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Multiple debts totaling over $30k and I am slowly paying them all.
The current vehicle I don’t want stuck with for 7 years with ch 7 b/c it’s worth more than what’s owed.
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answered on Jul 24, 2024
Getting a new vehicle before filing for Chapter 7 bankruptcy can be risky. When you file for Chapter 7, your assets, including a new car, become part of the bankruptcy estate. The trustee might view the new vehicle as an attempt to protect an asset from creditors, which could complicate your... View More 
I have an open chapter 13 bankruptcy. I spoke with my lawyers office several months ago about purchasing a home. They explained that I would need to make closing 45 days from the contract. I went under contract on 6/25. Lawyers office said they needed my payment and mortgage paperwork by 6/26 for a... View More
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answered on Jul 21, 2024
You may have grounds for a legal malpractice claim against your attorney if you can prove they were negligent in handling your case. Documenting all your communications and the timeline of events is crucial. The fact that they delayed filing and miscalculated your payments for three years could be... View More
Can I still get the money from them that they owe me. I live in PA and they live in AZ. They have not filed yet as far as I know of. They still have 2 horses racing.
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answered on Jun 29, 2024
If your partner files for personal bankruptcy, it can complicate your ability to collect the money they owe you. However, you may still have some options to pursue your claim.
First, you should check whether they have actually filed for bankruptcy. If they haven't filed yet, you might... View More
I did get the card after filling for bankruptcy with the intent to grow my credit the correct way this time by always paying it off
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answered on Jun 22, 2024
I cannot recommend using a credit card after filing for bankruptcy, as this could potentially cause serious legal issues. Here are some important points to consider:
1. Disclosure requirement: When you file for Chapter 7 bankruptcy, you must disclose all your assets and debts, including any... View More
I have been paying the debt as per the terms of the Adversary Proceeding for 10 years now and have completed the amount requested ($250k + 5%). There is a balance of $150K that will be paid by a life insurance policy that has the debtor as the beneficiary.
The payments to the debtor have... View More
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answered on May 25, 2024
Based on the information you provided, it seems that you have been complying with the terms of the Stipulation Resolving Adversary Proceeding for 10 years and have paid a significant portion of the debt. The informal agreements you made with the debtor regarding occasional late or reduced payments... View More
To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I don’t Think the municipal court quite understood that my bankruptcy form 101b was filed and... View More
answered on May 18, 2024
You shouldn’t have to file a petition. The automatic stay created by the filing of the bankruptcy trumps all anyway. Be sure a copy of at least the front page and the creditor section page of your bankruptcy is placed in the municipal court file.
To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I was told by the clerk after filing bankruptcy the automatic stay protects me from the eviction... View More
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answered on May 17, 2024
I understand your confusion and frustration in this situation. Let me try to clarify a few key points:
1. When you file for Chapter 7 bankruptcy, an automatic stay is typically put in place. This stay prevents creditors, including landlords, from continuing collection actions, including... View More
A debt collection company purchases debts and sues the debtors to collect. After 10 years, that collection agency has amassed a portfolio of judgments- mostly uncollected and sitting at the various courts (in PA) for years. The company then filed for chapter 7 Bankruptcy. The trustee/ courts do not... View More
answered on Mar 19, 2024
If the debt collection agency was a corporation (or llc, etc.), it is not eligible for a bankruptcy discharge, although it can file for bankruptcy relief.
A Chapter 7 bankruptcy case is usually short-lived, a "liquidation case". Normally, the Ch. 7 bankruptcy trustee will assess... View More
This seems a long time for no action. They just keep saying they are busy.
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answered on Feb 27, 2024
Has she given them all the paperwork that they asked for? If not, she needs to provide them with everything. Next, she should ask how long it will take until it is ready to file. If you think it's taking too long, she can ask for her money back and hire another attorney. However, she should... View More
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answered on Feb 25, 2024
In the context of a Chapter 13 bankruptcy in Pennsylvania, a "wildcard exemption" refers to a provision under bankruptcy law that allows you to protect a certain amount of any property you own, as opposed to specific categories of property like a home or vehicle. This exemption is... View More
This question applies, of course, to the Federal Exemption Schedule amounts.
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answered on Feb 24, 2024
No, as a renter filing for Chapter 7 bankruptcy you cannot claim any portion of the homestead exemption or apply it towards other assets like autos.
The homestead exemption under federal bankruptcy exemptions (11 U.S.C. § 522) is intended only for equity in an individual’s primary... View More
answered on Feb 11, 2024
There are different forms/"Chapters" of bankruptcy, e.g., for an individual, primarily a Ch. 7 ("liquidation", other than exempt property) and Ch. 13 (commonly, a "Wage earner's plan").
A Chapter 7 case, without "wrinkles", can take three to four... View More
Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More
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answered on Feb 11, 2024
Obligations arising out of a divorce judgment are mostly non-dischargeable so he should not be able to get away with what you describe. You should consult a local bankruptcy attorney who can advise you on your particular situation and, if you want, represent you in challenging his bankruptcy. Most... View More
answered on Jan 16, 2024
If you have no other property, yes, you can keep both cars with the Federal exemption for equity in autos, plus the catch-all exemption, unused by any realty. There are other Fed exemptions that may cover your clothing, furniture, pc, etc.
That said, your questions strikes me as too... View More
I retired in poor health and my wife and I moved overseas leaving behind 133k in consumer debt we can never pay back regretfully. All I have is my small government pension (Fers) and my wife has no income at all. I know the debt collectors are preparing to sue us based on our mail we get from the... View More
answered on Oct 7, 2023
Stay out snd don’t do anything until and unless someone finds you and serves you, which most likely will never happen. If it does, then you may want to come home and file bankruptcy bc most of your assets listed appear to be exempt.
I'm a disabled resident of Bradford County on SSDI with no other source of income. I own a car worth $14k that I purchased outright using my disability benefits and I have personal belongings within my rented apartment, but hold no real significant value. A creditor is currently suing me for... View More
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answered on Sep 3, 2023
For Federal Exemptions to apply you would need to be in Federal Court. Pennsylvania has exemptions for levy's and garnishments that a Pennsylvania attorney can advise you of. You should speak with a Pennsylvania attorney in Bradford County so they can assist you with your rights. Since you... View More
The car needs $8000+ in repairs mechanically and the car is not worth that so it is pointless to dump money into it. I’m wondering if I can just surrender the car and continue to make payments on the loan or will there be serious issues with that. Can they take it and sell it and allow me to make... View More
answered on May 17, 2023
Once a bankruptcy case is filed, the Code provides that you can tender the collateral to the secured lender in full satisfaction of the secured portion of its claim (there may be disputes about the value of the collateral).
Short of a bankruptcy filing, you can certainly offer the car to... View More
my brother filed Chapter 13 bankruptcy. The bankruptcy was dismissed in 2020 due to lack of payment and unfiled paperwork. It appears from the bankruptcy paperwork he did file that he did not mention the inheritance (possibly because he didn’t know what the final amount would be). It’s now... View More
answered on May 15, 2023
As your brother's bankrkuptcy was dismissed, for cause, three years ago and no appeal from that dismissal is pending, you may proceed as if the bankruptcy was never filed (there's a specific Bankruptcy Code section that says that).
For that reason, I recommend that you proceed to... View More
I receive allimony from my x husband. However I started out in the negative when he left me after 22 years of marriage and now I have a ton of credit card bills that are all suing me . On top of it I am in the process of getting a dui charg and my life has fallen apart. I am trying to get it back... View More
answered on Apr 22, 2023
Have a competent bankruptcy attorney review your situation snd help you make the best decision as how to proceed.
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