Get free answers to your Bankruptcy legal questions from lawyers in your area.
I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... View More 
answered on Mar 3, 2023
Anybody with a couple hundred bucks, or whatever the court filing fee is, can sue anybody else. The key question is whether they can get a judgment, i.e., win.
If you can show a court that your first default occurred more than four years ago, and was not subsequently cured by catching up... View More
Also, if a secured creditor refunds trustee for overpayment, does that get returned to debtors? Chapter 13
answered on Feb 26, 2023
If there are no other costs or expenses from the trustee one the plan is paid, those monies should be returned to the debtor.
we met with two attorneys and one recommended chapter 7 and the other recommended chapter 13 so we now are confused as to which is the best route since the opinions we not the same.
answered on Feb 21, 2023
Your question is hard to answer in a vacuum. Both have advantages.. if taxes are over three years old and all returns have been filed and no extensions done such as offer in compromise, then 7 good.
If tax are Leins, and under three years old or you tried other methods, then paying the... View More
Paid $5,000 up front plus filing fees and I explained while there at Bankrupcy Attorney office that I shared inherited property with my siblings, After I got home within 24 hrs I called our probate Attorney and was told the Bankruptcy could affect my siblings in the shared property so I called... View More
answered on Feb 7, 2023
Depends on the contract you signed but most likely not appropriate. If he continues to refuse and your contract does not address it, you may have to file a fee dispute with your state bar.
Ex Husband is still in the approval (or denial) for Chapter 13. My motion for relief of stay keeps getting pushed forward since he keeps getting pushed forward. The trustee is now recommending denial of his chapter 13 due to timeliness. I have a default judgment for attorney fees and amount owed up... View More
answered on Feb 6, 2023
You will have to get the additional award of attorney fees approved by the divorce court. Your settlement agreement may also have language regarding such an award.
S properties had liens section 5.085 of the Property would that help me ge
the highest bidder, which is J. Favela. J. Favela filed bankruptcy on behalf of
Empire Prime Capital Investing, Inc. ("Empire"), just four days after this Honorable Court told
Favela that he... View More
answered on Jan 15, 2023
It sounds like this is a matter that has been litigated and is on appeal. So I would recommend a civil appellate lawyer.
It might help if the appellate lawyer has some experience or general knowledge of bankruptcy law as well.
You should anticipate such a lawyer will charge... View More
I need a lawyer iif we would of finished the billl of review we would of won ? evidence was presented, and Court found that I was the only owner of my company 4 days later ex partnerfiled filed bankruptcy on behalf of my company just four days after this Court told him that he did not own it. I... View More
answered on Jan 16, 2023
If you still own the business, simply move the Court to dismiss the bankruptcy as unauthorized.
I’ve lived in Texas for two years and own my home outright. Value is about 270k. I’m married. I believe the federal cap is around 180k. Can that be doubled in a joint bankruptcy.
answered on Jan 5, 2023
The current federal homestead exemption is approx. $25,000. Yes, it can be doubled with a joint filing.
Sam Houston was a notorious debtor, and he and his friends set up a debtor-friendly place. The TX state exemptions for homestead are far more generous (I used to practice in Oklahoma... View More
answered on Dec 25, 2022
You go to a bankruptcy lawyer for assistance--you will need him not only for 113, but also for you plan of repayment. Most lawyers do not charge a fee for the initial consultation.
Good Luck
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I just wanted to clear up what I was asking. His bankruptcy is not yet approved and trustee is recommending it not be granted due to lack of income because he has not submitted the documents she asked for yet. (Schedule C, 3-months P&L, and complete tax return. I log on to Pacer at least once a... View More
answered on Dec 18, 2022
Yes. You can file your own response to the trustee but you are pretty much protected either way.
Ex husband declaring bankruptcy, I have a default judgement and certificate of enforcement but have been unable to collect. I have an attorney, but each thing costs me money. In the divorce decree it states the ex must pay for my attorney fees, but since I have a default judgement, does that negate... View More
answered on Dec 17, 2022
No. He still owes you the money. Domestic support obligations are non-dischargeable. You can recoup your attorney fees up through the date of the order but you can always go back in and ask for more attorney fees bc if the bankruptcy.
Looking to get access to assets that are being sold as part of Chapter 7/11/13 proceedings in Austin TX
answered on Dec 14, 2022
While, as the first answer instructs, contacting the bankruptcy trustee is a good idea (trustees looking to sell estate assets always want to maximize sale prices, and that comes from drawing in more prospective purchasers), your question seems to suggest that there are multiple cases/trustees in... View More
My husband passed away recently from cancer. Because of the expenses, we are in dire straights financially and I will probably have to file for bankruptcy while I try to determine what to do. I need to keep my house long enough to be able to sell it and get the equity+ out of it. The house is... View More
answered on Nov 9, 2022
Any equity you have in that house (above your exemption) would belong to the bankruptcy estate if you file bankruptcy. Meaning, the Trustee might sell it to take that money to pay your creditors. You may have enough of an exemption to protect that equity, but what is available to you will depend.... View More
My husband who was the only one bringing home a paycheck died 9/21/2022. I'm trying to sell my house, car and jewelry so that my son and I aren't without anywhere to live. I'm behind on the house payments because I simply cannot afford the $1700 a month payment. They will foreclose... View More
answered on Nov 7, 2022
You may be eligible for bankruptcy depending on your assets and equity in your house. You should consult a competent bankruptcy attorney who can assess your entire financial situation. There are lawyers who may do this pro Bono or at a reduced fee. Contact your local bar association or legal aid... View More
I have really great credit but my husband and I are digging ourselves into a hole with a large loan we have. We might be taking on having to add another family member to raise due to an emergency family situation, so financial restructuring is going to be in order. We would not file for bankruptcy... View More
answered on Sep 28, 2022
You can file anytime but it could be considered fraudulent if you file too soon. You really should have a competent bankruptcy lawyer evaluate your entire financial situation.
Bankruptcy. I was granted the life policy on him. I did the 410 form twice. And sent it to 2 different address. His lawyer and he do not want to pay. I paid it off due to interest rate. What do I do.
answered on Aug 23, 2022
Make a motion to hold him in contempt in your divorce case.
Financial issues leading to eviction. Two people household. Apt management doesn't have the ssn and birth date for one tenant. How does this affect the eviction process moving forward? Also does filing for chapter 7 allow for automatic stay for the whole household or only for who filed... View More
answered on Aug 25, 2022
Lack of ssn and dob will not affect the eviction. Bankruptcy of one tenant will likely stay eviction of other tenants in the same house.
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