issue. You really need to discuss with a... View More
Both my fiancee and I need to file for bankruptcy but we don't know if filing together once we are married is a good idea or file before we are married
answered on Jun 6, 2017
If you are both going to file anyway , you can save money by filing together. One filing fee to court and most lawyers do not charge more for a married couple to file vs. a single person filing. Look on Justia for a lawyer in your area and let them review your situation and see what would be best... View More
my husband and i have quite a bit of debt and our accounts kepp getting overdrawn. we were thinking about filing for bankruptcy however we dont own our car we make payments on it. so will we lose it?
answered on Jun 6, 2017
You may be able to claim the car as part of your bankruptcy exemptions. In most cases, there would not be a great amount of equity in a car anyway and you stated you still owe money on the loan. The better question may be whether the car creditor will allow you to reaffirm the remaining debt on the... View More
answered on Jun 2, 2017
Yes, only one of the married couple may file bankruptcy if they qualify to do so.If they are living together the non-filing spouse will have to account for their income and expenses as part of the joint family budget. If separated, then only the budget of the person filing bankruptcy would be used... View More
Trustee says i have to pay past due amount on my bankruptcy or do a written responsive pleading. I dont know what that means
answered on May 27, 2017
If you are in Chapter 13 and the Trustee has filed a Motion to Dismiss your case for non-payment, then you can either get the money to the Trustee that is needed to bring your Plan current or file a written response to the Motion to Dismiss that explains to the Court why you are behind in payments... View More
i cant find it anywhere, and i cant complete my credit counseling until i give the case number
answered on May 24, 2017
Look on the Notice you received that had your court date. It should be on there. Near the top of the page. Good luck!
answered on May 18, 2017
I would recommend you go to the Bankruptcy Court clerks office where your case was filed and they will be able to get this information for you. They can also provide you copies if you need same. They will also need your social security number as that is how your case will be identified in their... View More
answered on May 16, 2017
No, it will not get rid of child support. You may be able to pay back arreages in a chapter 13 plan. Talk with a bankruptcy lawyer and see if chapter 13 might be an option for you. Good luck!
answered on May 16, 2017
No, it does not discharge child support obligations. You may be able to pay back arreages in a chapter 13 plan. Talk with a bankruptcy lawyer to see if chapter 13 might be a good option. Good luck!
answered on May 11, 2017
Bankruptcy is not a good DIY project. The forms are very complicated and very few people are able to file their on case and obtain a discharge. Check in your area for a bankruptcy lawyer and shop around. Bankruptcy does not really cost that much and you can save yourself a lot of problems. Hope it... View More
answered on May 3, 2017
Under the 2005 Bankruptcy Law it became necessary to notify child support creditor and the State Child Support Enforcement Office of a bankruptcy filing. If you owe child support this is mandatory even if you are current in your payments. Your lawyer is required to give the addresses of these... View More
Do I have to file too
answered on May 3, 2017
No, you do not have to file bankruptcy. That would be a voluntary act on your part and your husband cannot force you to file. You may wish to talk with a bankruptcy lawyer to see how his filing bankruptcy may impact you and to look at your options. Hope it works out. Good luck!
think I need to file for bankruptcy. Is there a way to determine what type of bankruptcy is best for me (personal or business)?
answered on Apr 28, 2017
Need more information. Is the business incorporated, an LLC, partnership, etc. How were the debts incurred? For business or personal use. It can be complicated. See an attorney for advice on what would be your best option. The more information you can provide to the attorney will help them to guide... View More
even though he's still driving the car, or can I make him turn it over to me?
answered on Apr 28, 2017
If your uncle does not reaffirm the car debt then per the terms of the co-sign contract you may be liable for the debt. If he files a chapter 13 and pays the debt in full then you will be protected. See a lawyer for advice as to what your best options are. Under your State law you may be able to... View More
My chapter 7 no asset case was discharged 4/25/2017. But an attorney's office who I did personally notify about the impending bankruptcy filing, sued and got a judgment after I filed. The creditor they represented was listed in the bankruptcy filing, as was the pending lawsuit case number.... View More
answered on Apr 27, 2017
Yes, it appears from your statement of fact that a violation of the discharge injunction occurred. Definitely, get with your attorney and they may wish to pursue this before the Court. If you did not have an attorney, you may wish to hire one now for this issue as it would be very difficult for... View More
We sold the home & required to pay the loan the Lien at closing. Was this legal or should it have been dismissed per bankruptcy?
answered on Apr 25, 2017
A lien survives Bankruptcy whether it is listed in the schedules or not. Because the lien attaches to real estate, it follows the real estate until it is sastisfied. Any personal liability you may have had for the loan that led to the lien ( Debt) generally would have been discharged in a... View More
chapter 7 together and our car is our collateral on our personal loan can we keep our car?
answered on Apr 24, 2017
You cannot file a bankruptcy case together. Only couples that are married may file a joint case. If the car is collateral on a loan then you will have to work out something with the creditor to keep it or maybe file a motion to redeem if you file bankruptcy. See a bankruptcy lawyer and get advice... View More
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