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answered on Nov 3, 2021
The bank likely received an order from the court lifting the automatic stay to proceed with the foreclosure. This is not uncommon and they can do this for various reasons - no equity, no adequate assurance, you haven't been paying the mortgage post petition... etc. Take a look at your... View More 
I know the back child support can never be washed away, but if by recording the Chapter 7 bankruptcy, will keep me out of debtors prison or jail?
Is this a true statement about filing bankruptcy, If you are behind on child support?
Filing a chapter 7 will get you out of jail by... View More
answered on Nov 2, 2021
The automatic stay does not apply to criminal proceedings or domestic support obligations. Bankruptcy Code 362(b)(1) and (2).
(b)The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of... View More
I filed for chapter 7 in Texas with over 10,000 in checking accounts. 100% of this money is from unemployment compensation so I claimed it all as exempt. I told my trustee that at 341 meeting, and he said that it might not be exempt.
I was expecting him to ask for bank statements which... View More
answered on Oct 20, 2021
It’s not normal. But it is permissible as most debtors don’t have 10k in the bank. Give him the apps and let him see it is all unemployment.
My application (which I submitted in March) was neglected, handled improperly, and went against protocol for the review process. It is still in review today. As a result I was forced to either face eviction or not renew my lease at my appartment. When I contacted the program, they specifically... View More
After judgement was issued I never heard from the creditor again. It was my local bank and I live in Texas.
answered on Aug 24, 2021
It may still be valid. You should check the statute of limitations on judgments in the state where it was issued.
answered on Apr 25, 2021
It’s not illegal unless you know it is illegal and participate in it anyway.
I found out this was from years ago, and am I believe my ex wife opened the credit card and I was unaware of it. I gave an answer to the court and am now awaiting whatever comes next, not sure if I need to secure an attorney for an anticipated court date. ANy guidance and advice would be... View More
answered on Apr 5, 2021
Hire an attorney snd let them defend it for you. If it is tears old, there may be many defenses available to you of which you are unaware.
We have decided to file for bankruptcy and have tax issues that figure into the equation.
answered on Mar 18, 2021
If you've already filed bankruptcy, you can just file a suggestion of bankruptcy to let the court know that it can't take any action on the civil case. If you haven't filed bankruptcy yet, you'll need to file an answer, and let the court know about the bankruptcy when it's filed.
Want to sell house later without any liens being placed ,he is currently living in house.
answered on Feb 9, 2021
If the house is homestead, the lien won't attach.
When you say you two have a "life estate deed together" I don't know what that means. A life estate is only the right to use the house during your lifetime. Presumably one of you has a life estate and the other has... View More
I owned an undivided 1/2 interest in my ex-husband's property from our divorce 15 years ago. I gifted it to my children 8 months ago so that it wouldn't have to go through probate at my death. Will this be a problem if I file for Chapter 7? I received no money and own no other property.
answered on Feb 4, 2021
That is likely to be a problem as it will probably be considered a "fraudulent transfer". Speak to a local bankruptcy attorney for possible solutions, as there may still be a way for you to file that doesn't cause a problem for you or your children.
The only income my husband and I have is social security income and his VA disability payments. We were married in 2019. Before our marriage, I accumulated much credit card debt. I am now retired, and unable to pay the credit cards. I know that his disability payments are excluded from the... View More
answered on Jan 22, 2021
Hello there. You are correct that you do not need to input VA disability and Social Security on the means test, but you do need to disclose the income on your schedule I as part of your income. You would also need to disclose it on the Statement of Financial Affairs as well.
My W2 shows a $5000 difference from what was deducted vs what the trustee received. My bankruptcy lawyer has been no help & now my bankruptcy case is being dismissed. Is there anything I can do about this since my money was mishandled by my employer? What/if any law would the employer be... View More
answered on Jan 21, 2021
Tons of laws! Basically, this would be the equivalent of civil theft. I would first alert the trustee and they may take care of it. If not, I would file a motion to compel in the bankruptcy court to have the money turned over.
answered on Jan 9, 2021
For what? Lol
If you meant to ask whether you need a lawyer to file a bankruptcy case for you, the answer is No, you can file pro se, BUT,
If you represent yourself, well, there's an old saying that a lawyer who represents himself has a damn fool for a client.
If you... View More
Bankruptcy since 2018, never missed a payment. Been doing it successfully, but since covid and working directly with covid patients I cannot get extra work since I'm constantly exposed. So I have not been able to get extra work. Now I cant pay my insurance, pay my utilities or my gas to keep... View More
answered on Dec 15, 2020
If you have been in bankruptcy since 2018 it sounds like you filed under Chapter 13. A chapter 13 bankruptcy can typically be voluntarily dismissed at any time. Although before you dismiss you might explore seeing if you can modify your plan and possibly lower the payment. Under the CARES act, you... View More
Child support judgement was reduced to half 27000 and was included in my bankruptcy filing and was paid off in 2006. Then the Child support office refiled for the original amount and tacked interest onto the original amount. The CS office refuses to acknowledge the bankruptcy agreement and more... View More
answered on Dec 19, 2020
Child support payments generally cannot be discharged in bankruptcy. This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to modify child support obligations. Since you state that the child support... View More
Here is the Timeline:
April - I received a bill from the Hospital. June – Hospital agreed to place my payment on hold under their Pandemic-time policy.
June/July - Received two letters from a DCA. I called DCA to inform that my account was under hold. October - The hospital... View More
answered on Dec 3, 2020
Yes. It may also be a violation of the Fair Credit Reporting Act.
Would it also affect my ability to work in the finance industry?
answered on Dec 30, 2020
That's a loaded question best discussed in the office. Some additional questions will include, "How did you obtain your conditional greencard? (e.g. investment based or family based?) What sort of bankruptcy is it? (personal or business based). There is a form I-944 that has to be... View More
I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was... View More
answered on Nov 23, 2020
Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure... View More
I do nt want to have to sell my Truck I have 14,000 more to pay and have 14,000 already paid. All other debt appx 12,000 is unsecured and I have been "disabled" and getting SSDI since July 2020. Disability began July 2019. I have a disabled child as well and she gets SSI. Although I... View More
answered on Oct 12, 2020
You really really really need to talk to a bankruptcy lawyer who can go over everything in detail. Let me give you an idea of the exceptions available to Texans:
A car for every licensed drive in the household or anyone dependent on transportation.
You truck note will note will not... View More
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