Get free answers to your Bankruptcy legal questions from lawyers in your area.
I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.
answered on Aug 28, 2023
An $80 per month Plan can be confirmed. The Ch. 13 Trustee in the Poughkeepsie Court objects to Plans featuring payments of less that $50 per month, and frequently will try to get a low paying Plan increased to $75 per month, but $80 per month will clearly work. Tax refunds received during the... View More 
While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More
answered on Aug 25, 2023
Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.
In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship... View More
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
answered on Aug 16, 2023
To be confirmed, a Ch. 13 Plan must be both feasible, and must provide to unsecured creditors the "indubitable equivalent" of what they would receive in a Ch. 7.
You do not provide any financial circumstances/facts. Consult with an experienced lawyer in NY who can review your... View More
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
answered on Aug 15, 2023
They could be. Yes. You need to file a proof of claim for the wages in the bankruptcy. You should also consult a bankruptcy lawyer regarding a possible adversarial proceeding based on fraud that you might file against the company within the bankruptcy.
I live in ny with my son who just turned 18 and will be attending college in the fall. My son's father (we were never married) has lived in Alabama for the past year but still pays the same $50/month in child support that he has for the past 17 years. I just received a form 309A in the mail... View More
answered on Jun 20, 2023
It should not affect your son at all. YOu received the 309 because he owes you a domestic support obligation. Child support is still due and owing even with a bankruptcy and cannot be discharged.
I can't afford to survive with all the debt incurred while married. He does not want to file for bankruptcy, but I do. Is that possible while starting the divorce process and how would that affect the process of an uncontested divorce?
answered on Jun 19, 2023
You can file a bankruptcy, but there may (or may not) be reasons to wait until the divorce is finalized. There are a lot of factors that go into when to file a bankruptcy, under what chapter, etc., and major life changes like a divorce are intertwined with those factors. The best advise you will... View More
I lived in Ithaca, NY for 7 years and had to go back to my home country because of an illness.
I left some credit card debt which I cannot pay. 1) What should I do to file for bankruptcy? 2) Is there someone that would be willing to help pro-bono? 3) Would this problem bar me from having a... View More
answered on May 10, 2023
Your questions are of a mostly general nature and really do require that you consult with an attorney to determine whether a bankruptcy filing is justified, if so under which chapter, and a host of other issues that would need to be reviewed. Whether you find an attorney to represent you pro bono... View More
My brother lives with me in the house i own. He pays me $200 a week for rent but otherwise our finances are independent. Would I need to add his total income to mine for calculating income for the means test? Or would i just count what he pays me? Does he count for household size? I live in... View More
answered on Mar 30, 2023
As a general matter, you would could the money he pays you, not his income. Bankruptcy is very complicated and can affect the filer legally and financially in myriad ways. I’d highly recommend you at least consult with bankruptcy counsel, most will meet without an initial charge…and it’s... View More
I received in the mail today and income execution for my paycheck for a debt from 2014. I have never received anything from this debt. No PaperWorks no phone calls. Also it was for a vehicle that I had $3000 balance on but was totaled out and the insurance paid when my car got stolen. Also, this... View More
answered on Mar 23, 2023
You did not indicate when the judgment was entered, but I would assume it would be some time ago and it may be too late to vacate the judgment—but this would depend on some of the dates and other circumstances.
Barring a vacatur of judgment, you could contact (personally or through an... View More
my brother has been advised the judgement against him is having his bank account frozen. Problem is he is also joint in my elderly moms account and that is all of her money. He doesnt deposit any money into that account. How do we keep them from freezing her money and taking her money
answered on Mar 20, 2023
You need to identify the proper exemptions to file under the EIPA. This requires knowledge of the law to fully take advantage of these rights. If you present valid legal exemptions supported by documentation, and the bank still proceeds to comply with the garnishment, you may need to file an Order... View More
The company already finished with the bankruptcy I signed settlement agreement for a certain amount already 3 months ago what is taking so long
answered on Feb 8, 2023
Bankruptcy can be a long and sometimes frustratingly-slow process for creditors. However, bankruptcy is guided by a complex mix of federal bankruptcy law, bankruptcy and local rules and other areas of state and federal law. In short, it is complicated and often has very important deadlines that... View More
Refinance was canceled 8 years ago, and lender was allowed to proceed with void mortgage and note in state court.
answered on Dec 28, 2022
If the state court issued a judgment of foreclosure, even if you believe that the note and mortgage were somehow void, your remedy would be to challenge that judgment in that court with a motion to reargue or an appeal to the higher state court. If you try to collaterally attack it in a bankruptcy... View More
I'm disable with the pandemic that's going on can't afford to pay
answered on Nov 8, 2022
If you have no assets or taxable income (for example you are on SSI), or very low income, Chapter 7 may be a good option. Alternatively settling the credit card debts individually may be a good option especially by doing so you may be able to damage your credit less, as a bankruptcy will remain on... View More
answered on Nov 5, 2022
You are able to file a Chapter 13 in this situation. However, you may not receive a Discharge in this new Chapter 13 case because you may have received a Discharge in a Chapter 7 bankruptcy filed within the prior 4 years. Even if you cannot receive a Discharge, you can still file a Chapter 13... View More
Court appointed trustee was awarded 350k for my injury. Another 100k of assets were taken from me to pay my creditors who all received 98.6% of what I owed them. One of the creditors was a parent loan I took out for my son’s college. They received 59k of the proceeds in 2017. Now they are... View More
answered on Oct 4, 2022
Bankruptcy Code section 523 lists debts that are not discharged in the bankruptcy - meaning you would still owe the debts. 523(8) speaks to educational loans. The student loan debt might not have been discharged. However, it would only be for the balance after accounting for the payment made in the... View More
I sent cryptocurrency to Celsius within the prior 45 days before they filed bankruptcy. Could I possibly have reclamation rights under 546(c) of the bankruptcy code?
Uncertainties: is the cryptocurrency considered a good covered by this? Cryptocurrency sent to Celsius is essentially lent to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2022
This would be a low priority claim and without significantly more information, there is no way to know. You need to retain an experienced bankruptcy attorney and provide a great deal of information. Good luck.
My bankruptcy is allowed to be reopened to allow me to add my ex husband as a debtor so I can claim against the sale of our previous marital home which he has sold. Do I need to file this paperwork in a specific time frame? I ask because I am out of money to continue to pay a lawyer to do this.
answered on May 13, 2022
I’m not sure what you mean you were granted an amendment. If they allowed you to amend your petition, then generally it should be done as soon as you can.
The bankruptcy is still in adversary proceeding at this time. It will probably be there for some time longer.. Does this mean the bankruptcy is still considered open? Is the stay in place until the adversary proceeding is complete?
answered on Apr 1, 2022
There is nothing stopping a lender from foreclosing after a bankruptcy is Discharged or Relief from Stay is awarded beforehand. The lender cannot begin foreclosure during a Bankruptcy case before the occurrence of either hypothetical.
Otherwise, no. There is no law the avails a grace period... View More
I filed for chapter 7 bankruptcy in 2021. The courts discharged my mortgage on my home. The servicer transferred the mortgage to a new servicer. The servicer has indicated that they have accrued nearly $5,000 in legal fees. Is the servicer legally able to foreclose on me within one year of my... View More
answered on Apr 1, 2022
There is no law that allows a person to live in their home if they are not paying the mortgage. If you filed Chapter 7 then you either intended to surrender the home or redeem (pay off the entire mortgage).
I'm a named unsecured creditor for a debtor (a general contractor / builder) and I suspect that there may be a pattern of fraud on the part of the debtor.
I'd like to contact other creditors to see if there is a pattern of fraud. I understand that there if there is, that would... View More
answered on Mar 21, 2022
Yes, it is acceptable for creditors to speak with each other.
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.
