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I want to know if it's against the law for the legal counsel representing the plaintiff to interfere with the defendant's business dealings. The plaintiff's counsel contacted the US Bankruptcy Court and made a complaint regarding the defendant's bankruptcy history. As a result... View More 
answered on Apr 13, 2025
It does not appear that the Plaintiffs counsel has interfered with the business in taking the actions that he did.
I am not married to the father of my children, and we own a house together with a joint mortgage. He recently quit his job and cashed out his 401k. We all still live in the house, and I pay for my portion of the mortgage. There is currently no legal agreement for child support, but he refuses to... View More
answered on Apr 12, 2025
You should hire a lawyer immediately if any of his 401k is left to have it held for child support AND if you intend to separate from him. Generally, if you are living together it is perceived that you are accepting his quitting his job and you will not get a child support order. He can not avoid... View More
I am on a joint mortgage loan with a co-borrower who has filed for bankruptcy and is currently unemployed. The co-borrower filed a forbearance without my knowledge, but continued to be late on payments afterward. I would like to know if I can remove the co-borrower from the mortgage loan due to... View More
answered on Apr 12, 2025
Even if the underlying indebtedness of your co-borrower is somehow discharged, you as a co-borrower cannot compel the removal of that co-signor absent an agreement with the creditor to do so. And in my experience, it would take a substantial payment to the creditor to get that done.
Be... View More
In Texas, a student I know filed for Chapter 7 bankruptcy in May, and the case was closed as a discharged non-asset in September. During this period, the student withdrew early from classes, resulting in a portion of the Title IV funds being returned, leading to a debt of $4,321 owed to the... View More
answered on Apr 11, 2025
Generally speaking, even debts owed to creditors that do not receive notice are discharged in no asset cases.
The answer to your specific question will likely depend on the timing of when the debt arose. If the student withdrew after she filed her chapter 7 petition, there is a possibility... View More
I had my bankruptcy discharged in 2012, which included a certain debt. Recently, a collection agency has been contacting me by phone, claiming I still owe this debt and threatening to file a civil suit against me. They assert that I attempted to pay the debt in 2016, which I deny. I haven't... View More
answered on Apr 11, 2025
Get a copy of the debt and discharge from your bankruptcy and send it to the current creditor.
I have a manager-managed LLC, Hunter LLC, created for producing an indie film, and I am a member. The LLC is managed by another LLC, Skyfire Productions LLC, of which I am the only member. I usually file taxes by March 15th, but last year, I mistakenly didn't hit "submit" on the tax... View More
I'm preparing to file Chapter 7 bankruptcy in California next month and discovered I'm still a joint owner of my 20-year-old son's bank account. I helped him set up the account when he was a minor, but he has lived independently since turning 18. I've contributed $4,000 to his... View More
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answered on Apr 11, 2025
This is a smart question to ask before you file, especially since timing and intent can be closely examined in bankruptcy. Even though your son is the true owner of the funds, being a joint account holder can create the appearance that some or all of the money belongs to you. In Chapter 7, the... View More
I am being sued in Pennsylvania regarding a $66,000 home equity loan that my deceased parents had. I am their last living relative. I received legal documents stating I'm being sued, but I was not listed on the loan, and I have indicated that I don't want the house. My parents did not... View More
answered on Apr 10, 2025
Hire a lawyer immediately. If youre not on the loan or the house, you have no obligation to pay.
My house has been in short sale for almost five months, and today is the last day. The bank did not accept any offers from buyers because they were considered too low. My agent suggested applying for a deed in lieu of foreclosure. As a homeowner, what is the best option for me? If the house goes to... View More
answered on Apr 10, 2025
Typically, a deed in lieu of foreclosure is preferable because you are in greater control of the outcome. Issues that will need to be addressed are the waiver of any deficiency by the lender, the tax implications of a deed in lieu of foreclosure versus a foreclosure, the date you have to vacate,... View More
I am filing for Chapter 7 bankruptcy in South Carolina and want to exempt the equity in my primary residence, which is approximately $60,000. There is a mortgage on the property, and I have no other assets to exempt. I have not owned the home for the 40 months required to qualify for South... View More
answered on Apr 8, 2025
I do not know where the 40 months you are claiming are required are coming from. I have practiced bankruptcy law in SC for many years and have never seen such an issue. I assume you are trying to file by yourself without an attorney. I would advise that you talk with an attorney and hire him or... View More
I am considering using my paycheck funds to purchase a vehicle outright for less than $5,000 before filing for Chapter 7 bankruptcy. We are filing pro se and hope to do so within the next 3 months. We own a home valued at $75,000 with a $72,500 loan and a current vehicle for which payments are... View More
answered on Apr 5, 2025
Consult a bankruptcy attorney before buying a car so he can assess your complete financial situation.
I am filing for Chapter 7 bankruptcy pro se in Missouri, but will use Kansas exemptions as I lived there for most of the last two years. I've only been in Missouri since June 2024. I have a car loan with Bridgecrest, and I do not want to reaffirm it. Instead, I would like to retain the vehicle... View More
answered on Apr 5, 2025
If you’ve been in Missouri since June 2024, you will have to file in Missouri using Missouri or federal exemption. Creditors most always permit you to reaffirm your debt even if there is an arrearage on the debt.
How can I or my mother access my sister's bank account in Texas if she left no will, POD, or listed beneficiaries? She lived with my mother and has no known debts or other assets.
answered on Apr 3, 2025
One of you will have to petition the court to administer her estate. That will give you access to everything you need to administer her estate.
I recently discovered a document within my personal documents that were scanned by my bankruptcy attorney's office. The document contains another individual's personal information, including their birthdate and social security number. I haven't contacted the attorney's office... View More
answered on Apr 5, 2025
Return it to the attorneys office with your explanation as to how your received it and mention your concern about your privacy as well. Beyond that, you need do nothing else.
I'm facing foreclosure proceedings on a mortgage that was discharged in Chapter 7 bankruptcy fourteen years ago. The second mortgage debt was never reaffirmed, and there was no contact from the mortgagor or its successors for over ten years. The company currently filing the foreclosure... View More
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answered on Apr 3, 2025
I answered this same question about a week ago from the same inquirer. Yes, they can foreclose because the lien was not discharged. The new creditor has in rem rights against the collateral backing up the original, even though now discharged, debt.
I provided a personal loan to a private party to cover half the cost of roof repairs on her mother's home, totaling $9,000. Despite a verbal agreement, I've paid the full amount. The other party made partial repayments but has not communicated or paid in 11 months, leaving an outstanding... View More
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answered on Apr 2, 2025
Your situation involves an oral contract supported by documentary evidence, which generally creates an enforceable debt obligation despite the lack of a formal written agreement. The text messages confirming the repayment arrangement and your printed payment schedule constitute compelling evidence... View More
I want to pay off my deceased grandmother's vehicle loan, but the bank is requiring that a separate personal loan is paid off at the same time. The two loans are unrelated, and there were no agreements regarding their repayment. The bank was informed of her death 2.5 years ago and has been... View More
answered on Apr 2, 2025
You may have to open probate and force them to file a proof of claim on each one. Ultimately, they cannot force them to be paid together but it’s going to be a headache either way.
I started and operated a family business, but my relatives put everything under their name. There were good faith agreements but no written contracts. I was listed as the manager with full qualifications, and I managed operations for 10 years. They were not qualified or present for operations. I... View More
answered on Apr 1, 2025
If you want to sue them for the business assets, i.e., the house, then you're going to have a statute of limitations problem on your claim for waiting for 7 years after the business was closed and filed for bankruptcy, and potentially an issue with the bankruptcy court, since it sounds like... View More
I have a registration lien on my Mustang here in Arizona and I'm in default on the loan, having missed the last three payments of $505 per week. I'm considering filing for Chapter 7 bankruptcy and would like to know if I will be able to keep my Mustang if I include the loan in the bankruptcy.
answered on Mar 31, 2025
In a bankruptcy filing, you have no choice about which debts and assets you disclose in what all you file with the Court. You sign your several Court documents under penalty of perjury (a felony) and it's never smart to morph a money issue into a criminal case,
There are some special... View More
I am a creditor who was not notified about an ongoing Chapter 11 bankruptcy case in California concerning the San Francisco Archbishop, related to a sexual abuse claim from my childhood. I discovered I'm not listed as a creditor in the bankruptcy schedules and filed a motion for a late claim,... View More
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answered on Mar 31, 2025
In bankruptcy cases, debtors must provide adequate notice to all "known creditors," which typically requires direct mail notification to those whose identity and address are reasonably ascertainable. For the San Francisco Archbishop's bankruptcy proceeding, if the school maintained... View More
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