Get free answers to your Bankruptcy legal questions from lawyers in your area.
I was caught in a modeling check scam. I’m not being charged over $23,000 on a $6,000 mistake. I was young and naive then. Not anymore. I know it won’t be dropped but id like to fight it where I pay back the original amount. I declared bankruptcy and now 5 years later the bank comes after me... View More 
answered on Mar 23, 2018
If your wages are being garnished I assume there is a judgment against you. Fighting a judgment is difficult because you are not permitted to challenge the merits of the underlying lawsuit. It's too late. There are some procedural defenses like lack of service and fraud. But most creditor... View More
I am still in the home and have been making all payments regarding the home. I have my payments set up as automatic withdraw. I had noticed a payment had not come out. I called the bank and was informed the the home loan is part of a bankruptcy. I was able to reinstate the payments at that time. My... View More
answered on Mar 14, 2018
That is a very complicated question. I'll try to answer it, but you should sit down with a bankruptcy attorney for a more detailed analysis.
Most likely your property is safe. If both you and your ex are signers of the mortgage note, your ex's obligation to pay the note may be... View More
answered on Mar 13, 2018
The non-filing spouse is not a debtor in the case, but may be affected. His or her income is called for to be disclosed in Schedule I. Property jointly-owned with the debtor could potentially be sold. He or she may be subject to questioning. The effect on the non-filing spouse depends upon the... View More
in my list of creditors it reads that best buy is a nonfiler...did they just say the heck with it?
answered on Mar 2, 2018
Creditors have to file a proof of claim (POC) if they want to get paid in the Ch. 13. There is a time limit for them to do that. If the time limit has passed they will not receive anything. If not they may still file a POC.
Really doesn't matter to you since the debt will be discharged... View More
We are an auto repair shop. Have been open for 1 year. We owe back rent, loans, & taxes. My partner steals and does not pull his weight. I really need to get away from him.
answered on Feb 25, 2018
You could withdraw from the LLC, leaving the LLC with whatever debt is has, but if you have personal liability for any of the debt, your withdrawal will not change that fact. I suggest that you consult with an attorney.
answered on Feb 1, 2018
Question is vague. You have to list all assets including all properties. Need more information. What are you trying to accomplish?
I told my lawyer that Meijers wants him to provide him with a reference number I got from the Work Number. They would then release the paystubs to him. But he said he never heard of that and told me I would have to figure out a way to get them. I tried and they insist on him doing that or they need... View More
answered on Jan 19, 2018
If you have already retained another attorney it is not appropriate for me to give you advice. Perhaps that is why nobody has responded to your question.
He said he will not file without them but they insist he go through something called the work number which he refuses to do. I was able to get one but I have about three or four that I need from them. Will all bankruptcy lawyers insist on this. I can’t make the company send them if they won’t.
answered on Jan 19, 2018
Yes, you're required to submit your paystubs to the trustee. That's very strange that the company won't release your own paystubs to you. Did you ask your bankruptcy attorney to send them a letter? The company is probably just being overly cautious.
Information provided for... View More
My problem is the gf dropped in our house while I go to work or he takes them to her. I had ask him I don’t want her near our home or have her around my kids. We are still married. He has not file for divorce yet. House is going foreclosure, 7 months behind. Most of our bills are behind. He had... View More
answered on Jan 16, 2018
You can only assert your rights through court order. Go to family court and see if they can help. You probably want to file for divorce and custody.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Jan 14, 2018
You may not need to wait at all if you can prove all the money is hers.
I am in Michigan and filing chapter 13. I have approximately 25k in unsecured debt. I am repaying the entire amount. After all of the payments it will total 48k. The trustee is getting almost 14k in payments. I interpreted it as the trustee was only entitled to a percentage (roughly 5%) of the... View More
answered on Jan 18, 2018
I would recommend discussing any questions you have with your attorney. If you are a 100% Chapter 13 plan then you won't be obligated to pay more than all the creditors that file claims, the trustee commission, and your attorney's fees. There may be a small interest component paid to your... View More
answered on Jan 2, 2018
Between January and April you may find that the Trustees in Bankruptcy Court will have more questions regarding your IRS Tax Refund and how much that amount may be. Depending on the local customs of your Bankruptcy Court, sometimes the refund could be an issue. It depends on your exemptions, and... View More
I was layed off from a job and I had to take a job for less. 1600 a month differance. I could not afford my discover card payments anymore and im on welfare now. I tried on several occasions to make payment arrangements but the refused. They could not garnish my paycheck because years ago i chose... View More
answered on Dec 9, 2017
If you are absolutely sure you qualify for a bankruptcy then stop paying and save your money to hire a good bankruptcy attorney.
Want to know if they will come take the car if I stop paying. Just a little confused nothing was explained to me
answered on Dec 8, 2017
Did you sign a reaffirmation agreement and was it filed? If so then you can keep the car as long as you keep current on the payments.
If you didn’t sign a reaff then the lender will probably repo it if you stop paying.
You probably didn’t sign/file a reaff. That would explain... View More
answered on Dec 8, 2017
The bankruptcy court uses something called the Brunner test. (Named after the definitive case.)
The bankruptcy court looks at the following three factors to determine if repayment of your student loans would cause an undue hardship, thereby justifying discharge of some or all of your... View More
The mortgage was done under his credit, my name is just on there. Also how much about is a simple 7 in michigan for credit card and medical debt?
answered on Dec 8, 2017
It won't affect his credit score. As long as the mortgage payments are kept current there is no issue with you home. Note that even if he did file there is no issue with the house as long as the mortgage payments are kept current.
In addition to a $335 filing fee which is universal,... View More
answered on Dec 6, 2017
Possibly. This is a question that involves exemptions and other issues. The exemption for a Michigan resident is up to about $57,000 under the "state" exemptions, and about $23,625 under the federal exemptions. There is also a "tenancy by the entirety" exemption that may be... View More
We are in Michigan and we were debt free on our main home. Our main home is owned "Jointly in entirety".
About 4 years ago we decided to take out a Mortgage and buy several investment properties with the proceeds. All 3 properties were placed into Joint in Entirety ownership on... View More
answered on Nov 20, 2017
You have wandered into a complex area of the law.
I assume that the case you are referring to is the Craft case. That's not an easy case to start with if you do not have a thorough understanding of exemption law. If you understand it and are not an attorney, you are well above... View More
Was during the aftermath of a foreclosure and bankruptcy. No documentation or record of what items went where was ever recorded. No terms of storage were recorded or agreed upon. The items were boxed up and thrown in with other stored items. The garage in question has been since searched semi... View More
answered on Nov 13, 2017
The facts you recite are vague. If it was you who filed bankruptcy, if you did not list in your schedules the items stored (in what appears to have been a gratuitious bailment, which imposes a low standard of care on the bailee) then you may be up against a judicial estoppel by having stated under... View More
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