Get free answers to your Bankruptcy legal questions from lawyers in your area.
still have the title until I completely pay the bankruptcy off, but I have been recently in a minor accident and the insurance company wont pay me unless I have a lienholder release form. Will I be able to get that since the car is paid off eventhough the bankruptcy isnt?
answered on May 15, 2020
You should be able to, yes. Consult the trustee on your case and tell him what has happened.
Divorce final 12-2018. Ex wife who lives in Tennessee filed bankruptcy on truck I was awarded in divorce. Her name was supposed to be court ordered off title but that didn't get put in divorce so it didn't happen. I was never notified. It went into bankruptcy in April of 2019. I recently... View More 
answered on Apr 25, 2020
You should contact a bankruptcy attorney who can evaluate the entire financial and divorce action and help you decide what your best option is going to be.
It has past late charge fees and past other fees. I filed in 2009 and never got a statement like this before. What does this mean? It also states our records show I I’m a debtor or I discharged personal liability for my mortgage loan in bankruptcy
answered on Apr 25, 2020
The bankruptcy administration finally caught up to the mortgage. The accuracy of how they are reporting you depends on whether you reaffirmed the mortgage or not.
The bank just now (in 2020) notified the trustee In January 202 of non payment. As of now I still have possession of the vehicle. I have not been notified by the trustee regarding the past non payment. I continue to pay my monthly 13 plan payment however, I still have not made any payment regarding... View More
answered on Apr 14, 2020
You will need to modify your Chapter 13 plan to provide for payment of the auto or you can surrender the car and leave the plan payment as it is.
Or do I have to assume the loan first
answered on Apr 14, 2020
A debtor's assets in bankruptcy include property received by bequest, devise or inheritance. Please review section 541 of the bankruptcy code before making any decisions. If you are inheriting the house and there is equity, you need to analyze how that equity is treated if you file for... View More
Just wondering should I not spend it just in case the trustee asks for it. Also read that if they are going to take it they have to report it to the us trustees office. I just want to use the money as it was intended to help pay my bills and put food on the table.
answered on Apr 13, 2020
It is not income to you and you should be able to spend it on your bills, expenses, etc. you should check with your bankruptcy attorney but most of the trustees are not pursuing the stimulus checks.
My friend was told by his lawyer the stimulus would be taken by his trustee. I have read all the other questions relating to chap 7 and the stimulus and not counting as income. My friend filed on the 29th and I filed on the 28th of March by myself. Maybe it depends on the trustee. I just thought... View More
answered on Apr 9, 2020
Yes, if you do not have an attorney. If you have a lawyer, the trustee can only speak with him, not you.
There are a few provisions under the cares act for chap 13 but I don't read anything for chap 7 saying that the stimulus is safe from the trustee. Is there something that specifically says I will get to keep the stimulus so I can cite it if the trustee brings it up. When I filed I had 3100 in... View More
answered on Apr 7, 2020
No. The stimulus check should not be part of your bankruptcy estate as it is not income so if you otherwise qualify, you should get the check.
It was a chapter 7. I see the provision for chapter 13 where it says the stimulus would go to the debtor but is there something for chapter 7 as well. stimulus is considered to be part of my bankruptcy estate. So I'm reading it can be taken by the trustee to satisfy creditor debts. My question... View More
It would be considered post petition. I filed on my own so I am trying to get information.
There is so much information out there that is very confusing. I filed on March 31st. From what I have read it can't be taken to pay creditors which is ultimately the job of the bankruptcy trustee
To send a stimulus check?
answered on Mar 28, 2020
It is but he will still have to pay for it bc it is a non-dischargeable domestic obligation of support. Hire a bankruptcy lawyer to go in and get it for you. You can likely recover your attorney fees in the divorce action.
I have a judgement against me in a civil suit for credit card debt. They just filed for a Memorandum of Judgement. What does this do for the case going forward?
answered on Mar 9, 2020
They’re asking to court to grant the judgment because there are no material facts in dispute.
I want to know also if I can come off the credit card so she can keep cc's without anything happening to her credit score and report.
answered on Mar 4, 2020
She doesn’t get dinged unless you or she does not pay the bill.
$200 balance - $2500 limit
#2 menards - $300 balance $2500 limit...used for emerge like fridge or oven
answered on Feb 22, 2020
Depends on whether you’re filing a Chapter 7 or 13. Consult your bankruptcy attorney for specifics.
Out of USA.But they say i should pay tax.
How can i transfer this money?
answered on Feb 20, 2020
If your "friends" has the money you may be out of luck. This is why no one should "submit" money to anyone withou some assurances about how to get it back.
Married, Live in IL, self employed for apx $35k/yr. Part time about $150/wk. Main income comes via 1099 contract work. Part time is a traditional paycheck. Business is service based with no assets and is handled as a disregarded entity for taxes. All debts are in my name only. We own a house that... View More
answered on Feb 24, 2020
Check the Illinois exemptions and you can determine how much allowance you have for each category. After your exemptions are used, whatever is left over is non-exempt and can be taken.
Would I be better off to turn it in? If I filed chapter 7 does it make any difference if I do it before repossession or after?
answered on Feb 3, 2020
If it is repoed before filing, you can list them as a creditor, file, and simply walk away. If it is after, the creditor must seek leave of court to terminate the stay and get the auto.
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