If she is filing a chapter 7 you may be able to enforce the divorce decree language. You will need a bankruptcy lawyer to file an objection to her discharge of these debts. It may be that the amount is not worth the cost to hire a lawyer, but you need to speak with a bankruptcy near you to... View More

If you are eligible for Chapter 7 (have not filed a Chapter 7 in the last 8 years and received a discharge) and pass the means test requirements now, then you can file at any time. Be sure and talk to a bankruptcy attorney near you so they can go over your situation and be sure you do qualify for... View More

All of the statements and schedules and related documents included in the petition are public record. The exception is protection for full social security numbers, names of children, birth dates, and taxpayer id number. Upon a motion to the Court, sometimes other information can be kept private by... View More

Unless your household size is 5+, you're above the median income in Indiana, so your eligibility to file chapter 7 depends on the means test, which requires a more comprehensive analysis. You would need to retain a bankruptcy attorney to do this analysis.

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It is possible. A judge has the ability to impose sanctions such as a fine or jail time, if you are found guilty of contempt of court.

Information provided for informational purposes only, and should not be taken as legal advice.

It will apply, but easily nullified. The hearing maybe allowed to go forward, depending on the Judge in the Bankruptcy Court.

You count from the filing date of the 2010 petition, not the discharge date. Hope that helps. Good luck!

Unless she has an Eviction Order, no she can not put you out. She will have to get relief from the Stay from the Bankruptcy Court first, then she can go to Landlord Tenant Court. Make sure your deposit is listed as an exempt asset on your Petition

This is not a fair question. Can you? May you? Should you? Or are you asking if you will or could be garnished in the next 3 months? I must assume you are not eligible to file now? Can anyone predict the future? Sorry, not something anyone can really answer. So, just file sooner rather than... View More

Sure. Any source of funds that you receive on a regular basis could be income to support a chapter 13 plan. Talk with a bankruptcy lawyer in your area to look at your situation and see if chapter 13 would be a good option for you. Good luck!

Yes. You do not have to wait on the sale. You should notify the attorney doing the foreclosure and the sheriff office that you are vacating the property. Also, turn off the power and water. If you had a bankruptcy lawyer, tell them that you are moving out. Good luck!

Have the State Court issue an order coiding the judgment. You can probably do it with a letter with proof of filing. Call the state court clerk or judge's chambers that issued the order.

You do not get a warrant for failure to appear for the initial hearing. As the summons stated, it may result in what is called a default judgment against you which is where the other side gets everything they ask for automatically because you were not there at the appointed time. If you were to... View More

You have the right to hire an attorney and object to the dischargability in his bankruptcy of the the debts he is to pay in the divorce decree. You will have to decide if the amount of the debt that could come back to you will be worth the cost of an attorney to file the objection. Call an attorney... View More

Bankruptcy maybe an option. Other factors to include are home ownership, number of people in residence, how many mortgages on property. Amount of income between you both will also be a determining factor on whether you file a Chapter 7 or a Chapter 13. Credit Scores are not factored into the... View More

It would depend on the actual student loan. While some private can be discharged, it depends on several factors including how written and who was original lender.

You will need to see a bankruptcy lawyer before the foreclosure date to determine if you qualify to file a bankruptcy case. Chapter 13 is most likely going to be the best way to stop the foreclosure and maybe keep the rental property. The IRS repayment can be dealt with in a chapter 13 plan and the... View More

Yes with conditions and limitations. If you as the tenant are behind on the rent and you wish to assume the lease you must stay current on post-petition rent and cure the arrears in a timely manner. If your landlord already has a judgment for possession in an eviction you must file Official Form... View More

It depends on if you a did a chapter 7 or a chapter 13. Under a 7, as long as the all the proper paperwork is done and you file the second credit counseling and notify the court of the move, no problem. Under a 13, all plan payments have to be met and other issues dealt with. Talk with your... View More

Difficult situation. You might be able to apply to the Court to pay the filing fees in installments, but that is the only thing..