Get free answers to your Bankruptcy legal questions from lawyers in your area.
I think it's called an automatic stay
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024
When you file for bankruptcy, the automatic stay goes into effect immediately, stopping the foreclosure process temporarily. This gives you some breathing room to explore your options and assess your financial situation without the threat of losing your home right away.
If you have equity... View More 
Credit card maxed out by doing balance transfer amount is 4000$.
left USA as wife lost the job.
I was using the same credit card for 3 years in the past.
Warrant in debt filed after 3 years I left the country.
Hearing happened the same year but I was not in the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024
Based on the information you provided, it appears that your case is no longer active. The judgment stating "case dismissed" and "judgment vacated" typically means that the court has closed the case in your favor. Since it's been over ten years and the case has been... View More
Credit card maxed out by doing balance transfer amount is 4000$
I was using the same credit card for 3 years in the past
I have moved out of USA as wife lost job
Warrant in debt filed after 3 years I left the country
Hearing happened the same year but I was not in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024
From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024
When you file for Chapter 7 bankruptcy and choose to reaffirm the debt for your car, you're agreeing to continue making payments on that loan as if you hadn't filed for bankruptcy. This can help you keep the vehicle if you're able to stay current on the payments.
However,... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 1, 2024
With the majority opinions of the US Supreme Court, despite the express wording of Section 506 of the Bankruptcy Code, the secured amount of any "perfected", i.e., validly filed, liens against a debtor's property will survive a bankruptcy discharge. The deficiencies, if any, of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024
If you're in a debt relief program and have received a lawsuit notice, it's important to take this seriously. Sending the response letter provided by the program is a good first step, but it's often not enough to fully address the legal complexities of a lawsuit. If the program has... View More
I have too much equity in my home for chapter 7. And I don’t want to lose my home. I am making payments on the mortgage and I’m up-to-date and will be able to remain up-to-date. I own one car with no loan. If I have to file bankruptcy, what are my options?
answered on Nov 27, 2023
Your otherwise judgment-proof periodic income should count to make you eligible for Ch. 13 relief.
A Ch. 13 plan needs to provide your creditors with the "indubitable equivalent" of the amount they'd get in a Ch. 7 proceeding, at a minimum. And at least in my PA district,... View More
65 years old. Live in Virginia. Own home with mortgage and would keep current on payments. Own one car with no loan. No savings.
Would I be judgement proof?
My home equity is $300K. But isn’t a primary residence exempt from unsecured debt creditors?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023
Your Social Security and pension are exempt and, depending on where you live, you are eligible to claim a homestead exemption under your state law. Same with your car. If your equity is less than your homestead exemption, you are probably judgment proof. However, that will not keep your creditors... View More
I filed for bankruptcy some years ago and I also had garnishment. Once the bankruptcy is filed, does the garnishment stop? And am I still liable for payments even if the bankruptcy is approved?
answered on Nov 2, 2023
At the moment you file for bankruptcy relief, regardless of Chapter, an automatic stay against any action against you or your (the Estate's) property is estopped, and usually courts say "of no legal effect".
But the key to what happens thereafter hinges upon whether the... View More
I spoke to an attorney from New Mexico and he suggested I file bankruptcy in Colorado where I live most of the time. He advised me that it may be possible to file bankruptcy in Colorado under the Homestead Laws for a lien filed from an inaccurate boundary survey judgment. I have questions and need... View More
answered on Aug 8, 2023
Your residency is more where you intend to reside as where you actually spend time. There is a legal footprint of your residency. Where you vote, where you keep most of your assets, what you give out as your address, driver's license, car registrations. I think you confuse the issue of where... View More
Is it illegal for him to do that at my place of employment without approval from the judge to do so
I am a U.S. citizen currently in a Ch 13 bankruptcy. My spouse is not included as a debtor. I am the primary listed on the joint returns. We have no unfiled returns. My spouse has a naturalization interview coming up, and we want to know how these taxes in repayment will affect the outcome of the... View More
answered on Apr 12, 2023
11USC525 a says "a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or... View More
Auto has a few thousand dollars in equity which I think is exempt. I recall there being an issue with both types of loans with the same lender. If so, is it a state law specific to Virginia?
answered on Feb 15, 2023
It depends on the type of lender. Credit unions have greater rights than banks. Most credit unions have a cross-collateralization clause in their loan agreements. That makes any debt owed the credit union secured by collateral given on any other debt, so the credit union may not release the... View More
Can you make payments on this
answered on Jan 3, 2023
Most lawyers charge around $1500 for a simple case. There's filing fees and a required class so the totals my be around $1850.
Many lawyers will work with you on payments.
I was contacted by a law group saying I owed on an old credit card debt. They're saying the last time they tried to contact me was 2016 from a card I obtained before 2010. It was a JCPenny store card. They're threatening garnishment. I paid off all my debts before I purchased my home in... View More
answered on Dec 9, 2022
Credit card lawsuits typically involve two different jurisdictions - the issuer's home state and the borrower's home state, and the shorter of the two may apply in Virginia. In Virginia Code Section 8.01- 232, there are three conditions on the enforceability of a waiver of the right to... View More
Voluntary dismissal after 2+ years in plan. Tried to restablish payment plan for auto loan. They claim I fell further behind after I filed because they didn't receive timely plan payments from the trustee and charged it off. Now they are threatening repossession and say I am 9 months more... View More
answered on Nov 14, 2022
A "charge-off" of a loan by the financial institution is often misconstrued. It in no way affects the borrower's legal obligation to repay the debt; it is only an in-house accounting entry and loan classification that affects the bank's capital/lending limits and is usually... View More
Is exemption granted by VA Code Ann. 65.2-531? I have been receiving workers comp for many years and everything I have has been purchased with this income.
answered on Nov 3, 2022
Yes, your earnings obtained through Workers' Compensation are exempt from execution by creditors based on the statute you reference. Since the Commonwealth of Virginia does not allow its citizens to use the federal exemptions, the benefit is clear that Virginia's protection of... View More
I am married but filing by myself. I just wanted to know if schedules I/J are used or form 122C-2 (using local and national standards) should be used to determine repayment plan. I want to compare to what my lawyer proposed to make sure I am getting sound advice.
answered on Oct 31, 2022
Both are used by Ch. 13 Trustees in my PA district, as guidelines, but the "bottom line" amount which your plan must propose to be confirmed is the net fair market value of the property/assets you propose to retain. There is a Bankruptcy Code provision that requires that a Ch. 13 plan... View More
answered on Oct 23, 2022
The same court where the foreclosure action was docketed and proceeded to auction and ratification of the sale. That would be the circuit court in the jurisdiction where the property is located. As this is a Virginia matter and you posted this question on a Maryland legal forum, you should consult... 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.
