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answered on Oct 28, 2024
Probably not but check with your family law lawyer and a local bankruptcy attorney. Most offer free consultations.
My elderly father passed away in a nursing home due to neglect. I filed a lawsuit against the nursing home. It is still pending, and could take up to two years to resolve. If I file for bankruptcy now and win the lawsuit in a year or two. and receive compensation, would I be required to pay off the... View More 
answered on Oct 27, 2024
The Official Bankruptcy Forms you are required to file whether you choose a Chapter 7 or 13 case require you to disclose your lawsuit and put an estimated value on it.
The suit will be treated as an asset of the bankruptcy estate and the bankruptcy trustee may become a replacement plaintiff... View More
I have signed IOU and texts of her stating that she felt ethically and morally obligated to pay me back even thought she claimed bankruptcy. I have a letter stating her bankruptcy was dismissed but she had one says it was granted I don’t know if I can sue for remaining debt since she opened the... View More
answered on Oct 23, 2024
Check to see whether her bankruptcy case was dismissed or whether her debts were discharged. Check at https://pacer.login.uscourts.gov/csologin/login.jsf
If your claim was listed, and if her debts were discharged, no, you can't sue her. Her statements that "she felt ethically... View More
What are the appropriate steps? Can I do this without hiring a lawyer, as I cannot pay?
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answered on Oct 9, 2024
I'm sorry you're facing this situation. To begin shutting down your business under Chapter 11, you should first file a motion with the bankruptcy court to convert your case to a liquidation, typically Chapter 7. This involves submitting the necessary paperwork and providing detailed... View More
Hello, I have a credit card that I was not able to pay because I got sick. I did a virtual meeting recently with the judge and the creditor to make an agreement. I got sick again and I cant afford to make the $75 monthly payments. I received a letter from the court saying that I have to submit my... View More
answered on Oct 9, 2024
It looks like the plaintiff got a judgment because you failed to make the agreed payments. So yes, you are required to respond to the questionnaire (fact information sheet).
After the attorney was appointed to me, I hired him as my divorce lawyer. At the time of final payment for bankruptcy he had all my current financial info. He did not file in a timely manner and has yet to honestly or validly explain why he did not file as soon as my last payment was made which... View More
answered on Oct 8, 2024
The question raises several interesting points:
1. What were the circumstances involving an attorney being appointed to represent you in a bankruptcy case? Normally you would retain a bankruptcy attorney, not have one "appointed" to represent you.
2. You say the... View More
I filed ch 13 Sept 2023; signed a new lease with a co-tenant in April 2024; Due to irreconcilable differences I was forced to leave the residence 3weeks ago. Now the co-tenant is leaving the residence and refusing to pay any of the lease obligation. I cannot afford this residence on my own. Can my... View More
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answered on Aug 27, 2024
You can request to amend your Chapter 13 bankruptcy plan to include new debts or changes in circumstances, such as the lease obligation you’ve described. The court understands that life changes can occur during a Chapter 13 repayment plan, and it may allow modifications to address these new... View More
answered on Sep 16, 2024
Check with your local bar association or legal aid society. The maintain a list of free and reduced fee lawyers who may be able to help you.
i want to file chapter 7 because I cannot afford to pay 1000 down and 300 a monthfor this judgement that happened after I sold a vehicle. I was not the driver and the person who bought the car never turned the car into their name. plus I have a few other things I would like to remove as I am not... View More
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answered on Aug 15, 2024
It sounds like you're in a challenging situation with the $180,000 judgment and other debts you cannot pay. Filing for Chapter 7 bankruptcy could be a viable option to discharge this judgment and your other debts, especially if your income and assets are limited. However, you need to consider... View More
When I ask that he find out, he never follows up and gets the question asked with the trustee.
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answered on Jul 18, 2024
It isn't typical for your bankruptcy attorney to avoid researching your questions. A competent attorney should address your concerns and provide clear answers. If they don't have the information immediately, they should follow up and find out for you.
Good communication is... View More
Smile direct club filed for bankruptcy and their financing company is still trying to charge my account. I won the dispute with them and my bank. They are now threatening me to pay the full balance of over $2,000 for a “breach of contract”, although they breached the contract when they could no... View More
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answered on Jun 19, 2024
Based on the information provided, it seems that you have a strong case against Smile Direct Club and their financing company. Here are a few reasons why it might be worth considering hiring a lawyer:
1. Bankruptcy proceedings: With Smile Direct Club filing for bankruptcy, the legal... View More
I sign up with JJ wentworth and now I am paying them for other card . What my options
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answered on Jun 2, 2024
If you are paying for a Chapter 13 payment plan but kept and used one credit card, and now you're also paying J.G. Wentworth for another card, you have a few options to consider.
First, review your Chapter 13 payment plan to ensure that all your debts, including the credit card... View More
answered on May 18, 2024
My gut reaction to your "normalcy" question is "No". While every prospective debtor should be totally candid with bankruptcy counsel, we use a debtor's credit report(s) to satisfy the "due diligence" requirement added to the Bankruptcy Code in the massive 2005... View More
Paid Company for both and now Insurance company (CPS) wants me to purchase new policy stating they will help me get my money back from credit card company because bankrupt company never paid them. Does this sound like FRAUD??
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answered on May 7, 2024
The situation you've described does raise some red flags, but it may not necessarily be fraud. Here are a few things to consider:
1. If the company went bankrupt in February, it's possible they didn't transfer the funds to the insurance company (CPS) before filing for Chapter... View More
If so what if you have not filed them
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answered on Apr 30, 2024
When filing for personal bankruptcy, you typically need to provide copies of your federal tax returns for the past two years. This requirement helps the court assess your financial situation and make informed decisions regarding your case.
If you have not filed your tax returns for these... View More
owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More
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answered on Apr 29, 2024
A bankruptcy filing does not negate a state court judgment although, if you do not have any non-exempt assets, it may discharge the debt. If you were never served with the lawsuit, you might be in a position to challenge the judgment in that court that issued the judgment. You should consult a... View More
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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
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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
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
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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
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
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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
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