Get free answers to your Bankruptcy legal questions from lawyers in your area.
answered on Oct 5, 2024
Law school students and recent law school grads, are primarily trained to look backward, about known facts, to spot and resolve legal issues; the more experienced lawyers certainly do that, but their more valuable skills are to assist a client to plan future behavior and events.
Moreover,... View More 
I am looking into joining a debt relief program and before doing so, I am concerned that not paying/defaulting one of my unsecured credit card debts that will be included in the program with Chase Bank will then cause them to repo my vehicle which is also a lease through Chase Bank. I also have a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024
When you default on an unsecured credit card, it doesn’t automatically lead to the repossession of your leased vehicle. Typically, the repossession of a vehicle is associated with missed payments on the auto lease itself, not other unrelated debts. However, banks can cross-check their records,... View More
My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.
answered on Nov 21, 2023
If you file a Chapter 13 petition in the future, it includes a co-debtor automatic stay for claims "dealt with by the Plan".
Filing a bankruptcy does not create a liability in a non-filing spouse. If she is currently liable as a joint obligor, then she remains liable for that... View More
I need to let the Dist. Court know that I have filed for Chapter7 and halt the proceeding (eviction hearing) that is on Monday. I was told I could call in with the BR case # once filed. But the DC is now saying I need to file something with my DC case # and the BR case #, but could not tell me... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2023
TODAY, call the landlord's atty and give them the case number. This is really a state court question, but if you have something with the DC caption on it, make a copy of it, title it "Notice of Bankruptcy Filing" and attach a copy of the Bankruptcy Court notice of filing that's... View More
... you have to make the first of the installment payments? AND, just want to make sure that either way the case is indeed filed and you receive a case number when you file regardless if you are requesting the waiver or not. OR do they only officially file the Chpt.7 petition AFTER a decision has... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023
When you file for Chapter 7 bankruptcy and your application to have the filing fee waived is denied, the bankruptcy court typically allows you to pay the filing fee in installments. The court will set a schedule for these payments, and generally, the first installment is due approximately 30 days... View More
Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz.
1) I do not know how to answer the question as to whether I haver primarily consumer debt or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 1, 2023
The question of consumer vs. business debt does not really determine anything (just for statistical purposes of how many consumer cases vs. business cases are filed). My recommendation would be to check the consumer box. No, it is not possible that the SBA has forgotten you. And no, you cannot not... View More
If you are filing a Chapter 7 BR petition and you file an application to have the filing fee waived, would you have to wait for a decision and then the Chapter 7 filing would not go through at that same day?
Same question for application for the fee in installments? And do you just need... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2023
Filing an application for a fee waiver or, in the alternative, installment payments will not delay the filing of your bankruptcy petition. At least where I'm located (Central District of California), the clerk will review your petition to make sure it's complete, then forward the... View More
I have to file Chpt.7 this week, and I need to make the initial filing myself and then am hiring an attorney in the coming weeks to go over what I have filed and submit any addendums that are required. What are the bare-bones/minimum forms I need to file in order to have a valid petition? I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2023
Go to your local Bankruptcy Court's website (www.uscourts.gov) and look under debtor's chapter 7 petition forms for emergency filing (it differs from court to court so I can't give you an answer without more info). Basically, you have to file a petition, credit counseling statement,... View More
Once filed, how do I let the District Court know that I filed for bankruptcy so that the hearing does not proceed on Monday, Nov. 6th? (As of course, once you file for Chapter 7 bankruptcy, there is an automatic stay/injunction.)
answered on Oct 31, 2023
Assuming you have the Clerk's/Court's contact info from your Notice of the eviction case, the quick way is to telephone the Court/Courtroom Deputy, during working hours, and provide the name of your bankruptcy court, with the Bankruptcy Case No., and date of filing. A more reliable way... View More
My wife is not co-operating. Do I need a lawyer? Do I need to talk to police? I don't want to lose my belongings.
answered on Jun 28, 2023
Make a motion in your divorce case for leave to get your personal items.
Car needed approx 5k in repairs. The BK lawyer advised Chase they could come and get. Bank never came, 6 months later house was sold, we had to move. Chase never picked up car after they were advised to do so twice. I still had a title and my taks and insurance on it, so I couldn't leave auto... View More
answered on May 12, 2023
There is some good news and bad news in this situation.
If you never paid the remaining balance due on the car, you do not own the car and the lien on the car remains with the lender. The good news, however, is that you are not responsible for any of the debt associated with the car... View More
I recently had a repossession on my car I decided to file bankruptcy to obtain the automatic stay. When I presented the automatic stay to my creditor they informed me that I would have to get the 13 plan in before they can release my car to me. Is that an accurate statement? How do you fill out the... View More
answered on May 10, 2023
Under very recent US Supreme Court opinions (thanks Justices Thomas, Alito et al.), a vehicle-secured lender (already under special bankruptcy code protections against modifcation of a finance done within 2 years and 9 months of the bankruptcy filing date), now enjoys a further right to demand... View More
answered on May 5, 2023
If the car was repoed before the filing, they do not have to return it but if it was repoed after the filing, they must return te car to you.
I have done my taxes both jointly and separately-
Jointly the total refund = $3063, Separately: Spouse #1: $1100 refund and Spouse #2/Debtor: $950 refund
I see in the Chapter 13 Plan- that if I "file jointly Debtor may retain $1500"- is that of the total $3063 or do... View More
I've requested contact from the court nothing, explained the distance issue and that I brought the vehicle 20min from my home. What can I do?
answered on Mar 27, 2023
File a challenge to the barn. Hire a lawyer in that town to handle for you. File bankruptcy where you are.
answered on Mar 14, 2023
Yes, although I’m not sure what a fee waiver has to do with plan payments bc they are not the same thing.
I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... View More
answered on Oct 20, 2022
Once you accumulate a certain amount of money, they will negotiate with your creditors to accept that amount in full resolution of the debt. However, in the meantime, you will be in arrears (not paying), which will affect your credit. Obviously, the debt resolution company keeps a portion of that... View More
I haven’t received any statement showing where the garnishment is going.
answered on Sep 15, 2022
Statements stopped when the account charged off. The garnishments are applied to the judgment; the law firm handling the garnishment keeps the balance and will give you a balance on occasion. They will not send you a monthly statement.
What happens if the business shutters without notifying the credit card company to whom the money is owed? Does an officer of the company have to appear in bankruptcy court?
answered on Jul 11, 2022
A corporate entity's authority to file a voluntary bankruptcy case may be tested, e.g., the recent NRA filing. Normally, it suffices to file a duly executed corporate resolution showing action by the board of directors, and yes, a corporate officer must appear for at least the 341 meeting... View More
I filed a small claim, but my case was put on hold b/c the person filed for BR. However, she did not list me on the creditors matrix. Her case was dismissed w/o prejudice in 2020. Will she be able to refile BR if I reopen my small claim agains her?
answered on Jul 6, 2022
The effect of a dismissal of a bankruptcy case is as if it had never been filed in the first place.
Yes, she'd probably be able to file again ("changed circumstances"), but your small claims case will almost certainly not be the reason why if she does.
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.
