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.
I was told by the mortgage company that the mortgage statement was not correct that If I refinance or sell the property that I still live in, That I would only be responsible for the principal balance of $66k.
However, the statement says there is a deferred balance of 189k.
Over... View More 
answered on Jun 30, 2022
It is clear that the mortgage company representative is melding two issues together to come up with a nonsensical result. The issue here is that while the Chapter 7 discharge absolves you of personal responsibility on the loan the liens remain. So, the deferred balance is part of the lien that... View More
In 2014/2015 I took out an auto loan through my credit union, paid off loan by 2018, and filed Ch.7 in 2020. I had a credit card through the same credit union with about $1000 balance when the Ch.7 was discharged. I was never advised by the attorney, court, or credit union of the... View More
answered on May 13, 2022
Since the car was paid off in 2018 the release should have been given to you, regardless of any balance on the credit card, at that time. Said another way, the event that gave rise to the lien release happened before the bankruptcy case was filed. The cross collateralization clause cannot affect... View More
I have unpaid traffic tickets and can't afford to pay them, because of my injury what can I do?
answered on Jan 12, 2022
We’re these fines imposed by a judge after you requested a trial date and appeared for trial? If so, and if 90 days or less has passed since the trial date, you can file a motion with the court for reconsideration and reduction of the fines
I was told by PHH back then, that I would only have to pay off the new prin. Balance to own the home or$65k. Today, my account says there is a payoff of $188k or 1 & 2 prin Balance as payoff. I'm confused and want to know if I can refinance would it be only the $65k? I have a Screenshot.... View More
answered on Nov 11, 2021
You need to hire a bankruptcy attorney near you to review your case and documents. It is very difficult to give good advice without seeing the bankruptcy file and the pleadingstherein.
I am needing a clean start
answered on Oct 26, 2021
I suggest going to the Bankruptcy Court's Debtor Assistance Project. An attorney can help you fill out the forms and provide general assistance. The website for this project is:
https://www.mdb.uscourts.gov/programs-services/debtor-assistance-project
Good luck in the future.
Came up with a plan - started paying the bankruptcy each month. Paid into it March through November of 2020. My attorney filed something incorrectly - case was dismissed for a month. Started getting calls from creditors. He corrected it - I'm back in the bankruptcy. Bankruptcy approved in Dec... View More
answered on Sep 16, 2021
You can get a second opinion from another experienced bankruptcy lawyer, who will need to review your case and the filings in it. If there is something new that can be done, other than what is being done, then they will tell you. If there was malpractice, then they can identify it for you and... View More
If so - I want all my debt cleared and mine and my spouses credit score back to the 700's. If you are willing to look at my case - please let me know. I really could use some help
answered on Sep 15, 2021
No one an give you an opinion on this board without reviewing your case. And even if your attorney "screwed up royally" there is not way to get your credit score to the 700s.
A friend of mine has a neighbor who is in danger of being foreclosed on due to COVID impacting his business. They are willing to sell me the home, however, I don't have the credit available to purchase it using a conventional loan since I already own my own home. I’m hoping to move into... View More
answered on Aug 28, 2020
You really, really need a lawyer to review your plan. First, your agreement with the neighbor has no binding effect on the mortgage lender. They aren't going to stop foreclosing because you plan to start a lengthy process of acquisition. Indeed, if you try to record any form of sale, there is... View More
A business partner of mine is considering filing for bankruptcy either 7 or 13. Me and him purchased a property together to rent as an income property. He's the only one on the mortgage. He's on the title and I'm on the title (via my business name). Am I at risk for losing the... View More
answered on Aug 3, 2020
You would be wise to consult your own bankruptcy counsel, not to prepare your bankruptcy, but to plan options. You might want to buy him out in one way or another, and it might be better to do that from within his bankruptcy. It is an interesting problem, but, to answer your question, yes, you are... View More
What can I do to keep the house? Do you think the mortgage company will work with me & my wife to help us stay in the house?
answered on Jul 15, 2020
You should be able to keep the home with certain conditions if you file a chapter 13. I suggest you speak with a bankruptcy attorney to properly advise you in your unique situation.
We’ve been residing in the US for the past 5 years, and now unexpectedly the company, most likely will declare chapter 7 bankruptcy. Can we still file for immigration?
I received a letter from a collection agency claiming that they are the owner of an old debt and due to the time that passed they can't sue for the balance of $18K but would like to settle for $3.8K.
What should I do?
answered on May 25, 2020
Talk to a lawyer. If the time for filing (statute of limitations) has passed, they can’t collect from you at all. Don’t do anything until you talk to a lawyer.
The ch.7 was discharged two years ago and wasnt reaffirmed. I want to do a deed in lieu of foreclosure to get the lien out of my name. Will the deed in lieu be on my credit report if the house was included in the ch. 7, discharged two years ago and never reaffirmed?
answered on May 21, 2020
If you discharged the mortgage obligation in a Chapter 7, you are no longer personally liable on the debt; however, the lien of the mortgage remains on the property. You do not have to do anything in this scenario. Many debtors discharge their personal liability on a mortgage load but continue to... View More
Even if they have a clause in the contract that says otherwise?
answered on Feb 5, 2020
You need to file the chapter 7 ASAP to stop the farm. You can only recover monies taken AFTER the filing. Those taken before filing are lost.
answered on Jan 31, 2020
Yes, all personal injury proceeds received in lump sum is 100% exempt; however, do not deposit it into an account with other funds--keep it completely separate until after your discharge, so as to be able to prove every penny came from the settlement check. Once you commingle it, you risk having... View More
Filed bankruptcy Sept 17. Eviction was filed Sept 23. Landlord waited 30 days with no contact til Oct 23. Threaten eviction. Never received eviction paperwork. Sheriff came out to evict. Provided half of rent owed to landlord. Still providing rent owed to landlord but landlord is still threaten to... View More
answered on Dec 4, 2019
I believe that the Landlord would have to get permission from the Bankruptcy Court to proceed, otherwise it would be a violation of the automatic stay. Contact your lawyer as soon as possible
I have learned that if one file for Chapter 7 bankruptcy, he will lose his house if the amount of equity matches the amount to be paid to the creditors. There is one exception which is homestead exemption and allows you to protect certain amount of equity.
The question is after homestead... View More
answered on Nov 27, 2019
No. It is measured at the time of filing. In addition to the homestead exemption, you also have a wildcard exemption you can use to protect more equity. If you still have unprotected equity flyer that, you should consider filing a Chapter 13.
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