Get free answers to your Bankruptcy legal questions from lawyers in your area.
We do not want to affect his parents and we do not want to lose the house. The equity is less than $150,000. Is there a way to file Chp 7 and still keep the house? Can my husband reaffirm? We cannot allow his parents to be affected at all.
Answer to Question from Lawyer:
The... View More
My payment is due this friday, but if I don't pay it because I'm filing bankruptcy next week, can they take my car right away?
answered on Sep 19, 2018
It all depends on the terms of your contract, but once you file bankruptcy, the stay will prevent a repo for several weeks.
I did not qualify for chapter 7 and choose not to file chapter 13. I have an excellent pay record with my creditors and want to continue that. Will they unrestrict my cards and allow me to pay as usual?
answered on Sep 4, 2018
Not until they receive notice of the dismissal. You may want to advise them what you’re doing.
answered on Aug 23, 2018
Most likely it will be considered a non-exempt asset which the trustee could sell to pay off your creditors. You should speak to a local attorney to review your exact situation, but most likely you're better off getting a home equity line mortgage to pay off your debts.
answered on Aug 17, 2018
You cannot make her file a bankruptcy, but you can file your own. Make sure to talk to a good bankruptcy attorney so both of you understand the issues related to filing (either by one or both spouses).
I just received this notice and I don't know what it is and what it means to me. Do I owe more money (that I don't have)?
It reads:
The final report shows receipts of: $3,506.00
and approved disbursements of: $1,983.36
leaving balance on hand of: $1,522.64... View More
answered on Jul 29, 2018
That is the interim trustees accounting to the uS trustee and the Court. The remaining monies will likely be disbursed to the unsecured creditors. You will likely not owe any more money.
up. Can I get the tax bill discharged if I decide to file for bankruptcy?
answered on Jul 25, 2018
It depends on several factors. Please understand that bankruptcy is a very complicated process, so you need to take time to educate yourself about bankruptcy before jumping into the unknown. As part of your education watch the Bankruptcy Court videos (link below) which explain the bankruptcy... View More
answered on Jul 7, 2018
Make a motion for leave to sell the real estate and escrow the proceeds to pay the debts.
husband and I are getting divorce. My choice. And we are in a little of debt with credit cards, lians, real estate payments, etc. I am unable to pay my bills and rent and we have been late in 2 months mirtage for an unfinished home and land. He also own a business together that has went bankrupt... View More
answered on Jul 7, 2018
Yes. If he won’t sign, ask the divorce court to order it sold and pay off the debts as you wish.
I filed bankruptcy and my hoa has placed a lean on my property.
answered on Jun 27, 2018
Depending on their value, the federal homestead exemption ($25,000) thefederalwildcardexemption ($13,025) and the federal auto exemption ($3,775) should be more than sufficient to protect these properties.
chance to recover it?
answered on Jun 11, 2018
No, court order child support and alimony are not discharged in any bankruptcy. You might want to hire a good bankruptcy attorney to help you through the process.
I was told by a lawyer that you can file an adversary proceeding against a bankruptcy years after it has been discharged, without re-opening it. Is this true? Everything I read online seems to disagree...
answered on May 28, 2018
You must reopen the bankruptcy in order to file an ap within it.
I have 30 years of experience in writing, editing and publishing. I live in Phoenix. The client, who resides in North Carolina, contacted me to help her write her memoirs. They are fascinating. The manuscript was completed in February 2018 and we were actively seeking an agent or publisher until... View More
answered on May 10, 2018
Yes, you need to contact a lawyer in the Federal district of NC where the bk is pending and have him check the filing out. He can then file, if necessary, the paperwork to intervene in the action and protect your interests. This is rather tricky, so you should not attempt it yourself
We fell behind on our mortgage payments. We have little debt but a lot (over $100,000) in home equity, so my spouse (NOT myself) filed Ch. 13 to protect our home about 5 months ago and have been making the mortgage payment and trustee’s payment. We just accepted a job offer out of state and now... View More
answered on May 8, 2018
It is very important that you contact your bankruptcy attorney. Most likely there is more than just the house involved.
Congratulations on the new job - I hope this is the start of a great new life.
The trustee makes my mortgage payment so I am not late with the current payment. The mortgage company states they report what the account was the day I filed. I filed 2 years ago and they just started reporting this in December 2017.
answered on May 2, 2018
Challenge it on your credit reports. If they can’t substantiate it, it should be removed.
We told him to we new nothing about how they work but I told him I did not want to lose my home and would be making payments on time and faithfully. We Gave our lawyer all debt secured and unsecured. We set up a payment plan paid all our payments on time and received a discharge. For the past 2... View More
answered on Apr 27, 2018
Was the debt for the 25k lien on your home given to the lawyer when you gave him the rest of the secured and unsecured debts? If so, he’s on the hook for resolving the 25k lien or having his malpractice carrier resolve it for him.
Own 2 homes and my current attorney said nothing he can do to lower 1150 mo payment because I own 2 homes. I make 32k now vs the 63k I was brought in on plan. I don't even make enough to cover my mortgage and the payment to trustee any longer please help I don't want to lose my homes.
answered on Apr 25, 2018
You can try and rework the Ch 13 plan but you may have to convert to a chapter 7 and let one of the homes go. Get a second opinion from another bankruptcy attorney before you do anything. Then you’ll have a better idea of what your options are.
answered on Apr 23, 2018
Chapter 7 can theoretically wipe out all debt through liquidation. Chapter 13 is individual reorganization and generally contemplated st least a partial repayment of the debt.
A creditor that is included in my bankruptcy petition has filed a civil complaint in justice court. I spoke with them today, they admitted they received notice of the bankruptcy last month (February 2018) but still filed the complaint in justice court this month and we were served with the... View More
answered on Mar 23, 2018
Yes, you should see a bankruptcy lawyer as this sounds like a violation of the automatic stay. You may be entitled to damages that could include attorney fees. Hope it works out. Good luck!
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.