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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
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
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
So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?
answered on Sep 8, 2023
Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).
A general partner is personally liable for the debts of a... View More
I want to file Chapter 7. I have turned in all documents asked and both case had been filed as of 8 days
answered on Jul 26, 2023
No two cases are alike, and no two clients, who generate necessary factual information, are alike either.
The preparation of the full Bankruptcy Schedules requires across the board info from the client, both currently and for as long as six years ago.
I've been doing bankruptcy... View More
What route should I take ? I am worried about having a place to live .
answered on Jul 15, 2023
For most debtors, the primary purpose of Chapter 13 is to "save the house".
Ch. 13 enables you to retain the property, make current payments as they fall due, and cure any mortgage deficiency by paying the amount past due on the mortgage debt over the period of the plan (up to... View More
I'm 2yrs into a 13. When I enforce HOA to act (repair/replace/maintain) twice on separate occasions their rep's have responded with "oh and by the way...you owe this on your bankruptcy; attached is an account ledger; we advise you to reach out to our (sic) attorney's to... View More
answered on Jun 20, 2023
Your attorney is correct. That is not a violation of the automatic stay nor is it an attempt to collect a debt. While they may have referenced it when you called them, they did not take any affirmative act toward collecting the debt. Id stay with your current lawyers. They are trying to keep... View More
Hello, I was served with papers on May 23rd which started my 30 days to respond from Prestige Financial. I had filed bankruptcy, Ch. 7 in April 2021 and got a car through Prestige. They were 1 of many people that sent me letters about getting a car because I filed bankruptcy. I'm a married... View More
answered on Jun 14, 2023
Determine whether you view the debt first. If you don’t, challenge it in court. If you do, try and negotiate a payment plan or lump sum payment to resolve. Consular sn attorney who can help you choose the right path.
Times are tough for me i have a lot of medical debt and i'm thinking of filing chapter 7, i live in a moble home worth 9,000 on rented land and a 10,000 non cashable life insurance policy,7 firearm value at 1,500 clothes 150 and 25 bucks in my saving account.Would i be able to keep all these... View More
answered on Jun 7, 2023
Most likely you’d be able to keep everything using your exemptions. Consult a competent bankruptcy practitioner who can evaluate your financial situation and help you make the right decision.
In GA, what is the avg timespan from hiring an attny to the actual filing of Chapter 11 paperwork? We purchased shares of a local business directly from the owner on February 2 and they filed for bankruptcy March 1. During our meetings, they advised they were going to be using the funds to expand... View More
answered on Jun 7, 2023
It could be construed as fraudulent conduct. I would tread very carefully in this matter to avoid any allegations of fraud or misconduct.
Had to retire from my job after 27 years. Fortunately I am able to draw Teachers Retirement disability but its 57% of my salary . I have long term disability but afraid to file clain because of payback rules i do not understand. Im not trying to get out of my obligation. Just need it reduced .... View More
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answered on May 23, 2023
There are provisions in the Bankruptcy Code for asking the court to modify your Chapter 13 plan based on a change of circumstances. If your current attorney is refusing to do so, and hasn't adequately explained it to you, you should consult another attorney in your area. Most will offer a free... View More
I just want to know what agencies or anything can collect debt out of my Georgia lottery winnings when I go to collect. Like will medical bills cell phone carriers, credit card companies?
answered on May 20, 2023
You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.
If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders.... View More
I have 8 months left in my Chapter 13 and never missed any payments. In a month or so, I’ll be getting a $25K inheritance. Is it likely the trustee will try to take it? I have an attorney who will file a Motion to Retain, just thought to get a second opinion.
***UPDATE***
Motion... View More
My daughter’ father was arrested, awaiting trial with pending charges from another counting, five counts of sexual exploitation of a child. It’s been hard for my daughter. I have been separated from my husband for nine months for the well-being of my daughter, since father’s arrest, she... View More
answered on Apr 21, 2023
A divorce can only be filed as uncontested if both spouses sign all of the required paperwork. If you have an agreement that he will sign, you can hire an attorney to draft the paperwork for you. You should reach out to an attorney directly with more information, so they can determine the correct... View More
I filed for a bankruptcy on myself and my old business. It was filed and discharged back in 2022. I want to start over, but this time with a business partner. My old business was custom apparel. This new business will be a collection of businesses. Custom Apparel, Embroidery, banners, print shop,... View More
answered on Apr 20, 2023
If you disclosed all of the debts and assets of yourself and your old business in your bankruptcy Schedules in last year's case, and you've received a discharge, then all of your old creditors are barred from attempting to collect on those discharged debts at this point.
A widow, whose sole income is social security, hired a public adjuster who nolonger wants to work with the attorney they hired. The adjuster is now putting pressure on her to pay him $12,000 or more. Can she file chapter 7 bankruptcy? If so, will it stop him from taking any further action against... View More
answered on Mar 21, 2023
The Bankruptcy Code defines who is eligible to file for Chapter 7, as well as all other forms of Chapter relief. An individual who has not filed for bankruptcy relief and gotten a discharge recently (6 years), and whose income is less than the "median income" for your region is eligible... View More
I also did a volunteerly return of a vehicle within my chapter 7. I've tried many times to get a auto loan but, everyone wants about $3000 to $4000 on a $11,000 to $12,000 vehicle. The higher the vehicle the more down. I had lenders to send me lenders with my credit score being between 621... View More
answered on Feb 26, 2023
I'm not in the lending business, thank heavens, lol, but I have been acting as general counsel for a few credit unions in the tri-state (PA, DE and NJ) region, and this issue occasionally comes up. I advise my lenders that recently bankrupt borrowers are a better than average risk in an... View More
Can both of these be classified under my filing if I only signed paperwork for one . Because they both show up when I try to get anything as both being under my Bankruptcy.
answered on Feb 22, 2023
The answer depends on multiple factors that are not clear from your question (e.g., the date you filed your bankruptcy case; the dates you took out each of your auto loans; what you elected to do with the second vehicle).
Unless you reaffirm a debt, your chapter 7 discharge will include... View More
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