I found out after looking up some court information that he put down he did not know where I live, but he lived with me prior and had to pay child support at time. Can I be removed off the creditor list? I have agreement he has yet to pay me for that was signed before he filed.
answered on Apr 20, 2024
It sounds like you are a creditor bc of the unpaid agreement but that should not affect you getting paid bc domestic and other support obligations are non-dischargeable. You might, however, want to report his fraud regarding where you lived to the US Trustee handling his case.
He filed in 2019, but I just found out this year after pull some paperwork for cour. He put down he didn't know where I lived at. He did know because we have children and he lived with me the year prior to him filing. The chapter was discharged.
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answered on Apr 20, 2024
It's important to address this situation by understanding the potential implications of your ex-husband's actions. Since he declared bankruptcy and listed you as a creditor, stating he didn't know your address could affect various legal aspects, especially if there were debts owed to... View More 
I loaned money to someone who has now filed chapter 13. I was purposely (not accidentally) left off the creditor list. Should I report that to the trustee for the case?
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answered on Feb 4, 2024
Yes, you should consider contacting the trustee in the Chapter 13 bankruptcy case. If you loaned money to someone who has intentionally left you off the creditor list, it's important to address this issue with the trustee. Filing a proof of claim with the bankruptcy court can help protect your... View More
answered on Feb 4, 2024
This is a fairly simple question, but it's not your first, nor even your second. It and those before it illustrate an important point: Bankruptcy can quickly become a complex thing, even for those who have practiced within its scope for years.
Inother words, the bankruptcy area of... View More
I received notice from a credit company that the person I cosigned a loan for has filed chapter 13. There is a stay in place, but once that stay is removed I will be obligated to pay off the remainder of the loan. Is there any way to avoid this debt?
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answered on Feb 3, 2024
In a chapter 13, the debtor is required to pay some or all of their debts over a 3 to 5-year period. So you should check out the proposed plan to see what percentage of the debt you cosigned on will be paid. If you are still left being held responsible for some portion of the obligation, there is... View More
I loaned money to a friend and I also co-signed a loan for her. Both loans are still active. Now my friend has filed chapter 13. Should I identify myself as a creditor only or a creditor and a guarantor on my proof of claim form?
answered on Feb 2, 2024
While your question indicates that both loans are "active", you don't say whether your obligation on the guaranty has been called/paid.
As a guarantor on a loan not yet repaid by the debtor, you have a contingent claim (check the bankruptcy Schedules to see how the debtor... View More
A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More
answered on Jan 30, 2024
Creditors not listed by the debtor on a bankruptcy Petition and Schedules may not have their claims discharged, UNLESS they have reason to know about the bankruptcy filing.
If the bankruptcy case is known, a Proof of Claim, at least, should be filed.
There are other alternatives.... View More
Wanting to file chapter 7 on credit card debt but the debt was incurred when I didn’t have a job. We always used my husbands income to make payments but with inflation and rising interest rates the credit cards have become unmanageable. Will it affect me filing? Will it affect my husband?
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answered on Jan 13, 2024
Having no income, or limited income, can affect your ability to file for Chapter 7 bankruptcy, but it doesn't necessarily prevent you from doing so. Chapter 7 bankruptcy is typically intended for individuals with unmanageable debt who cannot reasonably repay their creditors. If your credit... View More
Me and my husband file together(I have no job) we have two small children, how would the tax return be affected before or after bankruptcy? Would it be taken? Would it be easier for him to file married and separate? Or would that be fraudulent?
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answered on Jan 13, 2024
Filing your tax return can be affected by bankruptcy, especially if you're filing jointly with your husband. It's important to note that tax laws and bankruptcy laws are complex, and the impact can vary based on your specific circumstances.
Before bankruptcy: If you file a joint... View More
I want to file bankruptcy chapter 7 because we are barely making it! We have enough income to pay credit cards(no missed payments) bills and then only a little left. So in order to buy groceries or basic needs we still use credit cards. We’re essentially paying credit cards and using what we... View More
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answered on Jan 13, 2024
Using credit cards for essential expenses before filing for Chapter 7 bankruptcy is not automatically considered fraud. It's essential to understand that bankruptcy laws are designed to provide individuals and families with a fresh start when they are struggling with overwhelming debt. While... View More
When starting the process for bankruptcy you’re instructed to stop paying credit cards but how is the money from not paying them looked at from a bankruptcy perspective? If I stop paying my credit cards I will have an extra $1300 would the trustee take this? Wouldn’t that defeat the purpose of... View More
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answered on Jan 12, 2024
Generally, when you stop paying creditors, such as credit cards, you will use the money to pay other living expenses, including attorneys fees for filing bankruptcy. In some states, including California, if you stop paying creditors, your late payment record will stay on your credit report after... View More
I found out my tenant filed bankruptcy during a dispossessory hearing, how do I find out the case# and information
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answered on Jan 4, 2024
You can ask the tenant for it. If that doesn't work, you can go on the Bankruptcy Court's electronic filing system (www.pacer.com), register, and find it by entering the debtor's name and, if you have it, the Social Security number. That should pull up the case number and filing date... View More
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answered on Dec 31, 2023
In your Chapter 7 bankruptcy case in Georgia, when it's stated that the debtor is discharged and assets are reported with no deadline to file a claim, it indicates a specific stage in your bankruptcy process.
A discharge in a Chapter 7 case means that the debtor is released from... View More
I gave my sister my house in 2009 after purchasing a new house. We didn't do a quit claim deed then. Flash forward to today, i'm behind in my mortgage and am going to file bankruptcy. I was going to do the quit claim deed before hand to legally give her the other house, will there be... View More
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answered on Dec 14, 2023
Possibly. The bankruptcy trustee can challenge any transfer to a relative within one year prior to bankruptcy and drag the property back into the bankruptcy estate for the purpose of paying creditors. If you record a quitclaim deed within that period, it might be challenged, particularly if there... View More
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answered on Dec 4, 2023
If you find defamatory content in a judge's final order, there are limited options available for addressing this. The content of a judicial order typically reflects the judge's findings and opinions based on the presented evidence and legal standards. However, if the content seems to... View More
I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More
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answered on Nov 17, 2023
Once you fall three months behind on your mortgage payments, your lender will likely start foreclosure proceedings. A chapter 7 would delay but not prevent foreclosure (unless you have a lot of equity). A chapter 13 would allow you to bring the payments current over the course of a chapter 13 plan... View More
If I can still sell house now and stop bankrupcy for actually going thru in ga. How much time do I have bf I must cancel and avoid it from going thru?
answered on Nov 5, 2023
You don't say so, but it sounds as if you filed pro se, without counsel, and that's always dicey for a non-lawyer.
If you filed at least the minimum required documents (the Petition, a Certificate that you completed the approved counseling course prior to filing, and a full list... View More
I am suing in Georgia small claims for 14k. I had an agreement with the defendant that I would put them on my credit card to build their credit and they would pay me monthly on charges incurred. They ran up the card 10k. I've filed the suit, defendant has been served. While I wait for the... View More
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answered on Nov 4, 2023
It depends on when the defendant filed his last bankruptcy. If he received a chapter 7 discharge, he must wait at least 8 years before he can file again. If it was a chapter 13 discharge, he only needs to wait two years to file another chapter 13. After a chapter 13 discharge, he has to wait 6... View More
I live in the state of Georgia and I cosigned with my nephew on his private student loans (Navient Tuition Answer). He received a discharge from his Chapter 7 filing and the loans were forgiven. He owes 186K and they are coming after me for the balance. If I file Chapter 7 will I lose my -... View More
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answered on Nov 5, 2023
In a Chapter 7 bankruptcy in Georgia, you can use state exemptions to protect some of your property, including equity in your home. The Georgia homestead exemption may cover some of the value of your land and home, but it has limits. The exemption for homestead is $21,500 in value and can be... View More
My one secure debt is from me stupidly pawning my car title. I owe $5500. I was told I’d pay $136 + $620 a month for TM with TM being paid off in 8 months. But my petition shows I will pay $756 for 36 months. Will my payment drop to the $136 a month once TitleMax is paid off?
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answered on Nov 5, 2023
In a Chapter 13 bankruptcy plan, your payment can indeed change over time. If your plan is structured so that you're paying off the TitleMax loan within 8 months, once that debt is fully paid, your plan payment may be adjusted. However, this depends on the other debts included in your plan and... View More
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