Get free answers to your Bankruptcy legal questions from lawyers in your area.
I hired an RE agent to sell the property, but no offers came before the FC date. I filed Chapter 13 BK to delay FC, planning to dismiss the case once an offer was accepted and sell the home to retain equity.
A week after filing, I received a low offer. To encourage the sale, my RE agent... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2024
This situation suggests potential fraud, as your real estate agent appears to have misled you about returning the excess commission after bankruptcy dismissal. Their actions raise red flags - first offering a reduced commission, then suggesting an inflated one with promises of refunding the... View More
I issued the stop payment because it was for a subscription I had with the creditor to use they're cash advance services. They refused to stop charging me the subscription fee till they received all the money owed to them. I am unable to pay them at the moment so I felt like my only option was... View More
I have a question about Chapter 7, Schedule C, question 3... "Are you claiming a Homestead Exemption of more than $189,050?" Kansas (where I am) has an Unlimited Value Homestead Exemption (just an acreage, up to 160 acres outside city limits, limit.)
I'm filing pro se, and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024
You can file for Chapter 7 bankruptcy again, but there are specific timing rules that apply. Since you received a discharge from a Chapter 7 in 2002, the law requires you to wait 8 years from the date you filed that case before you can file another Chapter 7. However, because you also filed a... View More
I live in missouri also lost job after graduating rehab program and have literally moved 2 times in the past year. And also been doing the same job but contracted out and owners have switched 3 times since starting already 3 months behind on rent and barely making 550$ car payment
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2024
It sounds like you are facing a lot of challenges right now, and dealing with a lawsuit from credit card companies can be overwhelming. The first thing you should do is respond to the lawsuit, even if you don't have the money to pay. Ignoring it can lead to a default judgment against you,... View More
answered on May 1, 2024
Honestly, is how you report all bankruptcy submissions.
What you file in Bankruptcy Court is subject to the penalty for perjury, a major felony penalty.
It is never a good idea to morph a mere debt problem into a potential criminal exposure.
Especially given the possible... View More
I closed my chiropractic business (LLC filing as S-Corp) and I was the owner and chiropractor (w-2 employee) due to financial issues, I still owed 8 months in a lease and many other bills causing me to seek out filing bankruptcy, which I have an attorney but is out this week and some things just... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024
Based on the information you provided, it seems like you are in a difficult financial situation and are trying to find a way to continue practicing as a chiropractor to support yourself. However, there are several legal and ethical considerations to keep in mind:
1. Bankruptcy proceedings:... View More
When filing chapter 7 bankruptcy in Missouri must I include all vehicles that are in my name, regardless if they are mine or not? I am asking because I bought a few auction vehicles for relatives, they paid for them. I am worried that if I do they could be taken away from them during the... View More
answered on Sep 28, 2023
Yes. You must list all property owned by you or in your name.
If I file for bankruptcy and he gets very upset and filed for divorce how would that affect my bankruptcy? Can he try to get me to pay the debt in the divorce?
answered on Jul 14, 2023
You can file your bankruptcy case and your divorce case on the same day. However, from a practical perspective, it may make more sense to get your bankruptcy behind you before filing for divorce. This is because, by having the debt discharged before the divorce, you reduce the number of issues that... View More
Because the hospital failed to provide information in a timely manner. What should I do?
answered on May 16, 2023
A Kansas attorney could advise best, but your question remains open for four weeks. You may need to consult with a local attorney on this, but you could first reach out to the Kansas Department of Insurance to see if they could offer guidance. Departments of insurance nationwide monitor and oversee... View More
I get social security and a small monthly pension. I live with my daughter, so no personal property other than my clothes and my car. I can pay payments and pay to keep my Menards card and my 2 Bank of America cards. Most of this debt happened when I had to have extensive dental and medical... View More
answered on Mar 12, 2023
If you file a voluntary bankruptcy petition, you will be signing Schedules of ALL your assets and debts, under penalty of perjury. So yes, you must "file" on every debt you have at the date you file for bankruptcy relief.
That said, you have the option to reaffirm any otherwise... View More
My father is still waiting for his interview to get the visa. I don't know when the immigration visa center give the interview date that is final step ? So maybe after filing the bankruptcy, they reject my father's case? Please let me know what should I do? It is very hard situation and... View More
answered on Jan 16, 2023
I would wait until he has his green card and is completely through the process before filing bankruptcy.
Only apply to me? Will I get the full stay? Or if it doesn't can I file alone and get it?
answered on Jan 8, 2023
Your bankruptcy lawyer can answer that more accurately than someone on a Q&A site like this. The re-filer needs to ask to have the stay reimposed, but the new filer doesn't. How the court handles it will to a large extent depend on the district you are in and who is your judge.
d
The mortgage is only in my husband s name
answered on Jan 6, 2023
If you are named on the deed, you have a legal interest in the home that the bankruptcy stay will protect.
Even if you are not named on the deed, the fact that you live in the house (assuming you do), then you have at least a possessory interest in the home that is also protected by the... View More
The next day the truck was gone and we thought the lender took it. Several days later the lender said they did not have the truck and it must be stolen and to report it to the police which we did. The truck has not been located. Now the lender is contacting us. What are our options?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2022
Without seeing the loan agreement that discusses remedies in the event of theft, perhaps the asker owes the full cost of the vehicle minus payments made.
Responsibility. Debtor's sibling pays remainder of case with agreement all property released from case goes to him. Estate executor lies and withholds some property. What can sibling do to receive said property? Is this fraud in any form?
answered on Dec 8, 2022
It is fraud in every form and the debtors sibling should file suit against the estate and the executor personally.
Is it best to surrender the car or do a reaffirm agreement?
answered on Oct 8, 2022
You would have the option to 1) surrender and owe nothing further, 2) keep making the monthly payments but not reaffirm, or 3) to keep making the monthly payments and reaffirm. You would likely only want to reaffirm under limited circumstances - mainly only if the vehicle was worth a good bit more... View More
I earned a degree from my local university. I have not been able to get a job in my field and now after applying for 100+ jobs on their website over the last 15 years, their application portal will mysteriously not let me apply for anymore and nobody can figure out why. Can I sue them for... View More
answered on Jul 1, 2022
You’re going to need some in depth research and data to prove that the degree is worthless or that the university is blocking your efforts to find a job. May be a tough row to hoe.
I have been made an offer on my home, enough to pay off the mortgage and other BK expenses.
answered on May 31, 2022
To sell your primary asset, you will need to amend your Plan. Post-confirmation modifications are permitted, but proposed modified plans are subject to objections to discharge. The Trustee may object, but that would depend upon the details of your modified plan. If the Trustee, or any creditor,... View More
What happens if I stop paying them. Will they take my SSI
answered on Feb 2, 2022
No creditor is allowed to intercept or take your SSI income - so long as the money is not mingled with other monies in a bank account. If you earn some part-time wages and add those into an account that also has your SSI, then your SSI may in danger of being garnished at the bank (frozen and... 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.
