Get free answers to your Bankruptcy legal questions from lawyers in your area.
answered on Sep 5, 2012
If you are a natural person, rather than a fictitious, such as a corporation or trust, then no you do not need an attorney. However, bankruptcy is a complicated area of law, involving a combination of Federal Procedures and State Laws. Though it is a Federal Court Action, because of the State... View More 
Can I request an accounting from the Ch-7 Trustee after discharge? Nothing specifying what is the estate has been filed.
answered on Feb 14, 2014
A: An accounting will only be done if it was an asset case. If there were assets administered, the Trustee will file the accounting.
answered on Feb 14, 2014
A: It wouldn’t matter if the person was now a billionaire. If the matter was discharged, they no longer owe you.
answered on Feb 14, 2014
A: A Debtor loses the right to all actions unless abandoned by the Trustee.
answered on Feb 14, 2014
A: If you are in arrears, you can cure the situation with a Chapter 13 if you are a candidate. To make the mortgage(s) more affordable you can possible do a combination of lien stripping, a cram down and or a modification either via or apart from the court. Not all jurisdictions do court... View More
answered on Dec 8, 2011
A Natural Person (vs. a business entity) can represent themselves in court; however, bankruptcy is a very complicated area of law, involving a combination of Federal Procedures and State Laws. So, an attorney is recommended, though not required.
Collection agency called me and said if i did not have paid in 4 days they would issue a crimal warrant for me on a worthless check charge, this is a debt from 1 and half years ago and the bank acct has been closed. i am about to file chapter 7 bankruptcy, but can they legally get a crimal warrant... View More
answered on Feb 14, 2014
A: They cannot seek criminal charges on the original advance, but they can on the bounced check. In some states, in addition to the criminal charges they can seek civil remedies (sue you) for three times the amount.
answered on Dec 8, 2011
Yes, but you should immediately provide the lender with a Suggestion of Bankruptcy and a copy of the Notice, after you file. I would also suggest you tape a copy of each to the vehicle, to avoid the Repo Man. Once you send the lender a copy, contact them to make sure the Repo Man is called off.... View More
My ex-husband gave information to a lady regarding my clothing business, which was not included in my bankruptcy. Is this legal? This information has been twisted and is being attempted to use against me with malicious intent.
answered on Dec 8, 2011
If the information is accurate, you may have grounds under slander/false light; however, it is probably best you do not pursue it as it appears you ommited claims in your bky case - preference is a ground for revocation of a discharge. If the information is false, sue her for slander. In either... View More
I have not received a letter from the court in TN or a letter from the collection agency. My wages were just garnished. It does not seem fair.
answered on Feb 14, 2014
A: Garnishment is a Post Judgment matter. You would have been served when the suit first started and unless you can actually prove insufficient service, they are not going to take your word over the Sheriff or other processing agent. Garnishments are done by writ, forwarded to you and your... View More
answered on Nov 28, 2011
Yes, however you must pay the missed payments. It maybe better to just start a new case.
answered on Feb 14, 2014
A: A chapter 7 discharges your debts. This means you no longer have a legal obligation to repay them. However, certain debts are not dischargeable, such as student loans, Child/Spousal Support, Taxes and Debts relating from a DUI. So yes, you can be charged interest.
answered on Feb 14, 2014
A: If you are current and within the available exemptions, you should be able to keep.
answered on Feb 14, 2014
A: Yes a noncitizen who is legally in the country can file a bankruptcy; however, exemption issues may have to be addressed, along with possible consequences if the Debtor is considering becoming a citizen.
answered on Feb 14, 2014
A: Garnishment is a Post Judgment matter. You would have been served when the suit first started and unless you can actually prove insufficient service, they are not going to take your word over the Sheriff or other processing agent. Garnishments are done by writ, forwarded to you and your... View More
answered on Feb 14, 2014
A: Filing date to filing date for a chapter 7, you must wait until 7 years expires. So if you filed a chapter 7 on January 01, 2002, you must wait until January 02, 2009.
Is my business partner cover under the bankruptcy stay in Tennessee?
answered on Feb 14, 2014
A: Your personal Bky, the Stay and resulting Discharge only extends to you personally.
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