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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
answered on Apr 13, 2023
The moment you file for bankruptcy relief, an automatic stay is issued against any creditor's attempt to collect a debt, and that applies generally to state and local governments as well.
If, as it appears, you are now a PA resident, you are required to have a PA driver's... View More
being sold by some serious experts claims that if you notify the bankrupty court of new funds going to a bankrupt business, the court will pay up to 25 percent of the funds recovered. I cannot find any information about this at all. Do you know of this?
I will add that I wrote the... View More
answered on Apr 5, 2023
i've been practicing law, about half of it in bankruptcy cases from Oklahoma and Texas to PA, DE and NJ, and I have yet to witness any court, bankruptcy or otherwise, make any payment to anyone, lol.
A Chapter 7 trustee is appointed over each Ch. 7 bankruptcy. The trustee steps into... View More
tHE HURSING HOME WANTS TO KNOW WHEN HE FILED FOR BANKRUPTCY AND WHEN HE SIGNED THE HOUSE OVER TO MY OTHER NEPHEW WHO IS DEAD. IF IT WAS EASY TO FIND OUT THE ANSWER I WOULD NOT HAVE ASKED YOU. THANK YOU WE THOUGHT THERE WAS A COURT SOMEWHERE WE COULD ASK.
answered on Mar 24, 2023
The best way to find out without it costing him any money is to ask your uncle.
After consultation with a bankruptcy attorney, he suggested I file a Motion to Dismiss related to my ex's Chapter 13 filing. My main argument is that he omitted currently paying for multiple attorneys. This is important because he has not reimbursed me for child-related expenses due under our... View More
answered on Mar 2, 2023
Any bankruptcy case deals primarily with "claims" existing on the date of filing, not so much the entities that hold those claims. However, initially, the court requires that a full list of all creditors with claims on the date of inception of the bankruptcy case, with names and... View More
After consultation with a bankruptcy attorney, he suggested I file a Motion to Dismiss related to my ex's Chapter 13 filing. I am wondering if there are limitations on what exhibits I can file publicly? For instance, I was going to provide his employer's offer letter outlining his bonus... View More
answered on Mar 2, 2023
You're right on to be concerned about privacy of litigants and disclosures through exhibits. the PA courts all have extensive rules about pleadings and exhibits, and what cannot be made public, and you should google those regarding disclosures through pleadings. (All filings in PA courts,... View More
Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023
Judgments become liens on all Real Property the person owns in the County where the Judgment is recorded. Judgments need to be renewed every 5 years to retain the lien and its priority against the Real Property. You should contact an attorney that has experience in Real Estate and Foreclosure Law... View More
answered on Feb 7, 2023
Was the debt a mortgage loan? Form 1099A is used to determine capital gains and losses on abandoned or foreclosed property (usually real property.) When you surrender your home in bankruptcy, you may receive a form 1099A from your mortgage lender, most often if (1) the property is vacant and (2)... 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.
