Get free answers to your Bankruptcy legal questions from lawyers in your area.
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?
It's been 39 months my case has been receiving payment and I only have one last payment to go. My case status says interim review Z and I was wondering what that means?
answered on Feb 8, 2020
Simple trustees review for payments and compliance. Pay that last payment and get out ASAP.
The reason I filed is contractors destroyed our house making it unsafe. we fell behind on bills and had to file to avoid losing house. The trustee stated that my house is worth more than I stated; however I informed her about the damage and the amount to fix it. House is now in possession of bank.... View More
answered on Jan 30, 2020
This is too complicated and the facts too sparse for effective discussion in this forum, and you should consult with an attorney, privately, so that the advice you received is confidential. You may be able to file a motion to compel the trustee to abandon the property, but to do so would probably... View More
My Chapter 7 has been reopened due to receiving assets, the judge ordered trustee to file final report on June 1, 2019 but I havent gotten any information since then and the status of the case is still "awaiting trustee's report"
answered on Jan 27, 2020
There is not usually a deadline, and the order is unusual. It is probably up to you to enforce the order, and ask for the court to impose a consequence.
If that's true, in reality it is counted as income that can pay creditors, which can exclude us from Ch 7 if the SSDI is too high. If that's incorrect or only partly true, can you please explain how SSDI is handled? Many thanks.
answered on Jan 2, 2020
Social security benefits are not counted against the debtor as income on the Chapter 7 means test. The question for the governmental benefits line item on Form 122 expressly says not to include social security.
On the other hand, if you are asking about Schedule I (the monthly budget done... View More
So ssdi is not included the means test but may kick us into chapter 13 if it's considered excess income in the budget section, right?
answered on Jan 1, 2020
If you're asking if SSDI is counted as income for purposes of the Current Monthly Income (CMI) number, the answer's no. It's not counted against you as income on the means test.
Not conceived in this county. This is where her mother moved.
answered on Dec 17, 2019
You will have to get the Addresses and correspond with them by mail.
most debt is personal debt, do I have to sell trailers and tools to cover my debt?
answered on Dec 11, 2019
Your options for personal bankruptcy come in basically two flavors: Chapter 7 liquidation or Chapter 13 repayment plan. If you are eligible for it, most bankruptcy lawyers will try to file you under a Chapter 7 case, unless there is a reason Chapter 7 wouldn't be best for you. So let's... View More
Im not certain which chapter I would need to file. Im divorced & have no assets. I have less than $20,000 debt, such as judgements from credit cards and a previous landlord, medical & miscellaneous debt. I’m also making small payments on federal student loan debt and am in good standing... View More
answered on Dec 10, 2019
Based on the information you provided you would most likely file a Chapter 7 Bankruptcy. Assuming your last Bankruptcy was a Chapter 7 you would qualify for another Chapter 7 since its been over 8 years. One thing you need to consider is any possible inheritance. If you inherit within 6 months of... View More
i filed aug 2019. bank wants full amoint behind before they will reaffirm. bank closed account as soon as bankruptcy filed. I offered them paymemts but they wouldn't accept? what to expect? what do i need to do to keep vehicle?
answered on Nov 24, 2019
Well, your other version of this question on Avvo said you are converting your Ch7 to a Ch13. Kurt O'Keefe gave you a very good answer on Avvo about looking into redemption.
I would add to what he said that if you are converting to Ch13, you need to put forth a proposal in your... View More
answered on Aug 21, 2019
Fines, penalties, and costs that were ordered as part of his criminal sentence would not be dischargeable. However, if this cost is to reimburse the jail for his lodging and food costs while he was there, that could be dischargeable, because it's like rent and an ordinary contract claim. You... View More
DWOL CASES EVERY SENSE
answered on May 22, 2019
That's what I do. www. holisticbankruptcy.com. Please check out the testimonials. We can work by mail, fax and email if you are out of my area. Dean Sheldon 231-932-9388
Them, can the trustee take that money if we file chapter 7?
answered on May 14, 2019
Generally, no. Property of the your bankruptcy estate does not include any power that the debtor (you) may exercise solely for the benefit of [a person] other than [yourself], i.e. your child. See 11 U.S.C. 541(b)(1). Under Michigan law the funds in the UGMA account belong to your children, not... View More
I just received a judgement against me for an outstanding auto loan that my ex husband was suppose to take care of per our divorce decree. I financially cannot afford to pay for this with my current car payment and other bills I have. I have been told that I could file bankruptcy for this but my... View More
answered on May 9, 2019
No, when you file bankruptcy you have to list all of your debts. However, the damage to your credit from bankruptcy is only temporary. If you pay your bills on time after you get a bankruptcy discharge, your credit score will probably go back up again relatively quickly, because your debt ratio... View More
will the creditors go after the house if he applies by himself alone for the bankruptcy?
answered on May 6, 2019
Creditors would not be able to go after the house owned by spouses as tenants by the entireties, unless both spouses were liable on the debt. But note, in a bankruptcy it would be the bankruptcy trustee, not creditors, that might do this.
As always, you get what you pay for. Be sure to... View More
My wife and I are planning to divorce. The problem is that neither of us can afford to live alone and our debts are so intertwined between us (both names on everything) that splitting it would be impossible. We're considering a bankruptcy to simplify the process. I believe we make too much to... View More
answered on Apr 24, 2019
Their may be an advantage to filing before a divorce, but your situation is too complicated and/or the facts too sparse for an attorney to advise you in an on-line discussion so I don't want to go into detail. You should consult with an attorney who handles bankruptcies.
In process of filing. The original loan was consolidated with other loans at the same bank. So seeing I'm still filing and its finalized yet, I didnt know if I could just sell the car for whatever amount, seeing i still owe the debt for it and that's what I'm filing on?
answered on Apr 20, 2019
Get rid of the car. The title now belongs to the lending company. List the original lender, the seller of the car and the company that all previous liens were consolidated with and BE FREE of this lousy car!
answered on Apr 15, 2019
For purposes of the Chapter 7 means test, Social Security benefits are not income. But for purposes of Chapter 13 disposable income, yes, Social Security benefits are counted as income from which your allowable expenses are subtracted to arrive at disposable income in Michigan. In some other... View More
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.