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I am collecting Unemployment benefits under the CARES Act. This includes both State and Federal compensation. Can I use both the State & Federal Unemployment income to purchase a used vehicle (for $4,000 or less) and be assured the court cannot take it after the bankruptcy? I was told by my... View More 
answered on Jun 7, 2020
I would not buy it until after I filed bankruptcy. That makes it a postpetition purchase. If it is purchased using CARES money you should be fine. Also, you have exemptions you can use to protect t the money or the car from being seized.
we have planned to keep our home mortgage and heloc.
I'm in chapter 7. I have an invalid judgment lien. Can I file a motion to avoid, and then subsequently initiate an adversary proceeding to have the judgment removed? In other words, by seeking to avoid, am I somehow giving credibility to the judgment's validity or creating an estoppel on... View More
I do not have the full amount but can make payments. Do I initiate the payment plan or wait until the lawyers go through discovery?
answered on Apr 1, 2020
Contact your lawyer and initiate a compromise settlement or payment plan with the creditor.
I failed to complete my chapter 13 bankruptcy. The car was paid 9,000. They came and took it back even after payments. What can I do?
answered on Mar 10, 2020
If the bankruptcy was dismissed, they can repossess the car.
Dismissed due to multiple missed payments. Lawyers were paid off top, 1st year over 5,000. Where is my money? All of the creditors claim they never received any money. is the money held at the trustee office until completion, then distributed to each creditor?
answered on Mar 10, 2020
If your bankruptcy trustee uses their system, you can get details about how the funds in your case were disbursed by logging into https://www.ndc.org/home. Because debts are paid in a specific order, some of your creditors may not have received any money because higher priority creditors get paid... View More
1. Paid all lawyers fees 1st year
2. All creditors came back for the full amount, claiming to have never received any payment
3. Lawyer won't give me any further information
4. All payments were good except the last 5 payments
answered on Mar 20, 2020
If your proposed Chapter 13 plan was confirmed, any money you paid in would be paid out to creditors according to the terms of the plan and you would not receive it back.
Depending on the terms of the plan, your payments may have gone to pay your attorney fees first. Then when your case... View More
answered on Feb 29, 2020
No. Greensboro, NC is in the middle district of NC while Charlotte is in the Western District of NC. You will have to file in the Western District.
A bank called Deutsche Bank has stated that they are the trustee on my loan and I have never heard of them prior to them trying to foreclose on my property. They are not listed on any paperwork that I have had nor my DEED. They are listed on MERS but it states INACTIVE. I have been approved for... View More
answered on Feb 29, 2020
You need to have a lawyer look at this for you but DB does not have to be listed on the deed or trust if they subsequently purchased it.
I have 14000 in credit card debt and 5000 in collection debt mostly medical bills. My truck is paid off and I don't own a house. I make about 25000 a year. I can't afford the monthly payments on the credit cards and still be able to live. I don't know what my options are.
answered on Feb 10, 2020
Depends on what your truck is worth and what the debt on it is. Consult a competent bankruptcy attorney and let him flush out the facts to determine your best action.
I was sued by Allstate and did not get a chance to go to the court date since I moved to another state and heard about it late. I found out that it was a default judgement and I was required to pay 24k. Since then my license has been suspended and I can only get it back if I start a payment plan. I... View More
answered on Feb 5, 2020
You should hire another bankruptcy attorney and file again. Not going to court for any reason is a bad plan bc the end result is always the same. You lose. Refill it, make the 341 meeting and get the default discharged.
my husband is 70 and was working. this past year he got congestive heart failure and had to retire. i have severe copd and our doctors and medicines take more than we draw. what i want to know is can bank of america levy our checking account. we can't afford to go to a lawer. we have... View More
answered on Feb 3, 2020
They can levy it but if you show the proceeds are all social security, they will have to refund it.
answered on Jan 17, 2020
You have to obtain permission From the court to incur debt while in Chapter 13. If permitted, then you should be able to use the land as collateral.
Case No. 19-01697-5-JNC
She has not been living here at home for some time and has been living with her Mother who has convinced her to file for bankruptcy to get rid of her obligations to our debts. She is hiding money from the case to help strengthen it in her mothers accounts as well as possible accounts. She has... View More
answered on Dec 4, 2019
If you can prove she is hiding money, you may want to advise the trustee in her bankruptcy case.
answered on Aug 20, 2019
I believe that this question stems from an earlier one about whether you should move money from your bank account to an IRA prior to filing bankruptcy. There is no question that funds held in an IRA are subject to both federal and state exemptions. My point was that the act of converting a... View More
exempt. I spoke with a bankruptcy lawyer and was advised an IRA is exempt.
answered on Aug 20, 2019
No. You should speak with a competent bankruptcy attorney and he can tell you how best to protect your money.
I am considering bankruptcy next year and have money in the bank , should I move the money to an IRA account prior to filing ? I did speak with an attorney and was told IRA's are exempt.
answered on Aug 20, 2019
No, you shouldn't make any moves like this without first consulting a local bankruptcy attorney. Pre-bankruptcy asset planning is tricky and shouldn't be done without a full understanding of the risks. Certain activities including moving money around can be avoided by the trustee and put... View More
The friend has a 5013c nonprofit corporation. It appears to still be active when I searched on business entities on the sos but I'm not sure if the bankruptcy was personal or for the business. Are there implications if I cash the check?
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