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
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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
answered on Feb 7, 2023
This is unnecessary. Federal court documents are filed electronically via the federal court’s ECF system. Once the documents are prepared on a computer and electronically signed, you should file them electronically and keep a copy for your use.
If you want to retain a hard copy for your... View More
One account is a lease for a photo printer. $800 the printer was damaged in our last hurricane and trashed by accident now client wants to pick up printer or be paid can I be arrested?
answered on Jan 24, 2023
You may be able to get some help from your local bar association or legal aid society. You cannot be arrested for the damaged printer.
All eligible employees get them free of charge, however, I cannot touch them unless my employment with Publix ends for any reason. Then the funds are available immediately, without age limit ( do not have to wait until retirement age to access the funds). I also have some Publix stocks in my... View More
answered on Jan 5, 2023
For as long as I've been practicing, Florida has been known as a debtor's haven, one of the most generous, along with Texas, to those who owe money to others.
While you don't mention the form of your expected bankruptcy case, the definition of what's includable in your... View More
On the claimants section out student loan debt is listed with proposed payment amount. Does this mean our student loan debt is part of the bankruptcy? We didn't think it would be.
answered on Dec 20, 2022
Yes, it is. It has to be accounted for because it still has to be paid.
Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence
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answered on Dec 12, 2022
Hiding assets to avoid creditors is illegal. However, if your primary residence in Florida has a homestead exemption then Article X, Section 4 of the Florida Constitution exempts homestead property from levy and execution by judgment creditors. This means a creditor cannot force the sale of your... View More
answered on Nov 30, 2022
Yes. Check with your local bar association or legal aid society.
I have no car, no land, no house, and no business. I have been unable to work/go to school (I had to drop out) the past few years because of serious mental health issues (I've been to residential treatment twice in the past two years). I have complex-PTSD and have been experiencing very acute... View More
answered on Nov 17, 2022
It may be possible based on your circumstances. Please seek qualified counsel in your jurisdiction. It would probably have to be by adversary complaint, so make sure counsel knows what they are doing
answered on Nov 9, 2022
Depend on your contract you signed. It will control. If non-refundable, you may not get the money back. If silent on that issue, you may get the unearned portion of the fee back.
My family helps keep the house payments up but it’s in my name
answered on Nov 1, 2022
Depends on the equity and encumbrances on the house. You should consult a competent bankruptcy practitioner and go over your entire financial situation prior to making a decision.
and my step fathers. My question is can they come after my house for my mothers medical bills? A lein ect? Should I try getting my step father off of it?
answered on Aug 25, 2022
No. Not unless you signed to be responsible for your mothers debt. They would be subordinate to the mortgage in any event.
answered on Jul 5, 2022
It depends on what type of bankruptcy you filed and why it was dismissed. A chapter 7 does not protect the property from sale and only keeps the bank from holding you personally liable. I am guessing, and that's a big guess since you did not post sufficient facts, that you filed a Chapter 13... View More
The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... View More
answered on Jun 22, 2022
Did she get a discharge of her debts or was the case dismissed? Was the debt included in the bankruptcy? Was it a secured debt? If it is a secured debt (mortgage on real estate, car loan), the company can move forward with an action to recover the property. More facts are needed and she should... View More
I called chapter 13 trustee they told me to contact my bankruptcy lawyer or bankruptcy court no one is doing anything, what do I do
answered on Jul 5, 2022
Your bankruptcy lawyer should be able to review the papers and answer your questions. The bankruptcy court cannot do anything without a motion or pleading filed to bring it to the court's attention. You don't mention what the fees are for but if there was a judgment in the foreclosure... View More
answered on May 20, 2022
There are no eligibility limits for debt to file a Ch. 7 case; there are income ceilings, however. (Unlike a Ch. 13, for which there are debt limits for both secured and unsecured debt totals).
A cautionary note- any charges made to a credit card within 90 days prior to the filing of a... View More
Thank you very much.
answered on May 20, 2022
Where's her lawyer?
Under certain circumstances the code permits a death during pendency to be treated as a probate estate.
Where's your lawyer?
If her estate is of value to you then you need your own lawyer to analyze and assist. Your question is too vague for a... View More
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?
answered on May 11, 2022
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... View More
answered on May 10, 2022
There is no minimum income level needed in order to file bankruptcy.
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