One person can generally successfully maintain only one case at a time. I won't go into the hypothetical possibility of multiple cases involving one person. An individual could file and if he conducted business as a sole propreitor, it would be both a personal and a business bankruptcy.... View More

Yes, it appears from your statement of fact that a violation of the discharge injunction occurred. Definitely, get with your attorney and they may wish to pursue this before the Court. If you did not have an attorney, you may wish to hire one now for this issue as it would be very difficult for... View More

It sounds as though your question inquires into your ability, as a chapter 7 debtor, to claim an exemption in a motor vehicle which has been rendered inoperable by impact. The answer will depend upon whether, in this bankruptcy case or hypothetical bankruptcy case, the "totaled vehicle"... View More

Yes, there are several reasons. A person doesn't qualify because of income. Another reason would be to stop a foreclosure on the debtor's home.. Still another reason would be that the debtor has property not fully covered by the bankruptcy exemptions. There are some people that want to... View More

Although the bankruptcy-specific homestead exemption under Michigan law is larger if there is a disabled person in the household, the answer is yes, your boyfriend's dad could lose his home. You have not furnished enough information to evaluate the situation.

The short answer is that you are free to communicate with your creditors. Due to concerns on the part of the mortgage company they might want your attorney's "permission" to speak to you.

Basically, no. Your spouse is a separate person. However, the spouse's income may be considered in determining whether you are entitled to relief or how much you must pay in a chapter 13. The spouse does not have to sign the petition, but his or her information might need to be disclosed.... View More

Yes, I don't understand your comment regarding the lien, but if the IRS sends it to the trustee, you can exempt it assuming that you claimed the federal exemptions and have a (d)(5) exemption available.

16 years in bankruptcy is a long time. Why someone would steal your identity while you are in bankruptcy seems to go against common sense. You need to contact your attorney immediately about filing a motion to modify if you want to try to save your current case. You can search for an attorney... View More

Yes by filing an adversarial proceeding is n the bankruptcy court.

Do not take your name off the stocks. Removing your name may cause the trustee to act. Depending upon the amount you can use your wildcard exemption to protect the stocks.

No. you should retain a competent bankruptcy attorney that agrees as part of the representation the attorney will field your calls. Then when a creditor calls you simply state that I am represented by an attorney. The attorney is handling my financial affairs please call the attorney at ________.... View More

Yes. In my practice after medical bills, credit card debt, including judgements by credit card companies, are among the main reasons for filing bankruptcy.

Bring the Summons and Complaint to the court that issued it and asked the clerk if the documents are from an existing file.

In a criminal case where there is a possibility of jail time, the court, if you are indigent, will provide for you a lawyer.

My general rule of thumb is that if you qualify for a chapter 7 and there are no negative effects in your filing a chapter 7 then you should file a chapter 7. The filing of a chapter 13 bankruptcy is sometimes required. A person that has previously filed a chapter 7 within the previous 8 years can... View More

No. Retirement funds are exempted under bankruptcy law.

If the lien impairs your exemption then you can motion the bankruptcy court to remove the lien.

Over the past 20 years I have heard this problem several times. The only debt solution program that is guaranteed to work is either a chapter 7 or a chapter 13 bankruptcy. Often times the first several payments sent to many of these debt solution companies end up paying the fees due to the debt... View More

The answer is in most cases, no. 401K plans are exempted out of bankruptcy. In most cases there are sufficient exemptions to cover all of ones valuables. If the item cannot be exempted out the Trustee of the bankruptcy case will sell it to pay creditors.