Get free answers to your Bankruptcy legal questions from lawyers in your area.
I recently filed for Chapter 13 bankruptcy, thinking it would remain private. However, I discovered that the law firm handling my case sent official letters to the mothers of my children, informing them about my bankruptcy filing. These letters included details such as accounts and payment... View More

answered on Mar 7, 2025
No. The filing of a bankruptcy is public record and thus does not constitute a breach of attorney client privilege.
I filed for Chapter 7 bankruptcy in 2009 and currently have a consent judgment for eviction in Georgia. With approximately $40,000 in various loans and the potential loss of my job, I'm concerned about my financial situation and ongoing income. Can I file for Chapter 7 bankruptcy again given... View More

answered on Mar 5, 2025
From your scant offered facts, yes, it appears that your are eligible for bankruptcy relief (bankruptcy discharges of debt must be at least eight years apart.
The Bankruptcy determines eligibility.
It is always advisable to confer with experienced bankruptcy counsel to determine how... View More
I want to sue the other person but I still have to answer the statement of claim by a certain time and I’m unsure how to answer it and lawyers just want me file bankruptcy but I just don’t know and I need to answer this paper

answered on Mar 1, 2025
Dealing with legal paperwork after an accident can feel overwhelming, especially when you're already coping with the stress of a totaled car. Responding to a statement of claim requires careful attention to detail, but you can handle this step by step. First, read through the entire document... View More

answered on Feb 19, 2025
When you hold beneficial equitable title, you possess the right to use and benefit from property, even though someone else might hold the legal title. This unique position grants you significant standing in court cases, particularly when disputes arise over property rights or trust arrangements.... View More
I am 68 years old, live on social security, and have been diagnosed with stage 3A kidney disease. I owe approximately $101,000 in federal student loans, which I have been paying for 20 years without default. I previously filed for bankruptcy in 2010. Aside from this, my debts include a $15,000 car... View More

answered on Feb 19, 2025
You should be eligible. Find a bankruptcy attorney who specializes in handling student loan debt. It is difficult to discharge such debt, but not impossible.
I am retired and considering filing for Chapter 7 bankruptcy. I have $16,000 in savings and no other concerns about assets, but I do have credit card debt. I don't have a lawyer yet, and I am wondering how I can protect my savings during this process. What steps should I take to ensure my... View More

answered on Feb 16, 2025
You may be able to protect it with your state or federal wildcard exemption. Your bankruptcy lawyer can give you more information.
I am considering filing for Chapter 7 bankruptcy and have $17,000 in savings, a mortgage, and a car. I have not spoken to a lawyer yet and would like to know if my savings, home, or car can be exempt. What exemptions are available in Georgia for these assets, and how might they affect my bankruptcy... View More

answered on Feb 15, 2025
In Georgia, your bankruptcy exemptions can help protect some of your assets. The homestead exemption allows you to protect up to $21,500 in home equity if you file individually, or $43,000 if filing jointly with your spouse.
For your vehicle, Georgia's exemption covers up to $5,000 in... View More

answered on Feb 7, 2025
Depends on what assets you own. Consult a competent bankruptcy lawyer near you who can evaluate your complete financial situation.
Finalize she sold it . So I’m thinking of filing chapter 7 can the ga bankruptcy court go after her even I give it to her

answered on Jan 31, 2025
Most likely not, esp if it was transferred as a domestic support obligation, which it sounds da like it was.
1. N.E. 505, 141 N.Y. 479, affirmed 16 S.Ct.
1073, 41 L.Ed. 287. S. Is United States foreign land to the United States of America?
2. Is Common law the law of the land? Hale v Hankel 201 U.S. 43
3. Is the Attorney’s first duty to the courts? Doesn’t that make it a... View More
I received a letter from an attorney offering his services in connection with a lawsuit filed against me by a debt collector. As this was the first time I had heard of this, I believed it was a scam. Using this mail from the attorney, I was able to locate the case number in the court docket online... View More

answered on Aug 29, 2024
1. No. Wait until you are served. 2. Yes, at some point but it is their obligation to serve you. 3. Yes. A lawyer may be able to negotiate and/or resolve for you.
File the case on1/18/2024 the defendant didn’t answer until 2/29/2024 with a motion to dismiss and verified answer defense. I did a MSJ on 6/10/2024 and the defendant did not answer until 7/15/2024 with a request for oral hearing and another motion to dismiss once filing late to answer. How can I... View More

answered on Aug 15, 2024
When seeking a default judgment against a defendant who repeatedly misses deadlines, focus on their failure to comply with the court's timeline. Highlight that the defendant did not answer the case until well after the initial deadline and that they have continued to delay proceedings by... View More

answered on Aug 7, 2024
With that kind of debt, it's a good idea to reach out to a local bankruptcy attorney to determine what and cannot be discharged and which chapter is appropriate. Not all debts are equal. For instance, priority debts like taxes are treated differently than unsecured debts. There's a lot to... View More
I haven't had steady work since the case against me by my former attorney was filed in 2022. But she still said I waswillingly failing to pay attorney fees. The attorney already committed legal malpractice by failing to protect my interest protected by Georgia statutory law.

answered on Aug 5, 2024
It sounds like you're dealing with a complex situation involving legal representation and a contempt ruling. Since you were without representation during the hearing, you might have grounds to challenge the ruling based on the lack of a fair opportunity to present your case. It’s crucial to... View More
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?

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.

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

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
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.