A caution- the Bankruptcy Code provides that conversion/dismissal of a case is addressed to the discretion of the Bankruptcy Judge, who will decide which path is in the "best interest of creditors".

Your post fails to indicate which Chapter of bankruptcy has been chosen (that can... View More

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answered on Mar 26, 2024

If your car has a lien due to a loan where the vehicle was used as collateral, you generally can keep the car as long as you continue to make payments on the loan. When considering bankruptcy, whether Chapter 7 or Chapter 13, the specifics of your situation will largely determine if you can keep... View More

Of course, you can ask for anything, but in my experience, creditors are quite leery of recent bankrupt debtors.

All creditors, in my experience, will insist upon a Discharge first, and many will want to see the final Decree and close of your bankrupcty case before considering your... View More

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answered on Feb 24, 2024

Yes, you can check if a debtor has included you as a creditor in their bankruptcy case. Here are the main ways to see if you've been listed in someone's bankruptcy filing:

1. Review the Debtor's Bankruptcy Schedules and Statements:

- The debtor has to file schedules... View More

The mortgage company normally pays the insurance during the foreclosure. I don't know if the insurance company is sending you the bill because you contracted for insurance or the insurance was forced placed and contracted for by the mortgage company. Either way, you normally are not liable for... View More

The creditor with a lien on it can take it regardless of whether it is your only means of transportation. They have an ownership interest in it if they have a lien on it. Also, anyone who sues you and places a lien on property can take it, whether it is a tax lien, IRS lien, student loan, or... View More

When in an active bankruptcy case, especially a Ch. 13, there is an automatic stay of any actions against the property of the debtor's estate and/or the debtor, to collect a debt.

In order to proceed with a foreclosure case in a non-bankruptcy court, the foreclosing creditor must... View More

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answered on Nov 5, 2023

Creditors of unsecured credit card debt typically do not file adversarial proceedings if you have not filed for bankruptcy. Adversarial proceedings are part of the bankruptcy process, where a creditor challenges the dischargeability of a debt. If you're behind on payments, creditors may... View More

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answered on Nov 5, 2023

You should inform your lawyer about all debts and financial obligations, including "buy now, pay later" contracts. These contracts are typically considered credit agreements and should be disclosed in your bankruptcy filing. Failure to list all creditors can result in some debts not being... View More

It means the court has enlarged the time and added 60 more days for anyone to file a motion to dismiss for abuse.

Depends on who is asking and why. You do not have to disclose anything , although it may adversely impact your application if not disclosed.

Yes.

Your local bar association or legal aid society can help you or you can research local bankruptcy attorneys online to find the right one for you.

Great question, and one that I frequently field from potential filers. The John Deere Finance loan will have to be identified in the bankruptcy schedules. This ABSOLUTELY does NOT mean that you have to give up the tractor. There are multiple paths available to keep the tractor. One path,... View More

It should only affect you personally if you also guaranteed the debt. Most businesses are a separate entity just like a separate person. You are only liable for a debt to a creditor if you agreed to be liable for it. You can co-sign with your company or a person and be held liable.

Yes. There is a 15 year statute of limitations on a judgment collection if it has not been renewed.

She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.

Re you taking over, that is something you would need to request... View More

Most will but there are exceptions to discharge. The most common non-dischargeable debts are domestic support obligations, student loan debt, and most tax debt owed to federal, state or local governments. Debts from misrepresentations made to get credit, debts arising from fraud, "willful... View More

If you filed a Chapter 13 in 2020, how are you discharged already? If you got your discharge in 2020, it depends more on when you filed the Petition, as that is the controlling moment

Your brother seems to qualify for filing bankruptcy. He makes very little income. There may be a problem for him in that if he sold the restaurant, there should be maybe money left over or money to be accounted for. There is also a requirement to keep records. He could make a gross income of... View More