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answered on Jul 18, 2024

Your understanding of the court ruling in Dallas seems accurate. If you are already in the three-year monitoring period for disability discharge and still qualify as disabled, you may be able to pursue an adversarial proceeding in bankruptcy to discharge your student loans without receiving a... View More

Social security benefits are generally exempt under most if not all state laws, so general creditors cannot use the court systems to capture your benefits.

Most banks are federally chartered, or are insured by the FDIC, and because of that, tend to comply with federal law and requirements.... View More

It varies from state to state and with federal exemptions.

If the context is accurate, it appears to say that you have claimed a $400 exemption for your tv when the appropriate exemption amount if $150. Check with your lawyer for more clarification.

Check with your local bar association or legal aid society. Both maintain lists of pro Bono and reduced fee attorneys.

You possibly could avoid the liens in bankruptcy but you really need a bankruptcy profession to handle for you. I would not be optimistic for your success doing it on your own.

If you continue to pay as agreed and are current, you should not have any trouble just continuing to pay after dismissal.

Yes, IF the claim arose after you filed for bankruptcy, it's called a "post-petition debt." A post-petition debt isn't subject to the authority of the bankruptcy court. You won't be able to rely on the automatic stay to stop them from pursuing the claim, and the debt from... View More

If current payments have been accepted, under state law, the property cannot be repossessed.

The deadline for the trustee to file a complaint against you or a motion to dismiss for abuse has been extended. While not knowing the circumstances of your case, this is generally due to them not having enough information from you at the time of your 341 meeting to conclude the meeting.

You will just restart paying the bank directly.

They cannot ask you to refi or take your home if you file a chapter 13 petition.

You can include your home in a Chapter 13 plan, and your payment remains the same. If you owe an arrearage, you can spread out and pay back the arrears over the life of the plan.

A Chapter 7 bankruptcy trustee stands in the shoes of the debtor with respect to all assets of the estate.

The bankruptcy schedules require you, under penalty of perjury, to list all your assets.

The answer to your question is yes, the property, if it has equity value, can be sold... View More

A chapter 13 bankruptcy case can last up to five years from its filing.

You do not say when the bankruptcy was filed, nor when you discovered it.

Omission of a creditor, who does not learn of the case in timely fashion (i.e., before a Discharge is entered, etc.) is a huge risk by... View More

The time for appeal of a bankruptcy court order, to the US District Court, is ten days.

Most creditors will wait to take action for that time to appeal to expire before taking any action such as a repo of collateral that was part of the bankruptcy estate.

If you are current on your mortgage, you can file a Chapter 13, if eligible, and continue to pay your mortgage directly to your lender.

I'm in PA, and here, once a creditor has executed on a judgment by issuing a writ, thereby "attaching" its judgment lien to specific personalty, e.g., your bank account, then that creditor enters your bankruptcy case, once you file, as a secured creditor. The claims of secured... View More

Yes. You can file emergency. You can file online. Stay is automatic upon filing snd notice to creditor.

Unfortunately, without more information, there is not enough information to go on. I would highly recommend that you reach out to a lawyer to go over the facts and circumstances of your case, so that you can determine what can be done.