answered on Apr 11, 2024
Here are the key requirements and steps for filing Chapter 7 bankruptcy when you are on SSI and have substantial credit card debt:
1. Eligibility: Your income must be below the state median or you must pass a means test showing you don't have enough disposable income to repay debts.... View More
When I spoke to the gentleman he said that both accounts would be settled for $500 for both accounts. I then asked again is this for both accounts he stated yes you'll receive two letters stating that both accounts have been paid off and they will be removed from your credit. I waited 3 weeks... View More
answered on Apr 11, 2024
I'm sorry to hear about your experience with the debt collection agency. It sounds like a very frustrating and stressful situation, especially as a single parent trying to resolve debts and improve your credit.
Based on what you've described, it seems the debt collector may have... View More
Could I have the remaining 2700 amount exempt?
answered on Mar 16, 2024
When filing for Chapter 7 bankruptcy, understanding how exemptions work is crucial. Exemptions allow you to keep certain assets under both federal and state laws. The specifics can vary significantly depending on the state you live in. For your situation, having $2,700 remaining from a tax return... View More
I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More
answered on Mar 4, 2024
Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More
The owners are family members. Will the non-bankruptcy owner still have a case with the partition? If the partition is delayed due to the bankruptcy, how long and what circumstance would allow the partition to take place?
answered on Feb 24, 2024
If one co-owner of the property files for bankruptcy before the other owner files a partition action, it can complicate the partition case but does not necessarily prevent it from proceeding later. Much depends on the type of bankruptcy filing as well as approval from the bankruptcy court.... View More
My ch. 7 was discharged in January of 2024 and I’ve never been indebted to the IRS. I am an unemployed disabled veteran and I had no income for year 2023. I just found out that, despite being unemployed, veterans in my situation may file a tax return in order to potentially receive some portion... View More
answered on Jan 13, 2024
Since your Chapter 7 bankruptcy was discharged in January 2024, you are no longer under the jurisdiction of the bankruptcy court, and your financial situation is separate from the bankruptcy proceedings. Filing a tax return, even if you had no income in 2023, is generally a responsible and... View More
My ch 7 bankruptcy in Florida was discharged in January 2024. I have never been indebted to the IRS and neither has my ex-husband. My ex-husband has never filed for bankruptcy and we had no debt in common upon my ch. 7 filing; it did not affect him in any way. I am unemployed and a disabled... View More
answered on Jan 12, 2024
Your Chapter 7 bankruptcy discharge in Florida should not impact your ex-husband's ability to claim your sons for the Child Tax Credit on his tax return. Bankruptcy proceedings typically address your debts and assets, not child-related tax benefits that may be claimed by your ex-spouse.... View More
I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.
answered on Jan 9, 2024
Filing for bankruptcy should not directly impact your application for a green card under the Violence Against Women Act (VAWA). VAWA applications are primarily evaluated based on evidence of abuse and the applicant's relationship to a U.S. citizen or lawful permanent resident.... View More
I am not behind on my mortgage payments.
answered on Jan 8, 2024
Florida, like Texas, is known nationally for its generous exemptions from attachment by creditors both in and out of bankruptcy.
In most states, state law exemptions may be claimed in a bankruptcy case, but you need to confirm that with an experienced FL bankruptcy attorney.
There... View More
We filed chapter 7 earlier this year in Florida, we were granted discharge on June 28th. Since that time there is a collection agency in Wisconsin still reporting 9 medical accounts as active collections even though both their agency and all 9 of these debts were included in our original filing.... View More
answered on Nov 14, 2023
You should consult an attorney in your area. Based on what you've said, the collection agency (and perhaps Transunion) is in violation of the law and can be sued in the bankruptcy court for damages, particularly if the collection agency is taking any action against you to collect on the debt.... View More
answered on Nov 10, 2023
In Florida, if you're considering filing for bankruptcy, assistance is indeed available. It's advisable to consult with an attorney who has experience in bankruptcy law to guide you through the process. They can help you understand the different types of bankruptcy, such as Chapter 7 or... View More
As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More
answered on Oct 30, 2023
There is such a thing as a self-settled spendthrift or asset protection trust, but many states do not allow them. Also, typically the settlor (you) cannot also serve as trustee of the trust. In other words, you would not have signature authority over the assets that you put in the trust. And,... View More
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
answered on Oct 25, 2023
When you refinanced the home, the new loan replaced the old one (probably paid it off), so the discharged amount is gone forever. If you and your wife are both borrowers on the new loan, and you are both on title as owners, then the same rules will apply to the new loan if she files bankruptcy. She... View More
I bought a 2k warranty that was a 3 year warranty. I called the company they told me us auto never bought anyone any warranty’s they just pocketed our money. I paid for this car to build my credit now I have to deal with a new “debt collector “ that dose not report payments…. There’s a... View More
answered on Nov 5, 2023
If you suspect fraud or that the company failed to fulfill its contractual obligations, you should immediately seek legal counsel to discuss your options, which may include filing a claim in the bankruptcy proceedings.
You should also check the court docket for the bankruptcy case to see... View More
My mothers pension check is auto deposited into my checking account and I use that to pay her assisted living home and her prescriptions store. I don’t know if I need to put that as income because it’s in my account or if i Can leave it off the financials.
answered on Oct 13, 2023
When you file for bankruptcy relief, you must answer all the questions in the several Official Forms, *under penalty of perjury*.
As it lies, you have a doable debt/asset issue; BUT, if you "leave it off", you will be committing perjury, probably several counts thereof, and... View More
answered on Oct 3, 2023
Chapter 7 advantages:
Most unsecured debts can be fully discharged.
The process is quicker than Chapter 13, often completed within months.
There's no requirement to repay debts.
Chapter 7 disadvantages:
You may have to liquidate certain assets to repay... View More
Husband filed bankruptcy right before our divorce and included our home mortgage in it. I was awarded house in divorce. He has to remove the home mortgage from his bankruptcy so I can refinance the home in my name. U.S. Bankruptcy court processed it for release. Mortgage company still says it... View More
answered on Oct 4, 2023
If the bankruptcy court has ordered the release and abandoned any interest in it, you should be able to present that paperwork to the mortgage company. If they won’t accept it, you need to find a new mortgage company.
answered on Sep 28, 2023
If you received a discharge, no. If a creditor contacts you about the debt, just tell them it was discharged in bankruptcy 12 years ago and give it the case number of your bankruptcy case so the creditor can confirm.
We used our mortgage to help refinance our business vehicle. We may need to file bankruptcy for the business. Will it hurt our mortgage loan?
answered on Sep 13, 2023
The answer mostly depends upon the type of *legal*entity that you've put the business into. A corporation, LLC, etc., is eligible to file a bankruptcy itself, as is a partnership. A sole proprietorship, however, is not a separate legal entity, and a bankruptcy of it will necessarily bring... View More
License has been suspended for 205+ years due to civil suit. Can I file bankruptcy in order to negate this?
answered on Sep 9, 2023
It is unclear how your driver's license was suspended, especially for that long, but no, bankruptcy will normally only discharge many debts, not remove other effects of civil suits, such as license suspensions.
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