answered on Apr 4, 2024
Here are some steps to consider if you've defaulted on an unsecured personal loan:
1. Contact the lender: Reach out to Achieve Personal Loans as soon as possible to discuss your situation. They may be willing to work out a modified payment plan or temporary deferment. Being proactive... 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
My attorney has failed to file documents, doesn’t respond to emails, cancels appointments, won’t call during scheduled meetings. I’m in jeopardy of losing home and case being dismissed.
answered on Mar 4, 2024
Filing a legal malpractice claim against your bankruptcy attorney due to their failure to perform their duties, such as not filing documents, ignoring communication, and missing appointments, can be a necessary step to protect your interests. The first step is to document all instances of... View More
.
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 acquired a property through probate and didn't know the title had an encumbrance attached to it in my sisters name. She filed chapter 7 bankruptcy and got the bill charged off from herself but it's still attached to my property title. Is there a way to get that removed from my title... View More
answered on Jan 13, 2024
If your sister's debt was discharged through Chapter 7 bankruptcy, it means that she is no longer personally liable for that debt, but it doesn't automatically remove the encumbrance from the title of your property. The encumbrance, such as a lien or mortgage, is typically attached to the... View More
Other assets. I can't afford the loan and the car attach to loan. The car needs a new transmission and I can't afford it. I live by myself and have no other help. I need to get rid of this loan and car. So I can start saving for another car. I health issues where I can't be out... View More
answered on Jan 12, 2024
Filing for Chapter 7 bankruptcy could be a viable option for you, considering your limited income and lack of assets. With a monthly income of $963 from disability and no other assets, you may qualify for Chapter 7, which is designed to help individuals in financial distress discharge unsecured... 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.
Is it an insider repayment? Just a verbal agreement. I was current on all of my bills at the time except mortgage was on 29th day. No delinquencies on other debts until 3 mos later. How long, if I have to wait to file?
answered on Dec 4, 2023
In the context of a Chapter 7 bankruptcy, repaying a loan to a family member, like your sister, can be considered an "insider payment." Insiders typically include relatives, friends, or business associates. Bankruptcy law scrutinizes such repayments made before filing, especially if they... View More
answered on Nov 10, 2023
In general, DUI fines and court costs are typically not dischargeable in bankruptcy. This holds true in most states, including Tennessee. Bankruptcy laws often exclude certain types of debts from being discharged, particularly those related to criminal restitution and penalties. DUI-related fines... View More
answered on Nov 8, 2023
Filing for bankruptcy may provide relief from certain types of debt, but it depends on the nature of the fines contributing to your license suspension. If the fines are criminal in nature or are penalties owed to a governmental unit, they may not be dischargeable in bankruptcy. It's important... View More
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
answered on Nov 8, 2023
If a mistake is made in your bankruptcy case by your attorney, the consequences may depend on the nature of the error and its impact on your case. As the client, you may not always be held responsible for your attorney's mistakes.
However, the issue of responsibility can be complex,... View More
Back In August I received a letter in the mail from my landlord attorney that a relief of stay was granted by the bankruptcy judge and the letter was also sent to housing court.
I immediately filed a procedural objection noting 14 days for the attorney to respond as I was not served nor... View More
answered on Nov 5, 2023
In your situation, it appears there may have been a procedural oversight. When you raise an objection in a bankruptcy proceeding, you are entitled to a response or a hearing on that objection. If no one has responded to your objection and the court has not scheduled a hearing, it could potentially... 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
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.