Get free answers to your Bankruptcy legal questions from lawyers in your area.
Is this the same as canceling the bankruptcy? If the motion is granted, does that mean creditors will not be paid? Do I need to hire an attorney and attend the upcoming hearing regarding this motion in order to protect my interests?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024
When a Chapter 13 debtor files a motion to suspend plan payments, it means they are requesting a temporary halt to their bankruptcy payment plan, usually due to a financial hardship. This is not the same as canceling the bankruptcy. If the motion is granted, the debtor may temporarily stop making... View More 
My father filed for chapter 7 bankruptcy on May 23rd 2024. He gifted me cash to help me out in February 2022. Am I (the recipient) on the hook to pay that money back to the trustee? This would be over two years ago. He had no idea he would run into enough trouble for bankruptcy at the time in 2022.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024
It's understandable to be concerned about receiving money before a family member's bankruptcy filing. In your case, since the gift from your father was given in February 2022, over two years before he filed for Chapter 7 bankruptcy, you are generally not required to return the money to... View More
The bankruptcy was filed 6 months ago. The plan was confirmed 6 weeks ago.
answered on Jun 17, 2024
The timing of distributions by the Ch. 13 Trustee rests with that trustee.
Maddening as it can be, I have heard more than one Judge say, "my Trustee". And once was in a case where the Trustee had over $200K of my client's money, held those funds in an IOLTA account (the... View More
That when you file you’ll be able to get a home in 2 years but I’m being told by people who have been through it already they are 7 years out and they still cannot get a home and having trouble building credit because no one will give them loan or credit card or home etc
answered on Jun 2, 2024
This question is best directed to any of the lenders out there, each of whom makes a "credit decision" upon loan applications.
Currently, interest rates are high, and the Fed has been tightening the money supply.
My own experience is that, more than usually, lenders, even... View More
My credit score is 750. I’ve Always paid my bills on time and always pay more than the minimum on credit cards. Now I can barely pay the minimum. citi card won't lower the 24.99% rate or extend the 0%. I can’t pay off $15k in credit card debt at my age. i am considering credit counseling... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2024
As someone in your situation, bankruptcy could potentially be a viable option to consider, but it's important to carefully weigh all your options before making a decision. Here are some thoughts and suggestions:
1. Consult with a bankruptcy attorney or credit counselor: It's... View More
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
