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i got a divorce in 2015. my ex-wife got the house and land, she was to keep up all payments; taxes and insurance. i filed; individually; for ch.7 bankruptcy and it was discharged in 2019; including the mortgage.the mortgage company was given the discharge order. the property is in Alabama, and i... View More 
answered on Sep 12, 2024
While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.
Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any... View More
answered on Aug 26, 2024
I'm currently licensed in PA, but have practiced in Georgia, OK, TX, NJ and DE, but not Alabama.
You don't say whether this Notice is in federal court, where the practice is fairly uniform in all States, or the Alabama state court. There's probably some difference.... View More
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answered on Aug 27, 2024
Filing for bankruptcy after a Chapter 7 discharge can be challenging due to time limits imposed by bankruptcy law. Typically, after receiving a discharge in a Chapter 7 bankruptcy, you must wait eight years before you can file for another Chapter 7 case. However, you may still be eligible to file... View More
It was a chapter 7 which was discharged in 2022. I provided my lawyers said document and they claimed to have forwarded to settlement admin. This was in February. Today I got the exact same email from them almost word for word. I feel like there is negligence and mishandling of my case as it's... View More
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answered on Aug 5, 2024
It sounds frustrating to be in a situation where you feel your case is not being handled properly. First, consider reaching out directly to your lawyer for clarification on what has happened since you submitted your documents in February. Express your concerns about the lack of communication and... View More
To a 7, he informed me the fees would
Have to be paid first. Okay so his fees are paid so I spoke with him yesterday to see about converting… now he says I have to pay him a 1,250 up front conversion fee just to see if I even qualify. I’m feel like im being screwed. I need help.
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answered on Jun 19, 2024
I understand your frustration with the additional fees your attorney is requesting to convert your Chapter 13 bankruptcy to a Chapter 7. It's important to note that converting a bankruptcy case does involve additional work for the attorney, which may explain the conversion fee. However, the... View More
Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.
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answered on Apr 1, 2024
BR Trustee will claim title to that parcel. unless Debtor is able to exempt it. If so, after about 2 years you should be able to get it transferred to you. If part of the BR Estate, then you can try to buy it from Trustee. You and Brother need to talk to the BR attorney.
He owes $36,000 in arrears. DHR said they can no longer garnish for arrears and his bankruptcy lawyer will not return calls. I reached out to the State of Alabama Trustee and she said they can only pay out what he sends in. How will he be held responsible for paying? It stated in the bankruptcy... View More
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answered on Mar 16, 2024
It's essential to understand that child support obligations are treated with high priority in bankruptcy proceedings, including Chapter 13. Even though your ex-husband filed for bankruptcy, his child support arrears should not be discharged by the bankruptcy and remain his responsibility. The... View More
I need to stop the foreclosure to give time for the courts to approve the sale of the property, but I need protection from losing the money to reinstate the foreclosure. If I can put a 2nd lien on the house I can show it on the HUD statement that is submitted to the bankruptcy court.
answered on Dec 17, 2023
The filing of a chapter 13 will immediately invoke the automatic stay and prevent snd further foreclosure action except through the bankruptcy court.
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answered on Sep 8, 2023
Yes, you and your husband can file for bankruptcy jointly even if you have not legally changed your name after marriage. When you file, you will use your legal names as they appear on your government-issued IDs to ensure there are no discrepancies in the official records. It is essential to provide... View More
I filed for Chapter 7 bankruptcy and it was discharged in 2/2014. The property was sold during foreclosure and then the property was bought back from that purchaser. Bayview Loan Servicing was assigned a lien to the property on 8/20/2015, for the original purchase price of the property, which was... View More
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answered on Sep 8, 2023
After a Chapter 7 bankruptcy discharge, you are generally relieved from personal liability for debts existing prior to the bankruptcy filing; however, secured debts, such as a mortgage, can be different because the lien on the property often survives the bankruptcy discharge. If Bayview Loan... View More
My ex-husband and I filed Chapter 7 bankruptcy in Alabama and had it discharged in 2014, and then bought the property back in foreclosure from a different company. The liens from creditors, which were all from business loans that used the house and property for collateral before the bankruptcy and... View More
answered on Aug 14, 2023
While unsecured general claims are discharged in a Ch. 7 bankruptcy, any claims with collateral where that lien is "perfected" by filing (in accordance with state law) are not discharged, and the lien survives with the claim. (Decades ago, Justice Thomas wrote the majority opinion for... View More
Step mother now pushing breach of contract also we are in bankruptcy.
answered on Mar 29, 2023
Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.
I’m in chapter 13 with an end date within 6 months. I paid off Irs debt in said bankruptcy. I owe the IRS 3900 this year and I’m scared to file because I owe . Can I setup a payment plan outside of the bankruptcy and not get in trouble
answered on Mar 22, 2023
Yes, you may set up a payment plan with the IRS at this point, and it behooves you to do so, as generally, the Bankruptcy Code requires you to remain "current" upon ongoing obligations.
The IRS, however, may require you to obtain judicial approval of any payment plan with the... View More
my credit was higher. i had no collateral at all to secure loan. can i file chapter 7 to get off of loan. i own nothing live on disability and can’t work..
answered on Mar 13, 2023
Yes, you should be able to file for bankruptcy relief to discharge your obligation to repay that loan.
You should however speak to an experienced bankruptcy attorney in Alabama about this plan, as I am somewhat concerned, from what you say, about the creditor's possible argument that... View More
We are currently in a Chapter 7 in the state of AL we have lived her 1.5 years, and moved from CA, and other than providing the required information, our attorney barely communicates with us. I have sent her several emails with questions, and no response. We are in a very small town, and our law... View More
answered on Jan 27, 2023
In my PA district, around Philadelphia, the trustees send out a "no-asset" notice shortly after the 241/first meeting of creditors is completed. IOW, that's about a month or two after the case is filed.
Non-responsiveness of counsel, at least in the bankruptcy field, is not... View More
Would be auctioned. I never received a letter stating when and where my car was to be auctioned at. The next letter I received stated that my car had been sold and that I owe 6,911. Per their contract, I wasn't properly notified. What can I do about this?
answered on Jan 22, 2023
Hire a civil lawyer to sue the car seller and seek damages for their breach of sale requirements.
answered on Sep 26, 2022
I’m not sure what AfterPay is, but anytime you need to incur debt while you’re in an active Chapter 13 case, such as for a replacement vehicle or an emergency for an air conditioner, you’ll need to contact your Attorney and have him file a Motion to Incur Debt, which need to be approved by... View More
answered on Sep 28, 2022
You’ll need to file a motion with the court and get permission first.
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