If the creditor attempts to collect on a discharged debt, the debtor reopen the case and can file a show cause proceeding against the creditor for violating the discharge injunction and may recover actual damages, attorney's fees and costs, and with willful and intentional violations causing...Read more »
Debts. He paid him 100,000 not to lose his house. The lawyer ( trusty) and his wife came in to short sell my brothers and his families house. He thought the case was closed. He is now suing him for the third time and his LLC which is my mothers land and property. This is occurring in the Eastern... Read more »
First, your creditors receive payments in a Chapter 13 case as distributed by the Chapter 13 Trustee in your case. Second, the creditors who have been listed on the bankruptcy schedules are not always the ones who get paid in a Chapter 13 case. The creditors must file a proof of claim to be...Read more »
Typically, after a bankruptcy case you need to take affirmative action to build your credit. There are many ways to rebuild your credit such as a secured credit card, taking a higher interest car loan, or having a co-signer with you on a loan.
If you listed all your "old collectors"/creditors names and addresses on your prior bankruptcy schedules filed with the court, and the bankruptcy court has entered its Order of general discharge, then you're good/safe, and if any of your old discharged unsecured creditors attempt in...Read more »
I took an online loan from Advance Financial 24/7 10/2019 for $1250. From October to March 2020 I paid them about $325 a month. In March I enrolled with Encompass Recovery Group, a debt settlement group for payday loans. They settled (late August, early September) with Advance Financial for... Read more »
How can I get his name off the discharged mortgage? I have the quitclaim deed and divorce paperwork showing it is mine. Im sick of him being able to access mortgage info as well as things being mailed to him from the bank. The property is in VA.
If the car was say a 2018 Bentley and you only owed two more payments--with something like that the bankruptcy trustee would sell your car. But if you owe about what it's worth, the trustee isn't interested.
The answer is yes. Of course whether or not you are in a community property state or not also effects how much a trustee can do. Basically the trustee owns the excess equity in any Chapter 7 case. Filing the case gives that equity to the trustee at the moment of filing and it cannot be undone...Read more »
My home is paid for and worth about $65,000. I need to file chapter 7 bankruptcy on about $60,000 worth of credit card, doctor bill and vehicle debt. My only income is $1,388/month child support. Will I lose my home? I can't afford to move out and rent.
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