Get free answers to your Bankruptcy legal questions from lawyers in your area.
A utility company says my spouse account is dischargeable bc I put his name but I listed that creditor twice bc I didn't have my account #
answered on Sep 2, 2022
The reason why the Bankruptcy Code requires you to provide a list of claims and creditors' names and addresses is so that all your creditors can be notified of the filing of your bankruptcy case and file a proof of claim, and to receive any distribution that might be available. But the... View More 
I am claiming extreme financial hardship and have a date set for the hearing.
I am aware of the judgement that was filed. I am planning to file Ch7 bankruptcy, however, I would like to stop the garnishment as quickly as possible. I will not be able to afford my rent next month. Is there anything I can do?
answered on Jan 18, 2022
The most effective and efficient way to stop all that stuff is to file for Chapter 7 or 13 bankruptcy--but don't do it on your own. You need a bankruptcy lawyer to guide you through the pitfalls of the process.
Good Luck
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I had a voluntary dismissal of my chapter 13 case about 3 weeks ago. I received notice that the case was closed one week ago. However, I have not received trustee's final report and account. What is it?
How long does it take to get?
answered on Oct 29, 2021
Although I am not licensed in Arizona, and it can vary from one Chapter 13 Trustee's office to another, I can tell you that often the Trustee Final Accounting Report can, generally, take from 2 to 4 months to be issued by the Trustee. This will vary quite a bit from jurisdiction to... View More
i was served in a suit for a debt collection by a debt collector , the suit is for $6000, can i close a savings acct in another state from were i was served ,
answered on Sep 16, 2021
Assuming that the creditor has not yet taken a judgment against you and issued a writ of garnishment, yes, you are free to do what you like with your assets.
You should be aware, however, that if a judgment or judgments are at some point entered against you, the creditor may have an... View More
I received a discharge date on 5/8/19 on a Chapter 7 no asset. Pro se. The trustee submitted the final accounting report and Judge signed on 12/17/20. I was notified a settlement check went to the trustee. Does that mean they are going to re-open my case again? Can I hire an attorney to get my... View More
answered on Sep 1, 2021
I'd be shocked if the Ch. 7 Trustee did not return that check to whoever sent it, or relayed it on to you.
Several years ago, a Ch. 7 debtor I represented sold a car for $9,000 and had a check to himself in return. I advised him to have the buyer write a second check, to the Ch. 7... View More
Judgment I have against them, are in Chapter 13 BK in Tampa, FL - they broke the terms of the Automatic Stay to file the appeal & again to pay the fees after they specifically requested an emergency hearing in the BK Court to reimpose the Stay stating they can’t afford to see the case... View More
answered on Aug 10, 2021
I would not file anything without first having a lawyer review it as your filing is likely a violation of the automatic stay. Before you file anything anywhere, you likely will need to seek relief from the stay in Florida.
The debt has been sent to collections and as she has no contact with her ex-husband (she has tried but he is currently a fugitive wanted by Yavapai County in Arizona) they are still hurting her credit and forcing her to pay in spite of the court order that clearly details that he is responsible for... View More
answered on Aug 3, 2021
Fair Debt Collection Practices Act (FDCPA) helps protect consumers.
https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#809
You may want to retain an attorney to represent you, and see if you can get the collection... View More
It’s not in a bank account, but it is in a prepaid account and is only used for education expenses.
answered on Jun 16, 2021
Should be exempt as post petition funds if you’ve already filed.
We lived operated our business and worked at this non profit outreach and the owner trespassed from property to take our belongings and dumped our destroyed items in the neighbors parking lot ending in filing criminal damage to property of him. He also took door of shower room we had to use so him... View More
Got a judgement against me, checking wasn’t touched cause I get unemployment. My only source of money is Unemployment. I thought unemployment couldn’t be garnished. Especially if thats my only money source. I was pushed into filing bankruptcy on my own. Can’t afford no lawyer to get necessary... View More
answered on Apr 10, 2021
You have to object to the levy and provide proof the source (unemployment) as well as the transfer. If you can prove both, you get your money back.
Now my home is being sold to pay off creditors, what should i do?
answered on Apr 9, 2021
Consult your bankruptcy attorney or hire one to evaluate your situation.
answered on Mar 18, 2021
You lose your discharge (the whole reason you are filing for bankruptcy protection), the court could determine that all your current debts cannot be discharged in a future bankruptcy and other sanctions, the trustee will get a judgment against you which they can collect by garnishing wages or bank... View More
This is for Texas not Arizona.
answered on Dec 6, 2020
I am very sorry to tell you, but if you filed a bankruptcy - it does not go away just because you don't "go through with it". Perhaps this blog will help you understand: https://dianedrain.com/bankruptcy-stays-on-your-credit-report-even-if-case-dismissed/. Moral - NEVER file a... View More
Bk coming off credit in January 2021. Do I need to refinance and reaffirm to get the home back in my name?
Are there any pro bono attorneys for elderly people who have limited income. What does commingle funds mean?
answered on Sep 10, 2020
No, unless you commingle funds - see 42 U,S,C Section 407(a) and SEC 207. I am happy to provide a free bankruptcy consultation for Arizona residents.
I am currently with a bankruptcy legal team and fees will not be completed till November. I have been summoned to pay garnishments. I spoke with attorney and they stayed fee needs to be paid in full in order to file Chapter 13 until then can not give cease / desist on my garnished paycheck. Just... View More
answered on Sep 2, 2020
Some firms when dealing with a chapter 13 only, will allow fees through Chapter 13 Plan. This does not apply to Chapter 7. Ask them if you can put fees in Chapter 13 plan and if not, why.
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