Get free answers to your Bankruptcy legal questions from lawyers in your area.
I'm looking to sell my home, which was homestead exempt in my bankruptcy discharged in December 2015, with the case closed in January 2016. However, my attorney, now a sitting judge who cannot assist further, did not file for a record of release from a creditor judgment included in my... View More 
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answered on Mar 21, 2025
You might file a quiet title action against the asserted creditor. Hopefully your BR Petition included that creditor. If not, the the SOL for collecting may have run.
I recently had a repossession, and now the creditor is trying to file a judgment to garnish my wages. I received a letter today specifying the amount of the debt they aim to collect. I attempted to arrange a payment plan and had been paying online, but one day the payments stopped processing, and... View More
answered on Feb 26, 2025
Yes. You can. But you should sit down with a bankruptcy professional who can assess your entire financial situation before you do anything.
I’ve had a change in job positions and had had to stop paying my credit cards, which is affected my credit therefore, I don’t have the credit to refinance. Can I claim bankruptcy and include the house and the amount owed in the bankruptcy and keep the house. Would want the repayment type of... View More
answered on Jan 13, 2025
The "repayment type of bankruptcy" is a Chapter 13 bankruptcy case, which is fortuitous because, thanks to a Supreme Court case penned by Clarence Thomas (that flies in the face of Section 306 of the Bankruptcy Code), a debtor cannot modify a home loan in a Chapter 7 case.
Note... View More
answered on Jan 12, 2025
Unless the judgmemt (you don't say whether its been entered or become final) is deemed to be a perfected lien against all Arkansas assets under Arkansas law, the filing person can discharge the small claims court judgment debt.
The non-filer will remain liable to the judgment creditor.... View More
Was 01/23/2024 so today which is 02/23/24 the department of education file a claim a month after the deadline what will happen about this
answered on Feb 23, 2024
From the facts you provide, it appears that as the Ch. 13 debtor in possession, you/your lawyer can file an Objection to the Proof of Claim. So can the Ch. 13 Trustee, or, alternatively, the 13 Trustee can file a Motion for Authority from the Court to pay Claims, showing the DoE claim as getting... View More
Line for filing a claim in my chapter 13 bankruptcy was 10/05/2023 for non gov and 01/23/2024 for government claims
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answered on Feb 24, 2024
Based on the details provided, it seems the US Department of Education filed their claim after the deadline for governmental entities to file claims in your Chapter 13 bankruptcy case. Specifically:
- The deadline for non-governmental entities to file claims was 10/05/2023.
- The... View More
This was in August of 2023. Now it is February. Also she said she didn't charge me but I see $3500 on my statement. And she said she is going to do the modification and then she is thru with my case and I will hv to find another lawyer.
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answered on Feb 24, 2024
Based on the details provided, it seems your bankruptcy attorney has not properly handled your requested case modification or accurately represented what additional services they would provide. A few important points:
1) An attorney has an ethical obligation to follow through on filing... View More
Yes they are filing bankruptcy and it says in paperwork if I want to be relieved of debt I have to respond to it or file something if I don't want to settle for what they offer in trying to figure out what I should do?
answered on Sep 11, 2023
Your post omits almost all the facts necessary to answer your question.
That said, there are two basic types of Chapter 11 cases: one is a financial reorganization, and the other is a liquidation. Often, in a liquidation, a bankruptcy trustee is appointed, or at least the attorney for the... View More
I need help in regards a chapter 13 bankruptcy that all the debts were in ex spouses name but they filed it in my name. Hes Scott free and now they are foreclosing, and I'm still co borrower on the mortgage. How can I do I fix this for my future. Divorce is pending.
answered on Mar 10, 2023
Contact all three credit bureaus and advise them of the error and provide them with the documentation necessary to correct it. Usually takes about 30-45 days to get corrected.
I was given an RV that has a lien, the rv has been vandalized severely, making the RV not worth more than the lien. Can the lien be forgiven? I am not sure what to do as I need this RV desperately.
answered on Mar 10, 2023
Assuming that the lienholder properly perfected it lien (easy to do), a bankruptcy filing by its owner will not impair or "forgive" the liened indebtedness.
If you file a Chapter 7 case (the *Desnup* US Supreme Court decision), the bankruptcy has no effect, and the lien cannot be... View More
answered on Aug 1, 2022
Yes. Until the underlying debt is fully paid, the bank can retain the title.
When a bankruptcy case is dismissed, all debt obligations are treated as if the bankruptcy never happened.
In addition, the grant of a discharge in a bankruptcy case (you didn't get that far)... View More
We have 2 vehicles in both our names. We would like to leave them in the chapter 13, however I want to stop my part in this. Would they both be able to stay included in the bankruptcy?
answered on Jul 19, 2022
Yes, although the specifics of how would still need to be resolved by your bankruptcy attorney.
After a divorce I ended up with half of the debt that I couldn’t pay for with my regular income so I asked an attorney if I should file bankruptcy, or not file and just use an annuity to pay off the debt. He advised me to keep the annuity and file bankruptcy. The judge ended up using my annuity... View More
answered on Feb 24, 2022
Most likely not. Did you hire him for the bankruptcy or was this solicited advice given freely?
I'm waiting for my income to change to get a free lawyer I need to go to court and plead not guilty or whatever against these accusations so they can't just enter a judgment but there's no court date or time on this paperwork.
How do I find if I have a court date or who to... View More
answered on Jan 3, 2022
Call the court clerk in your county and they can tell you if you have a pending court date.
I am purchasing an expensive large item, but it will take 4-8 weeks for the specialized national movers to pick it up. They want full payment now, what can I do to protect myself now, if the dealer goes bankrupt before the movers come?
answered on Dec 6, 2021
You may consider paying with a credit card and dispute the charges in the event that happens. This may tie up your credit. You might also negotiate timing of the payment. Another option is to perhaps place the funds in escrow pending pick up. You have to discuss with the store to see what they will... View More
My fiancé and I got into a car accident- we rear ended the person in front of us. It’s was a simple fender bender and even in the police report they estimated the damages of the other person’s car at $3,000 with no injuries. Well we didn’t have insurance. Now the person we hit and his... View More
answered on Oct 8, 2021
Consult a bankruptcy attorney who can see your entire financial situation and determine the proper course of action.
answered on Mar 16, 2021
No. If you're paying 100% plus the trustee fee your payment should not go up. In very rare cases, they charge interest, but it is extremely unlikely. Good luck!
I’m just trying to find out if the trustee will get my stimulus.
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