Get free answers to your Bankruptcy legal questions from lawyers in your area.
Can this be done without the total selling price being taken by court? We are in the state of Louisiana.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 4, 2024
In a Chapter 13 bankruptcy, the debtor's assets, including their home, are protected by the automatic stay, which prevents creditors from collecting debts or foreclosing on the property. However, selling a home while in Chapter 13 bankruptcy can be complex and requires court approval. Here are... View More
Tax and interest of $15,000
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Mar 30, 2024
The Bankruptcy Code enables a bankrupt debtor to discharge certain kinds of income tax debt, specifically, those for which an accurate return has been filed more than two years and four months prior to the bankruptcy filing. The IRS official position on this issue is set forth here.... View More
I was convinced to buy a car a couple years back at a dealership through credit acceptance I had just turned 18. I was paying almost 600 a month and they charged me 20,000 for a used 2014 ford focus. It broke down after a month and I was told to bring it to a ford dealership to get it fixed so I... View More
![Martha Warriner Jarrett Martha Warriner Jarrett](http://justatic.com/profile-images/1671139-1684368721-sl.jpeg)
answered on Oct 18, 2023
If they have filed a lawsuit against you, you can defend the lawsuit and raise all those issues as a defense but it will be a long and expensive fight that you are unlikely to win. Unfortunately, you are dealing with a bully who has the ability to crush you. However, once they get a judgment... View More
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Jul 24, 2023
You don't ask a question here, just offer up a few facts.
Apparently, however, you are having debt issues. Imho, you have chosen the most expensive way to deal with those debts.
I strongly advise you to consult with a professional about your entire debt/asset/income... View More
will not set up payment plan. I have made several offers of monthly amounts that I can pay but they will not accept. When in court the judge told me to call and set up payment plan but now that's not happening. What should I do?
![Randy Bryan Ligh Randy Bryan Ligh](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jun 6, 2023
Did you call the actual creditor or did you call the attorney for the creditor. If oyu called the actual creditor, then I would contact the attorney for the creditor and make the same request----usually they will either discuss your request and pass it on to the creditor, or they will provide you... View More
Thank you
Kellie
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on May 21, 2023
If you file for Chapter 13 relief, there is a "co-debtor stay" that takes effect when the Petition is filed with the bankruptcy court, which pertains to claims that are "dealt with" by the Plan.
If you file for Ch. 7 relief, there is no co-debtor stay, and the vehicle... View More
He lives in the home. We are both listed on the deed to the home but I am on the mortgage alone. If he files chapter 13 bankruptcy and includes the home, would this stop the upcoming sale and foreclosure? If Ch. 13 temporarily stops the sale, what are the steps he should then take to keep the... View More
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Aug 19, 2022
When a Ch. 13 case is filed, there is both an immediate automatic stay prohibiting creditors to proceed against the debtor and/or his assets, and importantly, there is also an automatic "co-debtor stay" to prohibit creditor actions against other non-bankrupts who are jointly liable with... View More
What are drawbacks of separating/divorce?
![Matthew M. McArthur Matthew M. McArthur](http://justatic.com/profile-images/1510880-1641250472-sl.jpeg)
answered on Jan 3, 2022
Generally speaking, when a bankruptcy case is filed, a protection called the automatic stay goes into place that prevents creditors from trying to collect against the person that filed bankruptcy (i.e., the "Debtor") or against their property. Usually when a motion to lift stay is filed,... View More
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Jan 1, 2022
The Bankruptcy Code, and the several Schedules of assets and debts, signed under penalty of perjury, do NOT permit you to "exclude" any debt or claim, or any asset. If you failed to mention your home mortgage indebtedness, amend your bankruptcy Schedules as soon as possible.
At... View More
I've had multiple strokes and am now immobile. My only income is SSA. Can my bankruptcy payment be reduced?
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Dec 2, 2021
Yes, your plan payment can be adjusted even after your plan has been confirmed.
Your bankruptcy lawyer should be consulted, and should do the modification for you without further charge.
1. being as the home and land, under my name in Missouri was purchased BEFORE we married,
2. WE OWN a mobile home IN TEXAS with no land under her name bought AFTER we were married that WAS OUR MAIN RESIDENCE,
3. and a RV PURCHASED AFTER MARRAGE in Louisiana ?
Also... View More
![Douglas Lee Bryan Douglas Lee Bryan](http://justatic.com/profile-images/706239-1594049843-sl.jpg)
answered on Nov 8, 2021
If Louisiana is your permanent address, and you have no plans to move in the immediate future, you can file in Louisiana. I would defer to someone who is familiar with the divorce laws of the other states to say if you can file in one of the other states.
I LIVE IN LOUISIANA, MY SOON TO BE EX WIFE LIVES TEXAS AND SOMETIMES IN MISSOURI. WE HAVE PROPERTY IN BOTH STATES . ALSO, I WAS NEEDING TO KNOW WHICH ISSUE NEEDS TO BE HANDLED FIRST ? I NEED TO FIND A LAWYER WHO HANDLLES BANKRUPTCY, COMMUNITY PROPERTY AND DIVORCE OVER MULTIPLE STATES. HOW... View More
![Timothy Denison Timothy Denison](http://justatic.com/profile-images/1499047-1523828447-sl.jpg)
answered on May 30, 2021
Possibly, yes. It depends on why your license is flagged and the reasons for the suspensions.
I was told it was ok to leave the $ in my checking account and the trustee could not take it. Is this correct?
Will they ask for his bank statements being that he is not filing. He’s receiving unemployment. They did ask for pay stubs showing he received unemployment, but my question is being that he’s not filing do they normally request a non filing spouses bank statements?
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Mar 3, 2021
When one individual in a household seeks bankruptcy relief, the income of other household members is of interest to the Ch. 7 Trustee, because of the "means test", which determines eligibility to be a Ch. 7 debtor (compared to a Ch. 13 debtor). The presumption is the nonbankrupt... View More
I filed Chapter 7 in Louisiana..I was told that the trustee can't take my EIC or Child Tax Credit from..is this correct?
![Eric M. Wilson Eric M. Wilson](http://justatic.com/profile-images/661343-1704730909-sl.jpeg)
answered on Jan 14, 2021
In the Northern District of Alabama Western Division - the Trustee does not take your EIC or Child Tax Credit
March 2020 had to convert to chapter 7. Included in the chapter 13 was $15,000 of irs debt due to taxes on wages earned in 2015 and 2017, when the 13 was converted to chapter 7 we were told everything in the chapter 13 would be included in the chapter 7 he even has emails from the attorneys legal... View More
![Cristina M. Lipan Cristina M. Lipan](http://justatic.com/profile-images/1527145-1511979610-sl.jpg)
answered on Jan 6, 2021
It's because taxes are generally non dischargeable, meaning it survives the bankruptcy case. When a case is converted to chapter 7, the same debts remain in the case. The IRS not receiving notice of the discharge is irrelevant, because you could always send them a copy after (and this is sent... View More
Due to losing his job and unable to find work Due to COVID. The chapter 13 included $15,000 in irs debt and we were told everything in the chapter 13 would be included in the chapter 7, we even have emails from the attorneys legal assistant indicating they were included and the judge signed off... View More
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Jan 6, 2021
There's only one "kind" of Ch. 7 bankruptcy cases, and the Bankruptcy Code is a federal law, so applies equally in every state.
When a bankruptcy case is filed and the sworn Schedules are completed and filed, EVERY claim/debt must be listed, with creditor's name and... View More
My re-affirmation for my vehicle was approved in my chapter 7 bankruptcy. When I purchased the car, my dad co-signed for me. My car now needs repairs that are too expensive given the value of the car. I want to cancel the reaffirmation and turn over the car and purchase a new car. What happens... View More
![Timothy Denison Timothy Denison](http://justatic.com/profile-images/1499047-1523828447-sl.jpg)
answered on Dec 29, 2020
No. The co-signer will still be held to answer for the deficiency if you cancel the traffic.
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