Get free answers to your Bankruptcy legal questions from lawyers in your area.
I just moved from Texas to New Jersey in the last two months and I’m not sure which state to file in and I am looking at a chapter 13 bankruptcy
answered on Feb 5, 2023
One needs to be a resident for 180 days to file in the venue they reside.
Sale scheduled for 1/10/2023.
answered on Jan 4, 2023
Yes. If you file the bankruptcy, it will stop the sale of the property.
I was unaware what a co-signer was. I responded but the original signer did not. Would the court be able to put the full responsibility of the debt on me. I was just diagnosed with cancer and have no income while he does. Debt is from passaic county and I live in Passaic county. Court is in Morris... View More 
answered on Sep 10, 2022
As a cosigner, you are fully responsible for the debt. Age or state of health is no defense. If a judgment is entered against you, it is a valid lien for 20 years. You may be able to have the debt discharged by filing in bankruptcy. Speak to an attorney with bankruptcy experience,
If a bankruptcy case was filed on 5/23/2022 had the meeting 06/23/2022 and objection deadline is Aug 22 2022 does that mean the case can be discharged if no objections come before Aug 22 2022 ? Or do you have to wait until Aug 22nd 2022 to know definitely if you been discharged ?
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answered on Jul 22, 2022
There cannot be any discharge ever, until all creditor objections are resolved. Nothing else would make sense. If you have 1 or more creditors objecting to your bankruptcy then you need to retain an experienced Bankruptcy attorney. With modern technology there are no geographical limits to prevent... View More
Servicer says since it was in bankruptcy I am not liable for the debt but I signed a modification and have been paying for 3 years. So exactly what does that mean??
answered on Jul 6, 2022
I agree!
How long was your 13 plan and did you complete it?
Credit reports have little if anything to do with bankruptcy other than to report your filing--if they do. Credit report issues should be addressed with the reporting bureau
answered on Jun 21, 2022
No, that would be a violation of the debtor's discharge. 11 U.S. Code 524 (a) 2 provides that a Discharge operates as an injunction against the commencement or continuation of an action, employment of process, or an act to collect, recover or offset such debt as a personal liability of the... View More
of them. All cards are current and I am still making payments, but not getting no where with the interest rates.
Can I negotiate with the banks for a lower amount?
How will this impact my personal credit and my business credit (Dun & Bradstreet)? If I am not able to satisfy the... View More
answered on Jun 16, 2022
If your credit accounts are current, of course you can approach the credit card issuers with a request for a lower interest rate, but your chances of success are dim when the Fed is raising rates steeply toward a tentative goal of 5.5% by year's end (that's the prime rate, and most credit... View More
answered on May 2, 2022
I agree that a garnishment/levy on your bank account is continuing, so adding deposits to that account is NOT a good idea.
Open a deposit account at some other financial institution. Would be smart to open an account at a Delaware bank/credit union. A NJ judgment doesn't have effect... View More
I am in Chapter 13 bankruptcy and have 9 months left on the repayment plan. I just got a letter from my servicer saying, Payment balance $170,000+ , is that what I owe for the last 9 months or is it what I owe on my mortgage payments. It has me confused. The court said, if I paid my mortgage and... View More
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answered on Mar 6, 2022
If you have an attorney, you need to direct all your questions to your attorney. If you do not have an attorney, you should really retain one. This is not something to try to handle on your own. If you need to retain an attorney, with the Court operating remotely using modern technology and... View More
I have been in Chapter 13 bankruptcy for four years and two months. I haven’t missed a payment on my mortgage or Trustee. My loan was for $210,000. My mortgage was sold and I received a letter saying that I owe $170,000 on my loan which has to be a mistake. Then they are saying, I owe $16,000 on... View More
answered on Mar 5, 2022
If you are 4 + years into your BK, please go.speak with your counsel.and have him review the POC and ask for a post petition payment history. That should get a good handle on the situation
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answered on Mar 3, 2022
This is something that can easily be handled by an experienced bankruptcy attorney. I have been very successful with all of the cases I have handled for my clients pertaining to EZ Pass Fines and penalties. This is because it is treated as an unsecured debt. You should retain an attorney as soon as... View More
I have a conventional mortgage and have been in Chapter 13 bankruptcy for 4 years and have not missed or been late on a mortgage payment or a Trustee payment. Can I refinance my mortgage now before the 5 years are up ? Or will I have a problem since it’s a conventional mortgage ?
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answered on Feb 7, 2022
If you are not represented by counsel you are making a grave mistake. If you are represented by counsel then the attorney may have some explaining to do. This situation makes no sense if you are represented by counsel. If you are represented by counsel you need to direct all your questions to your... View More
Trial is scheduled for January but I haven’t heard any update in months. The pacermonitor hasn’t updated anything. When should I hear any type of updated? July was last update stating discovery due date in November and trial date in January
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answered on Nov 29, 2021
If you are in an adversary proceeding you should have counsel and direct your questions to your attorney. If you are not represented by counsel you need to retain an experienced bankruptcy attorney. There are rules and time limits in all aspects of bankruptcy. However there are circumstances when a... View More
I have a PO box for mailings.
answered on Nov 23, 2021
It is supposed to be the place where you spent the most of the last 180 days. If it is all in one district, it really does not matter. If it was in multiple states, then it is an issue.
Discovery date was set in July, was due in October and still nothing has been disclosed. Trial is scheduled for January
answered on Nov 18, 2021
Not necessarily. Depends solely upon the FDA acts of the case and the judges interpolation of them.
So my older brother has filed bankruptcy on a house that I co-signed for, he is planning on selling the house Once the bankruptcy go through.
I would like to know if I need to hire an attorney and If I am entitled 1/2 of the sale of the house Once it is sold. And will my credit be messed... View More
answered on Nov 9, 2021
You get proceeds if you are on the deed. If you are just on the loan, you are not on title and get no proceeds. However, the defaulted loan will very much impact your credit. It already has.
Still sold is something I can do to get home back
answered on Nov 8, 2021
This depends greatly on the timing and more specific review of the legal issues involved.
The Chapter 7 Trustee likely chose to "abandon" the trustee's interest in the property due to a lack of equity. When certain documents were filed and a discharge entered, depending... View More
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answered on Oct 5, 2021
Not legally and why would you want one. Bankruptcy is a very complex area of law and a significant number of things can go wrong in what you might consider a simple Chapter 7 Bankruptcy. Only licensed attorneys are licensed to practice law. Choosing a cheap attorney can often lead to expensive... View More
answered on Oct 4, 2021
As that is engaging in the practice of law, I do not believe so
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