Get free answers to your Bankruptcy legal questions from lawyers in your area.
What can she do? I know we will probably lose the house but what can they legally do to her?
answered on Oct 14, 2024
I'm sorry to hear about your daughter's situation. Filing for bankruptcy is a significant decision and should be carefully considered. It might help to consult with a financial advisor or legal professional to explore all available options before proceeding.
There may be local... View More
I filed a Chapter 13 Bankruptcy in 2021. I've been paying on it regularly and I'm in good standing. A few months ago, my job situation suddenly changed and I would like to modify the payments. I contacted my attorney. Sent him an email and explained why I would like it modified, per his... View More
answered on Jan 26, 2024
Mary, in your situation, it's important to act promptly to address the changes in your financial circumstances. If your attorney is unresponsive, you have several options to consider.
First, try sending a formal letter to your attorney's office, clearly stating your request for a... View More
I am a widow and a single mother to my 12 yr old son with a limited income of Widows Survivorship Benefits monthly,
answered on Jun 8, 2023
Check with your local legal aid society or bar association. They maintain lists of pro Bono and reduced feee lawyers.
answered on Aug 25, 2022
He could reject the lease and get out of it if he files bankruptcy. A mortgage and ownership vested in you is a much safer plan.
My house - supposedly worth around $900,000, will not sell. I have tried for 5 years and am still trying. We stopped paying the mortgage in 2019. i believe they will start the foreclosure soon. We also have $46,000 credit card debt that my husband stopped paying August 2019 in Ct so they have until... View More
answered on Jun 20, 2022
As it appears you are both eligible for Ch. 7, and desire to do so, make an appointment with a CT bankruptcy lawyer who will answer all your questions.
There is a specific tax code provision pertaining to bankrupts, saying basically if you emerge from bankruptcy without significant assets,... View More
A friend filed for bankruptcy in 2015 because a debtor collector firm filed a lawsuit to foreclose on her home. In which her mortgage had been rescinded in 2005 by her attorney because she had incomplete contract with Ameriquest. So since 2005 by her attorney's advised she stopped making... View More
answered on May 12, 2022
Although the bankruptcy discharge extinguishes the personal liability of a debtor, it does not extinguish an action against the debtor in rem, i.e., the secured creditor’s right to enforce its mortgage lien. As long as the mortgage was valid, the secured claim the lender had against the property... View More
I read they can’t garnish SSI or military retired pay my only income.
answered on Jul 26, 2021
Each state has laws identifying property which is exempt from attachment/garnishment by judgment creditors, and those lists, found in each state's statutes, vary.
The IRS is not bound by those state laws, however.
You can google "Connecticut exempt property", and that... View More
I am now being sued by 2 companies. I would like to file for bankruptcy but not include my home.
answered on Apr 13, 2021
When you file for bankruptcy relief, no matter which chapter, you must list ALL of your assets, under penalty of perjury. In other words, you must "include" your home, and all other assets, by identifying it on the sworn Schedules you must file.
Ch. 13 was designed, and is most... View More
I am on an income driven repayment plan working towards PSLF. I have to file chapter 7 bankruptcy due to husbands bad money management. I don't want my loans to pause or go into default or in any way be affected by the bankruptcy. Is that possible? I have to stay on track so I am done paying... View More
answered on Nov 29, 2020
When you file for bankruptcy relief, you must file Schedules listing all of your debts and assets. And you must sign those Schedules under penalty of perjury. So, no, you cannot leave your student loans, or any other debt (or claim against you even if you don't think you owe it), "out... View More
answered on Jun 29, 2020
The IRA as a retirement account would be treated as fully exempt in a bankruptcy filing and these funds would remain his. If the Cash Management Account is not part of a retirement account he still may be able to use his federal wild card exemption to exempt some or all depending on the amount of... View More
I want to walk away from this problem bcuz i cannot pay the mortgage.can i walk away from this home?the house cant get sold because she died without will .i just want to walk away and not deal with this .what are my options.
answered on Feb 14, 2020
All assets have to be listed at full value regardless of your intention to deal with it. Most likely it can be exempted, that is not included in the bankruptcy process, but the answer can only be determined by a thorough review of all assets, liabilities and cash flow. If you have a substantial... View More
answered on Jan 23, 2020
Basically you have to list the asset and exempt it on Schedule C for a chapter 7. This is a fundamental issue in bankruptcy law. With this amount of money at stake you should consult with a bankruptcy attorney. Other bankruptcy chapters may require different treatment. Good Luck.
Car value of 5593 and payments balance of 14220 left to pay.
answered on Sep 17, 2019
Based on your question you should hire an experienced local bankruptcy attorney to file bankruptcy for you to make sure you answer all questions accurately and fully on your schedules and statements. Inaccurate and incomplete schedules may result in the dismissal of your case or lead to other... View More
I owned part of my grandmas house and also half of a boat. The trustee bought out the house from my uncle and boat from my brother. Do I have to take my name off everything regarding those like the deed and registration? Would anything ever happen if I didnt? Can I ever reclaim my portion back from... View More
answered on Jul 6, 2019
No. The assets which were purchased were used to pay your debts. Unless the trustee abandoned interest, you no longer have any ownership in the assets.
12/31/1998 my father purchased an IRA from Tri-National Development Corp by way of Pensco Custodian FBO, for $19,132.66. On 2/23/2006 Pensco transferred a bond to my father for $18,423, after Tri-National filed for bankruptcy. Bankruptcy proceedings are ongoing under US Bankruptcy Court, Southern... View More
answered on Feb 8, 2019
Yes, attache a copy of your appointment. If you have any questions about the form, call the clerk of the Bankruptcy Court. Good Luck.
answered on Nov 10, 2018
Yes up to 15% of your social security benefit if it is a federal student loan. No if private student loan.
answered on Oct 7, 2018
You have to determine what % of ownership the silent partner investment represents and claim that % as an asset.
answered on Oct 4, 2018
Whenever you prepare and file a bankruptcy petition and related documents you must list all assets and debts. Your share of the LLC is an asset. Depending on the value of your share, you may be able to exempt it from being liquidated and distributed to your creditors. This one of the issues that... View More
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.