Get free answers to your Bankruptcy legal questions from lawyers in your area.
I am the one making payments. Should I be worried . Does this affect my home? could they take it?
answered on Nov 22, 2021
As against the bankrupt, a mortgage or note provision that the filing of a bankruptcy triggers and acceleration of the debt has been held to be unenforceable by most courts.
And so long as the mortgage debt is being paid as due, most mortgage lenders/servers are happy and would not attempt... View More 
So I have my car and credit card from the same credit union. And I am not able to afford either payment. Hints trying to file chapter 7. If I file would I be able to get both of them written off? Or will they go after me and sue me for filling?
answered on Jul 31, 2021
No one can hope to prevail by claiming some sort of damage simply because you have filed for bankruptcy relief. If you meet the eligibility requirements for the bankruptcy chapter of your choice, you're bullet-proof from any such claims.
However, it may be that some creditor may seek... View More
basically my wife has taken everything and I want to keep our home. I will have to buy her out, but will need to file chapter 13 after. Can I include this settlement to avoid having to pay her. I have already paid over $50K in alimony and $80K in attorney fees,
Husband and I are filing chapter 7 to discharge a civil judgment. However our son is also on the judgment, will they come after him after we file?
answered on Feb 20, 2021
In a Ch. 7, the automatic stay, and the permanent injunction included in the final Discharge, only protects the debtors who file the bankruptcy case. Assuming that the civil judgment is not for a non-dischargeable kind of debt (e.g., fraud, willful destruction, and specified kinds of personal... View More
The co signer for my car filed for bankruptcy so now the bank won’t let me pay. When I try, it says that it’s covered under the bankruptcy. Now the bank is coming after my car if I don’t pay for all the missed payments. So they won’t let me pay but now they want all the money “I owe”
answered on Sep 21, 2020
They can’t repossess your car while the co-signers automaton stay is in place. Hire a lawyer and let him straighten out the issues between you and the lender going forward.
Our attorney is out of town for the holiday weekend. We have our court date/time but hadn't received anything from the court directly. Went back and looked at our paperwork. Only our physical address is on them not our mailiing.... is this going to be a problem? We have no time to file... View More
answered on Sep 4, 2020
No. Both you go and take your drivers licenses and social security cards. If you do that, everything should be fine.
Considering trading this car in on a much cheaper vehicle and putting the 10k on a credit card so I'm not upside down in a vehicle before I file.
Is this a good idea, or a horrible idea for filing chapter 7? I don't want to be upside down in a vehicle, and really need to start completely over.
answered on Aug 13, 2020
Consult a bankruptcy attorney before you do anything. Divorce obligations are NOT dischargeable in bankruptcy.
He also made me very sick. I have been blocked from seeing any documents. I am in need of a attorney ASAP
answered on Jun 4, 2020
The short answer is, you need an attorney that understands both family law and bankruptcy law or two lawyers that know each individual area of law to work together.
Washington State, Snohomish County. Prescribed oxycodones for pain in my feet from 1997 till 1999. Became addicted to opiates been in and out of treatment, have multiple felony drug cases which I've done prison time for. Also had a child born with neonatal abstinence syndrome.
answered on Apr 13, 2020
You need to do a a malpractice attorney who will review it and then have an expert review it and the expert will tell you whether it is viable or not.
answered on Feb 8, 2020
Contact a competent debtors rights attorney near you who can lay out your options.
answered on Feb 4, 2020
Probably, but you need to seek permission if the court before incurring any new debt.
answered on Nov 26, 2019
Check with your local bar association or legal aid society. They maintain lists of pro bono and reduced fee lawyers.
answered on Nov 26, 2019
You can check the bankruptcy court's website for information on the forms.
Here is the website for western district. http://www.wawb.uscourts.gov/csReadyToFile
They also have information on representing yourself. At the very least get a consultation with a bankruptcy... View More
] I purchased an airline ticket in January w/credit card. I had to file bankruptcy due to health reasons. I recieved my discharge in may. The credit card that is used to purchase the ticket I included in bankruptcy. I owed them a balance when I filed bankruptcy. Come to find out the airline owed... View More
answered on Oct 5, 2019
Yes. The refund was a set off against the debt. Unless the trustee wants to pursue it as property if the estate, it’s gone.
answered on Aug 16, 2019
Not likely except by agreement with the creditor. Make sure you can’t bankrupt before you move forward.
I found a payment that was applied to principal curtailment that in turn caused late fees and missed payments. Other fees down the road could the error change the outcome of where i am now?
answered on Jul 18, 2019
Yes. Dispute it on your credit report and with the lender. You should get on this ASAP bc it can materially affect your credit rating.
I also found a lawfirm that removes information from my credit, do those 2 things conflict if done at the same time?
answered on Jun 5, 2019
Removing derogatory information in your credit report does NOT absolve you of the underlying debts that caused the information you want removed. Filing a Chapter 7 may result in getting rid of some or all the debts--but your credit report will then contain that information.
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.
