Get free answers to your Bankruptcy legal questions from lawyers in your area.
answered on Oct 23, 2024
A creditor may issue a garnishment to your depositary institution, which puts a (bank) hold on your account, but it is on you to file a prompt Objection (in PA, your Objection is filed with the issuing Sheriff, and must be filed in ten days from date of garnishment summons). And your bank... View More
I was in an accident died the person at fault, same judge sent me to prison(which didn't transport me) to the 3 hearings scheduled and later made the judgement on me to pay their attorney fees? What should I do? 16k $ is too much to pay
answered on Oct 21, 2024
Make arrangements to pay the judgment (1) in full; (2) in installments or (3) file bankruptcy on all of your debt.
answered on Aug 23, 2024
When you file for bankruptcy, 401(k) loans are generally not dischargeable, but it's important to accurately represent how you are repaying them. If you're making the loan payments from your bank account instead of directly from your paycheck, you should make sure this information is... View More
I filed for a chapter 7 bankruptcy earlier this year and received a discharge judgement in May of 2024. Along with my unsecured credit card debt, the bankruptcy also discharged a secured debt in the form of an auto loan. I had not signed the provided reaffirmation agreement provided by the creditor... View More
answered on Jun 30, 2024
Based on the information provided, here's an analysis of your situation:
1. Discharge of secured debt: While your Chapter 7 bankruptcy discharged your personal liability for the auto loan, it did not eliminate the creditor's security interest in the vehicle.
2.... View More
I have a default judgment in Lucas County OH and but was not properly served (wrong address) and my taxes were included in my bankruptcy.
answered on Mar 6, 2024
In Lucas County, Ohio, if you're seeking to set aside a default judgment due to not being properly served or because the debt was included in your bankruptcy, you will need to file a motion with the court. This legal document is commonly referred to as a "Motion to Set Aside Default... View More
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answered on Feb 11, 2024
Unlike many states (like PA), Ohio does not permit a debtor to choose between the state and federal exemption lists; an Ohio resident can choose only those exemptions granted by the state of Ohio.
While it appears that the Ohio exemptions might have protected your auto accident recovery,... View More
I don’t know if the bankruptcy itself would make him responsible for paying taxes on the income although it was forgiven, but from my understanding, they still can be required to pay the taxes on the income, although the debt was forgiven? Also, I know the person Social Security number,he gave it... View More
answered on Jan 10, 2024
Issuance of a form 1099 is a prerequisite for you to deduct the bad debt from taxable income.
However, before you do that, check the bankruptcy code provision concerning tax effects of the resulting insolvency of a debt receiving a discharge (much taxable income is forgiven by that statute,... View More
4 years 7 months they dismissed my bankruptcy, i lost my house and no one can tell me where any of yhat money went.
answered on Dec 17, 2023
Have your lawyer request the administrative accounting from your case and see how the money was allocated and spent.
Am I responsible for their mistakes. They are now trying to take exempted property, or tell me I have to pay $20,000 to the trustees.
answered on Nov 8, 2023
Every voluntary bankruptcy case is commenced by the filing of a bankruptcy petition, signed by the debtor, under penalty of perjury. The debtor's signature constitutes the sworn testimony of the debtor that whatever the Petition says is true and correct, and that sworn oath applies to the... View More
I work part time, and make only $11.00 an hour. I'm in the midst of a divorce, and a friend is willing to help me get a car outright and put it in my name. It won't be valued over 4k. Can I be forced to sell that car if I filed bankruptcy, or at all? I don't make enough for... View More
I'm in SW Ohio, disabled veteran with 3800 in disability each month, my wife's not filing and makes 1850 after taxes. Even with the deductions, the schedule j would push me into a chapter 13 if I had a normal income. Is VA disability actually considered "disposable income"? Thank you for any help
answered on Sep 8, 2023
It is important to note that while VA disability benefits are excluded from the means test calculation utilized in Chapter 7 bankruptcy cases, they can be considered as part of your income in the Schedule J, where you list your monthly expenditures, in the determination of your disposable income.... View More
My ex and I bought a car together. I make all the payments, pay for the insurance and keep up on all maintenance. I am still making payments on the car to this day but I no longer live in the same state as when we purchased. The title is MI and I live in OH. He has since filed for bankruptcy and is... View More
answered on Jun 16, 2023
File a motion to have him execute the title in your divorce case as he has been relieved of liability for it by virtue of his bankruptcy.
I have filed chapter 7 bankruptcy (not discharged yet), my wife is a non filer. Can she pay cash for a motorcycle she wants while I am in chapter 7, and not it affect my bankruptcy?
answered on Jun 9, 2023
Did you file your bankruptcy with counsel? If so, that lawyer is your best source of advice, because your question gives no factual background, e.g., what info is in your schedules, and whether a decision has yet been made about whether your filing is an abuse of the bankruptcy process, e.g.,... View More
I had court scheduled on March 31st, I went into court and they told me that there was no court that week they investigated why and told me on March 15th the plaintiff filed a motion for summary judgment, up to this point, I have been doing this Pro see and now I'm in a bind the scheduled a... View More
answered on Apr 5, 2023
Call you local bar association or legal aid society. They maintain lists of lawyers who can help you. April 19 is two weeks away. Get on this tomorrow and you will have enough time.
answered on Mar 27, 2023
After ten years of costly lobbying by the banks and credit card issuers, the GOP, controlling both houses of Congress, and the Presidency, passed massive revisions to the US Bankruptcy Code, and the enlarged interim between allowable discharges was but one of those.
The irony, according to... View More
I have paid the initial fee. The only thing we have signed is the initial papers to get started. I understand I may lose my initial fee but can I still stop the process?
Thank you
answered on Feb 20, 2023
Yes, you can "stop" the process, in more than one way.
You can tell your lawyer, by direct voice, not voicemail, to refrain from filing. Follow that up with an email marked "high importance".
It may be that the initial docs (signed Petition, a list of creditors... View More
I own a house with a mortgage but both units are being rented out.
I have a rental property that I co- own with someone and that property is being rented out.
Can I file bankruptcy without losing my house with mortgage attached or rental, If so, what chapter
answered on Feb 5, 2023
7 and/or 13 may be available to you. The answer depends on equity, income, and other issues involve being current on the mortgage. A much closer analysis with you is needed before any bankruptcy attorney can properly answer the question. Great question though. The attorney can review your specific... View More
answered on Dec 26, 2022
of Course, you can!
Your DMV can sell you a new duplicate title for a matter of bucks, but having the title is not a necessity to filing a bankruptcy, but a good lawyer is.
Good Luck.
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answered on Dec 6, 2022
You don't identify which party is the debtor in bankruptcy.
The automatic stay is triggered by the filing of a bankruptcy case, and prohibits any action against the debtor or property of the debtor's bankruptcy estate (which is very broadly defined).
If the proposed... View More
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