I fired my bankruptcy attorney this evening. I need to file something with the court to reflect this, but I can't find substitution for pro se debtor. Can someone please tell me how to file a motion to fire my attorney with he court?
Until your attorney files a motion to withdraw from the case, and the motion is granted, the attorney remains responsible to represent you. Ask the attorney how soon this will happen; it might be a good idea for you to sign the motion. Or if you have another attorney to step in, the new attorney... Read more »
There is no minimum income level needed in order to file bankruptcy.
I spoke with my attorney today pertaining to incorrect information in my Schedules that were filed.I provided everything accurately and honestly. Most concerning, my tax return wasn't added. Then my values of property were changed. Removed a creditor that was originally on draft. Said I make... Read more »
While both of you are at fault (your signing them without making sure they were accurate and complete; your attorney neglecting to attach your tax return, and overlooking other mistakes in the schedules), the attorney is probably right by advising you that it's not important. As you have... Read more »
have order from 2014 (thru Atlanta Bankruptcy Court) where defendant owes me 4995.00 could never find defendant but recently found out he lives in Tenn now (original order is from Atlanta Ga). Can I still fight for this judgement even though it was from 2014? Defendant owes me 4995.00 and i... Read more »
Sounds like that debt was discharged in bankruptcy. You'd want to double check the bankruptcy case. If your debt was listed and bankruptcy was granted, then the debt was discharged. This means you cannot collect on it anymore.
Is this still enforcable? I recently found out defendant lives in Tenn and I now live in Florida
You should contact a Tennessee attorney about collecting the judgment amount from the judgment debtor. If the debtor still has property in Georgia, it may be possible to levy on that property; in which case you would want to also contact an attorney in that state.
Fill out, sign, and file the claim of exemption form. It won't be immediate; there has to be a hearing on your claim.
I passed the means test, I am employed but currently receive Disability from employers LTD insurance. I know that Florida only allows for a $1000 Car, but I cant throw money out the Window to drive a junk Car that cost me more money in the end. The problem is that I paid the Car off in 2020. I know... Read more »
You are best advised to discuss these concerns with a Florida bankruptcy lawyer.
If the car is the only asset you have with reachable equity, you're probably safe and can keep the car (whether in a Ch. 7 or 13). If you have other assets that are not protected by the allowed exempt... Read more »
I worked for the job 3/20 to 3/21. I have consulted other law services and been told that I should be a creditor if I have received such paperwork. They directed me to this site for more help. I've submitted a request for a list of creditors so that I can be sure I have a right to file a... Read more »
If you are owed money by the company for wages etc your are a creditor. You should gather any evidence you have of the money that you are owed and file a proof of claim and attach the evidence to the proof of claim. If you need help you can retain an attorney, but make sure you monitor the court... Read more »
You can claim an exemption for your equity and reaffirm the loan, if any, to keep the car.
Basically I have 2 judgements against me and am being sued for another debt I owe. I make too little money for them to collect anything and I own my home, it's my homestead, and I've been told they can't touch it. It's a mobile home and I don't own the property it's... Read more »
Yes, although depending on whether you file bankruptcy, it could be regarded as a fraudulent transfer if you don’t receive full market value at the time of the transfer.
I'm currently going through a divorce and my husband never paid the taxes and put the house in his brother's name. I'm living in the house and paying the delinquent taxes of but taxes are due again and I can't pay them.
Not unless the court has given permission for the sale.
House in ga over 30 yrs and i forgot my name was on it. I switched to a 13 and paid 2 yrs but can't pay now . I know it can be dismissed but can they revert me back to a chapt 7
Make a motion to dismiss the chapter 13.
My ex-husband cosigned a loan (sallie mae) for our daughter (who is a student and has mental health issues ). She is 23, is still studying (changed programs and college) and now they are getting billed $48,000 and he wants me to pay for it in its entirety since I was awarded our stocks as part of... Read more »
This answer is based on the law in Florida. You have no legal obligation to pay the loan. What you are describing is a moral dilemma because you are a parent that cares about your child.
Good luck.
We were never married. I went through a modification but have since completed and returned to making regular payments
You do not mention if your ex's name is on the mortgage. If the mortgage is in your name and you are making regular payments then the bankruptcy may not affect you. A foreclosure only happens when the mortgage is not being paid. You should speak with a local family law or bankruptcy attorney... Read more »
I have approx $116k of cc debt. Amex has sued me twice (IN and CA) but dismissed their suits. Otherwise I’m just getting calls and emails, and the debt has been sold.
I have no assets except a $3k used car. I lease my residence and have less than $1k in my checking account and a small... Read more »
Assuming that you have no dependent, the Uber income, and the futures trading income are probably not exempt from garnishment. I suggest that you wait to see if they sue you, and at that point again consider bankruptcy protection.
For bankruptcy I had two jobs working part-time the people who are assuming me is the bank but the truck that I got through a car dealer the very first day I drove off the lot I had trouble I had to go buy three new tires the tires were so dry rotted long story short story so they're coming... Read more »
Contact your local bar association or legal aid society for a list of pro Bono attorney.
What are the benefits to filing CMA?
What's a CMA? None of these seem to fit:
https://en.wikipedia.org/wiki/CMA
My business was being sued. The case had been going on for about 2 years. I was having financial issues and could not make payments to my attorney. He requested to withdraw and I granted it. I did not realize how hard it would be to find a new attorney and during my search me and my other two... Read more »
Bad situation, sorry to hear that. You should confirm whether the judgment is against the business only or against you individually as well. You may still be able to file a Motion to Set Aside DEFAULT Judgment, if it was entered by default, if you have excusable neglect and a meritorious defense.... Read more »
36 monthly payments, after which I was to file a Quit Claim. How does his filing 13 affect his monthly obligations to me? Thanks in advance...
Doesn’t affect them at all. He’s still obligated to pay you per the decree.
Not unless you file a motion to convert back to a chapter 7.
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.
