I am currently not working and have not for the last 2 years due to an auto accident injury and am actively seeking social security disability at the moment
answered on Aug 4, 2020
The issue is whether the claim, or the money you received or will receive, can be claimed as exempt in the bankruptcy case. Another relevant consideration is the chapter of your bankruptcy case. In chapter 13, for example, the trustee does not always take control of non-exempt assets. You need... View More 
I understand you have to prove undue hardship in order to bankrupt student loans. I need to go back to college and I'm not able to do so with the defaulted student loans. Thank you!
answered on Jul 15, 2020
It is difficult if not impossible for a lawyer to say what a bank or other financial institution might do down the road. There is a new line of case analysis arising from a decision by the bankruptcy court in Poughkeepsie which has changed the terrain for analyzing student loan defaults and... View More
I understand you have to prove undue hardship to file on student loans, but is it possible to file on DEFAULTED student loans?
answered on Jul 9, 2020
Yes, defaulted student loans are usually the ones people would want help with in bankruptcy. To get a discharge for student loans in bankruptcy, you generally need to file an adversary proceeding where you can prove undue hardship, just as you said in your question. Whether a student loan is in... View More
In 2009, my neighbor filed for Chapter 7 bankruptcy and kept her house with two mortgages, 100k+ and 25k. Her personal obligation for the second mortgage was discharged. A loan modification of the second mortgage in 2015 adjusted the principle, term, and interest rate. In late 2017, my... View More
answered on Jun 24, 2020
If the borrower on the second mortgage loan received a discharge in bankruptcy, and did not reaffirm the debt, that borrower no longer has personal liability, and cannot be pursued for the loan, whether or not the amount owed is a "deficiency."
There are some assumptions in your... View More
I have made all of my payments, in fact I have made 63 payments in a 5 yr plan they started taking payments on my filing date, since my plan will be done 4/28/20, do I still have to give up the 2020 stimulus, I have not received yet and not sure when I will receive it. I have read all of the... View More
answered on Apr 15, 2020
If you meet all the other requirements, you should receive your stimulus check without interference from the trustee.
I received a pre discharge notice regarding my Chapter 13 bankruptcy case and it spoke about the form listed above. Is this something I have to complete or is it not required? I don't want to miss anything that could prevent my case from discharging. I pulled up the dorm and it does not have... View More
answered on Apr 3, 2020
Check with your bankruptcy attorney but you should not have to take any action nor should it hold up your discharge.
I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?
Edit:... View More
answered on Mar 29, 2020
No. A creditor receives up to 25% of your gross income by wage garnishment. This is taken from each check. By increasing our withholdings, you would not impact the amount taken, and would reduce your takehome income even further. You should consider setting up a payment plan and consulting... View More
My job put me on layoff a week before the shutdown here in Michigan and now our shop is closed like many others. My husband is still working as he is a mechanic but that is a unknown as to how long that will be as its based on business and if there isn't any then he wont be working. So with... View More
answered on Mar 26, 2020
You're probably in luck! Sect. 1113 of the CARES Act, which was just passed by the Senate, says the definition of “income” in the Bankruptcy Code for chapters 7 and 13 will exclude coronavirus-related payments from the federal government from being treated as “income” for purposes of... View More
My chapter 13 bankruptcy case is now closed and final disbursements were made. I am receiving a refund due to overpayment. My case status still says "discharge recommended" so at what point will I receive my discharge letter?
The money that was in my account was to file bankruptcy, all the courthouses are closed to the public due to the Coronavirus. Everything I had was in my account, now I have no money for rent, food, my car. Is there any way to fight this during a national emergency?
answered on Mar 22, 2020
You can still file a bankruptcy. Bankruptcy courts are still operating electronically.
How about bankruptcy? I am completely bankrupt to even pay to file for it. I have many other legal issues if bankruptcy isn't your forte.
answered on Mar 9, 2020
Contact you local bar association or legal aid society. They maintain lists of attorneys who offer pro bono or reduced fee legal services
How soon after this status are my wages released so I can receive normal, ungarnished paychecks again?
No attorney-I’m on disability fix income can I qualify for hardship discharge? Homestead exemption what does it do?
answered on Mar 5, 2020
Do you have an attorney? If so talk to that person. If not you need to supply much more information.
Can I go to jail for not paying my criit card debt
answered on Feb 10, 2020
The interest rate gradually decreases month by month as you make your timely monthly payments.
How long does it take to reestablish yourself after a chapter 13 bankruptcy discharge such as being able to get credit, loans, a home purchase or a vehicle?
answered on Feb 10, 2020
Most of it will be immediately available, however, beware the interest rates because many will be excessive.
How soon after Chapter 13 discharge will federal student loan balances be reinstated and expecting payment?
My checks have been garnished since the beginning of my chapter 13 plan and my payments have been paid timely. I am on my last payment for the last creditor that has to receive payment. At what point can I expect to have the income withholding ended so I can receive my full paycheck again?
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