Creditor was unaware of bankruptcy filing and submitted certified judgment document with the state one week prior to debtor's filing. State of FL shows date submitted as prior to bankruptcy filing but official filing date with state and with the county where property is located are both 1 day... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2023
When a debtor files for bankruptcy, an automatic stay is typically activated, which temporarily halts creditors from pursuing debt collection, including establishing liens on the debtor’s assets. In this case, given that the lien was officially filed after the initiation of the bankruptcy... View More
I am currently in graduate school and my school is requesting I obtain legal information regarding if my student loans were or were not discharged. I did my bankruptcy pro se so I don't have a lawyer. The bankruptcy officially discharged today and although I know it is rare for student loans... View More
answered on Aug 4, 2023
In every bankruptcy case I've done, the Order of Discharge is a brief form, and basically says that the debtor is discharged from liability for all dischargeable debts, without listing any of those debts specificallyl
It's up to you, and your lawyer, and the creditor, and its... View More
So far all the banks I've asked denied financing. I've asked USBank, Bank of America, Regions, Wells F, etc for a loan to help in finding a job, move to a different state, or for personal things and they have all denied. It's a bit surprising because I thought that was the point of a... View More
answered on Jul 19, 2023
No, a lawyer cannot sue private institutions to force them to establish you credit. As long as the lenders are not denying you based on a protected class such as race, religion, national origin, sex, or one of the other few protected classes, they are not breaking any laws. Not having a job or a... View More
A friend of mine is in college and she tried to get a loan to pay for college, but apparently because her mother is in debt, she isn't able to get a loan.
Edit; this person is 21, She tried to take out a loan originally but they claimed that since her direct family member (her... View More
answered on Jul 18, 2023
I agree with Ms. Lipan's short take, but there's more, of course.
Your question raises a plenitude of issues, most of them not questions of law:
With almost all of the nation's banks attempting to beef up their respective capital coffers, and the Fed causing not just... View More
Yes I have never stepped foot at any dealership or any abound credit union. Soon to be ex-wife did everything in the dark. Happend in Kentucky but I've been living in Florida for over 2 yrs now
answered on Jun 27, 2023
Your best answer to that question starts with the wording, particularly the default provisions, of your Security Agreements with each lender. Often, one of the provisions enables the secured lender to declare a default and accelerate the debt "if/when the lender feels insecure". A... View More
01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.
01/2009 I moved to Florida and three years later they registered the judgment in Florida.
09/2000 They garnished a checking account.
No communication from them between... View More
answered on May 26, 2023
Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... View More
I have one payment left on a chapter 13 bankruptcy. The attorney that filed for me has since retired. How do I go about filing this form on my own.
answered on May 13, 2023
You should be able to hand file it in the district court clerks office where your bankruptcy is pending.
And I have never received any notification of missed payments. Am I'm entitled to an itemized statement as to how my money has been distributed?
answered on May 8, 2023
Go to pacer.gov and create an account. From there you can see your case and all the details.
answered on May 7, 2023
It's pretty common practice for creditors, including secured creditors, to be reluctant to send any Statement showing balance due to a debtor; sending the invoice to debtor's counsel probably avoids a contempt citation.
In addition, it is common for debtor's counsel to alert... View More
i was let go about a week before they filled out the papperwork
answered on Apr 28, 2023
Consult an employment lawyer so he can flush out the facts and see if you have a claim against your employer.
My attorney’s paralegal told me that I do not qualify for Chapter 7, but I’m in dire financial straits. Worse than when I filed, and need to do the conversion. She told me that the Trustee will more than likely dismiss the case.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2023
A debtor may convert a chapter 13 case to a chapter 7 liquidation case, at any time. The right to convert to chapter 7 is unqualified and may not be waived. However, a case cannot be converted to a chapter for which a debtor is ineligible. Therefore, a debtor converting from chapter 13 to chapter 7... View More
However, the defendant was able to discharge the debt in bankruptcy. Can I claim any of this as a loss on my taxes?
answered on Apr 11, 2023
Typically a Defendant is not allowed to discharge a debt that arose from an intentional tort. Speak with a bankruptcy lawyer to review the facts and law of your case to get confirmation.
My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... View More
answered on Mar 28, 2023
It is highly likely the creditor could demand payment in full once the deed is recorded. See a real estate lawyer to discuss the possibilities and to prepare a proper deed if one is advisable. Quitclaim deeds cause more problems then they solve. You should consult a real estate lawyer who is also... View More
When I was 17 years old A relative provided me with a personal check As a gift. And the check was returned due to either non-sufficient funds or some other banking matter from the check writer/issuer's financial institution. A debt collection agency now multiple years later and attempting to... View More
answered on Mar 23, 2023
No. Any action would have to be against the maker (writer) of the check, not the beneficiary. You have no liability o pay this check.
UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... View More
answered on Mar 17, 2023
I agree with Mr. Nachbar's answer as a potential strategy, but your issue depends on what the party was held on contempt for and of course whether you are a listed creditor in the bankruptcy case. If the only reason for the contempt is failure to comply with post-judgment (collection)... View More
i do not have 100% going to unsecured debt most of this goes to student loans. do i have any recourse to keep my refund? thank you. if i do not get an exemption, how will they collect the return? wage garnishment? thank you.
answered on Mar 1, 2023
There's no medical exception. The exemptions are statutory and you might be able to exempt your return, or perhaps part of it. The federal exemptions provide $13,950 as a wildcard exemption, you can use it for anything. But it depends what other assets you might have that you need to exempt.... View More
I'm filing for bankruptcy due to excessive credit card. Does it makes better sense to file here in Florida where I'm currently staying to help an elderly relative or my primary state of residency, North Carolina. Specifically, which state offers better asset protection for personal... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2023
The bankruptcy laws in Florida and North Carolina both provide certain exemptions for personal property, including vehicles, which can protect them from being sold to pay off creditors. However, the specific rules and exemptions may vary depending on the state.
In Florida, personal vehicles... View More
Judgment proof? Consumer loan. Aggressive collection agency.
answered on Feb 18, 2023
I'm in PA, and practice in the tri-state area, and in my jurisdiction, social security income, like wages, are exempt from execution/garnishment by judgment creditors. But there is a statutory procedure.
First, the creditor needs to know, or guess correctly, about the identity of your... 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.
