Get free answers to your Bankruptcy legal questions from lawyers in your area.
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 
My house was foreclosed on in 2009. The mortgage was paid off, but there was a small 2nd line attached to the mortgage (that I didn't know about), that wasn't and I was served with papers, fall 2018. Went to pre-trial in Dec, judge told us to work it out (reasonably). The collection... View More
answered on Feb 22, 2019
No one can answer this question for you, or suggest an answer for you, without sitting down with you to talk specifics about all the things you mentioned in your question. You should call a bankruptcy lawyer and ask to set up a consultation.
answered on Feb 4, 2019
Yes, there is a way.
First, pull a copy of your credit report. You can get a free copy of your credit reports from the 3 major Credit Reporting Agencies (Experian, Transunion, and Equifax) from the site http://annualcreditreport.com. This will give you an ideas of any debts that are being... View More
Im in ohio.
answered on Feb 4, 2019
Yes. When you file bankruptcy you are supposed to list all of your debts, regardless of whether you want to “include” them in your bankruptcy or not. Payday loans are usually unsecured loans, and would be able to be discharged along with your other general unsecured debts. You’ll need to file... View More
I took over payments on my parents house, and they added me to their mortgage in February of 2017. I paid their payments (to them and then they paid their mortgage) for a year. In February 2018 they signed a quit claim deed and I refinanced the house to remove their names and have the loan in my... View More
answered on Jan 10, 2019
Yes, you need to speak with a bankruptcy attorney of your own to obtain the best advice moving forward and to discuss possible defenses to what are called "preference avoidance actions." Long story short, any property sold or transferred by a debtor who files bankruptcy within 2, or even... View More
answered on Jan 9, 2019
No. These questions are answered by lawyers all over the United States. You should contact a competent bankruptcy practitioner in your jurisdiction.
answered on Jan 9, 2019
If by "this office" you mean a private bankruptcy law firm, there is no income limit to file bankruptcy. But your income might affect the bankruptcy chapter you have to file under.
If you want to file Chapter 7 bankruptcy, your income needs to be less than the state median for... View More
answered on Dec 14, 2018
Simply file an amendment with the court on the locally approved amendment form.
answered on Nov 30, 2018
You can file a Notice of Conversion with the court and pay a conversion fee. However, keep in mind that you must still qualify for Chapter 7 bankruptcy in order to complete your case and receive a discharge. There are more steps than are listed here. It would probably be best for you to work with... View More
answered on Nov 16, 2018
You must remain current on Child Support payments and if you owe back child support, make arrangements to get caught up
answered on Nov 3, 2018
No. But if you have joint debts then the fact that your wife filed bankruptcy on a joint debt might show up on that debt’s trade line in your credit report.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely... View More
The lien holder that is listed went out of business. How can I get a clear title or what should I do with the car? I live in Michigan.
answered on Nov 3, 2018
You will have to file suit and get a judicial order directing that the lien be released.
answered on Oct 26, 2018
Not without your landlord being granted relief from the stay.
Do I have to get another attorney? I received a letter from the Trustee's Office that in order to receive a discharge I am required to complete a post petition financial management course and to contact my attorney. Mr. Adam Gantz/Gantz Associates has not responded to emails or phone calls.... View More
answered on Oct 25, 2018
No. Simply choose an online provider who will file it with the court. Take the course online and you’re done.
answered on Oct 12, 2018
Good question. The answer may have to do with tax refunds. If you regularly receive refunds, the best day to file may be just after you have spent your refunds. There are a lot of competing considerations, but that's my candidate for a seasonal factor.
It is a civil suit filed by a creditor. I am in the process of paying an attorney to file Chapter 13 BK but have not completed the total amount the attorney needs in order to file the bankruptcy. I am around $300 short of the $1815 needed according to my contract. The law firm will not serve as my... View More
answered on Oct 8, 2018
“If I borrowed money from a relative/friend can the law firm file and obtain a bankruptcy case number by Oct 11, 2018?”
***You should ask the bankruptcy firm you’ve hired for your Chapter 13 case whether they can do this for you.
“[C]ould the Legal Aid Society assist me at... View More
Ex-Husband and I divorced in 2007 and divorce decree stated that I got the house and would assume the mortgage payments. The deed was transferred to my name. The mortgage was in his name only and he had taken out an $11,000 2nd mortgage against it in 2004. The first mortgage is not in default as I... View More
answered on Sep 22, 2018
Although bankruptcy discharged your ex-husband’s personal liability for the 2nd mortgage, it would not have gotten rid of the lien. Yes, the scenario is possible. You would also need to pay the 2nd mortgage to avoid foreclosure on the lien.
A state court judgment wouldn’t have the... View More
answered on Sep 19, 2018
There's no legal requirement. This is an ethical or relationship question.
answered on Sep 4, 2018
A chapter 7 bankruptcy does not discharge secured debts, which is what a mortgage is. If you weren't paying your mortgage, then they can foreclose.
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.
