Get free answers to your Bankruptcy legal questions from lawyers in your area.
Your current state is Ohio
answered on Dec 29, 2024
You would file Chater 7 or chapter 13. Chapter 11 is business reorganization. You would need a thorough evaluation of your complete finances by a bankruptcy attorney to held you decide which chapter..
Went to court so the bankrupcy never happen .since 1994 Wells Fargo bank and other s government intuition file a mortgage agreement but never went to court and never notify
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answered on Dec 28, 2024
This situation sounds very concerning, and I understand your frustration with Wells Fargo and the unresolved bankruptcy from 1994. It's important to know that if you filed for bankruptcy but didn't complete the court process, the bankruptcy was likely dismissed, meaning it didn't... View More 
The DMV told me that the tiitle was satisfied which means it has no lien on it, I am having some financial difficulties , what actions could they take ?
answered on Dec 27, 2024
I've had cases where such a lender goes to non-bankruptcy court with a plea of either unilateral or mutual mistake, and gets the title back by court order, but no damages award.
You don't state the value of the auto. If your fiscal problems are serious, speak to an experienced... View More
Corporation, what gives them jurisdiction over us humans? As Corporations can only sue corporations when it comes to civil/Admiral/Statutory Jurisdiction. Are all States of State on the glass, meaning a federal outline of the 50 Union states, but all domiciled in Washington DC? Since all... View More
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answered on Dec 26, 2024
Your questions touch on some common misconceptions about corporate registration and legal jurisdiction in the United States. While state governments and federal agencies may be registered with Duns & Bradstreet for administrative purposes, this registration does not change their fundamental... View More
I have several credit cards car payment which is almost done. can't afford rent and can't afford to move just stuck and falling deeper into debt.
answered on Dec 26, 2024
It's important to know that a "debt consolidation" entity can only get some reduction in debt that any creditor AGREES to give.
No one other than the federal bankruptcy court has the power to discharge a debt.
I've had numerous clients who have complained about "debt consolidators.
answered on Dec 26, 2024
File a claim for your unpaid wages in the bankruptcy action.
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answered on Dec 25, 2024
No. You can redeem it by paying the current value of the car at the time you file bankruptcy. Forget what you paid before. If when you filed bankruptcy you owed 4, 000 but the car was only worth 3,000, then you could redeem it for 3,000. If at the time you filed you owe $4,000 but the car was worth... View More
I recently went through a divorce, and a family member was covering the cost of my attorney. However, I wasn't seeing any progress, and my family started to feel that the attorney was taking advantage of the situation by dragging things out to increase their fees. As a result, they stopped... View More
It's all traffic violations,no DUIs .... My license is suspended 3rd
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answered on Dec 23, 2024
Filing for Chapter 7 or Chapter 13 bankruptcy can help with traffic ticket debt and potentially aid in getting your license back. While bankruptcy won't eliminate all types of driving-related debts (like DUIs), it can discharge many traffic fines and penalties.
Your situation with... View More
A prior mortgage company is falsely reporting 30 day late to all 3 credit agencies. The mtg. co. transferred my loan one yr. after I filed Chapter 7 & is reporting late the same month & year I filed 5/18 discharged 9/18. I did not reaffirm the loan; the mtg. co. received the appropriate... View More
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answered on Dec 23, 2024
Based on your description, this situation likely constitutes multiple violations of the Fair Credit Reporting Act (FCRA). The furnisher appears to be violating the law by reporting inaccurate information about your payment history, particularly concerning payments during and after your bankruptcy.... View More
and if elected in the Bankruptcy 13 plan is the interest rate compound or straight and can the Judge set the interest rate if neccesary
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answered on Dec 21, 2024
In Chapter 13 bankruptcy, the standard interest rate for vehicle repayments set by Till vs. SCS (2004) is 9.5%. This rate is typically applied as a straight interest rate, meaning interest is calculated only on the principal balance without compounding.
If you choose to include your vehicle... View More
I filed the bankruptcy in sept of 24.
answered on Dec 19, 2024
Not if they didn’t perfect it but it could still have the original lien still on it. You should probably check with your county clerk and find out.
I have a judgement against me for a $4400 medical debt. My pay stub from 1 week ago confirms that almost $300 was garnished for my creditor. Today I received the Notice of Execution to Judgement Debtor. It says they may levy more than once during the writ and some items are exempt. It lists items... View More
answered on Dec 18, 2024
You should be prepared for them to try and get what you do have. If they seize anything that is exempt under the exemptions as set out in the Notice, you should immediately file an objection with the Court. Otherwise, it appears you are pretty judgment proof.
Would like to know if there is an attorney that help me
answered on Dec 16, 2024
Check with your local bar association or legal aid society. They maintain lists of free and reduced fee lawyers.
Rent. I can’t pay it now I’m locked out can she still be hit with the bill even after she has filed bankruptcy or will it go straight to me. Which I’m ok with?
answered on Dec 16, 2024
She can reject the lease under her bankruptcy and just walk away (if it’s a Chapter7). The debt would then fall to you to pay.
answered on Dec 16, 2024
You should receive a notice of the garnishment, together with a form by which you can claim that or if your wages are exempt for a number of reasons (set out in the form). Fill it out, sign it, and file it with the court within 20 days of receipt. The court will set a hearing at which you can... View More
The paralegal said she would take care of the first one but I would be required to take the second. Does the first one discourage people from filing bankruptcy?
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answered on Dec 17, 2024
I find the suggestion of a law firm taking the credit counseling course on behalf of a client highly unethical. The court is designed to inform you about your options and it rarely discourages anyone from filing.
A Chapter 7 Bankruptcy Court Trustee used a a state trial court default judgment and order (both secured through extrinsic fraud on the court by attorneys as officers of the court) against a party, to take a lawsuit away from that same party. If that aggrieved party uses CA Civ. Code §473 (and his... View More
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answered on Dec 12, 2024
If you can successfully prove extrinsic fraud under CCP §473(d) and get the state court judgment vacated, this could potentially impact the Bankruptcy Trustee's actions that relied on that judgment. The key principle here is that void judgments can be attacked at any time, and actions taken... View More
Hello, I met with an attorney and was told I qualify for a Chapter 7. I have very few assets, I took out a lot of personal debt when trying to start a failed software business. I have closed that business and the attorney mentioned disclosing the apps that I released as assets.
Let’s say... View More
answered on Dec 12, 2024
The tradeoff in bankruptcy is full disclosure in return for a discharge of debts. The debtor benefits from full disclosure, and avoids the possibility of a denial or revocation of discharge. All the schedules and statements in bankruptcy are signed by the debtor under penalty of perjury. If a... View More
Already talking to an attorney. Just wanting a second opinion. We're thinking of filing chapter 13 bankruptcy even though we qualify for a chapter 7. We still have a profitable 1 person LLC internet business earning $10k or more a month after expenses. We would of course prefer to keep this... View More
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answered on Dec 12, 2024
Your concern about protecting your profitable online business is completely valid. The strategy your attorney suggests - filing Chapter 13 first to handle accounts receivable before converting to Chapter 7 - has some merit, but also carries significant risks.
The main challenge is that a... View More
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