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i got a divorce in 2015. my ex-wife got the house and land, she was to keep up all payments; taxes and insurance. i filed; individually; for ch.7 bankruptcy and it was discharged in 2019; including the mortgage.the mortgage company was given the discharge order. the property is in Alabama, and i... View More 
answered on Sep 12, 2024
While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.
Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any... View More
answered on Aug 26, 2024
I'm currently licensed in PA, but have practiced in Georgia, OK, TX, NJ and DE, but not Alabama.
You don't say whether this Notice is in federal court, where the practice is fairly uniform in all States, or the Alabama state court. There's probably some difference.... View More
I am able to reinstate my license June 2024 do I have to be paying on a the car I wrecked with...we never went to court and its down as my fault a
can i file bankruptcy on the wreck to get my license back
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answered on Jun 21, 2024
I understand you're in a difficult situation with your suspended license and the aftermath of a car accident. Let me break down the key points and offer some general guidance:
1. License reinstatement:
You mentioned you can reinstate your license in June 2024. This is likely... View More
To a 7, he informed me the fees would
Have to be paid first. Okay so his fees are paid so I spoke with him yesterday to see about converting… now he says I have to pay him a 1,250 up front conversion fee just to see if I even qualify. I’m feel like im being screwed. I need help.
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answered on Jun 19, 2024
I understand your frustration with the additional fees your attorney is requesting to convert your Chapter 13 bankruptcy to a Chapter 7. It's important to note that converting a bankruptcy case does involve additional work for the attorney, which may explain the conversion fee. However, the... View More
Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.
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answered on Apr 4, 2024
I'm sorry to hear about the difficult situation you're in with the land purchase from your brother. This is a complex legal issue, and the best course of action will depend on the specific details of your case. Here are a few general points to consider:
1. Bankruptcy proceedings:... View More
Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.
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answered on Apr 1, 2024
This is not legal advice as to this specific question or case you have submitted but information I believe is relevant to your question. That said you should hire a lawyer to navigate all the possibilities before you. In general, these types of cases can involve many documents a lawyer will want to... View More
Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.
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answered on Apr 1, 2024
BR Trustee will claim title to that parcel. unless Debtor is able to exempt it. If so, after about 2 years you should be able to get it transferred to you. If part of the BR Estate, then you can try to buy it from Trustee. You and Brother need to talk to the BR attorney.
He owes $36,000 in arrears. DHR said they can no longer garnish for arrears and his bankruptcy lawyer will not return calls. I reached out to the State of Alabama Trustee and she said they can only pay out what he sends in. How will he be held responsible for paying? It stated in the bankruptcy... View More
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answered on Mar 16, 2024
It's essential to understand that child support obligations are treated with high priority in bankruptcy proceedings, including Chapter 13. Even though your ex-husband filed for bankruptcy, his child support arrears should not be discharged by the bankruptcy and remain his responsibility. The... View More
I filed for Chapter 7 bankruptcy and it was discharged in 2/2014. The property was sold during foreclosure and then the property was bought back from that purchaser. Bayview Loan Servicing was assigned a lien to the property on 8/20/2015, for the original purchase price of the property, which was... View More
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answered on Sep 8, 2023
After a Chapter 7 bankruptcy discharge, you are generally relieved from personal liability for debts existing prior to the bankruptcy filing; however, secured debts, such as a mortgage, can be different because the lien on the property often survives the bankruptcy discharge. If Bayview Loan... View More
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answered on Sep 8, 2023
Yes, you and your husband can file for bankruptcy jointly even if you have not legally changed your name after marriage. When you file, you will use your legal names as they appear on your government-issued IDs to ensure there are no discrepancies in the official records. It is essential to provide... View More
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answered on Sep 8, 2023
I'm sorry to hear about your difficult situation. It would be a good idea to respond to the lawsuit to protect your rights - in California, you generally have 30 days to respond to a lawsuit after you are served. Since you mentioned that you are facing financial difficulties, you might... View More
answered on Aug 21, 2023
I agree with my colleague's terse answer, but there seems to be a common misunderstanding about what assets and debts are "included" in a bankruptcy case.
You have no choice about which assets or which debts. Your required Schedules of assets and debts, filed in every case,... View More
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answered on Aug 21, 2023
In Alabama, if your Chapter 13 bankruptcy case is dismissed, the trustee's ability to take your real estate largely depends on whether the property was included in the bankruptcy case. If your real estate was not part of the bankruptcy case, it typically remains outside the scope of the... View More
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answered on Sep 8, 2023
Yes, you and your husband can file for bankruptcy jointly even if you have not legally changed your name after marriage. When you file, you will use your legal names as they appear on your government-issued IDs to ensure there are no discrepancies in the official records. It is essential to provide... View More
My ex-husband and I filed Chapter 7 bankruptcy in Alabama and had it discharged in 2014, and then bought the property back in foreclosure from a different company. The liens from creditors, which were all from business loans that used the house and property for collateral before the bankruptcy and... View More
answered on Aug 14, 2023
While unsecured general claims are discharged in a Ch. 7 bankruptcy, any claims with collateral where that lien is "perfected" by filing (in accordance with state law) are not discharged, and the lien survives with the claim. (Decades ago, Justice Thomas wrote the majority opinion for... View More
My ex-husband and I filed Chapter 7 bankruptcy in Alabama and had it discharged in 2014, and then bought the property back in foreclosure from a different company. The liens from creditors, which were all from business loans that used the house and property for collateral before the bankruptcy and... View More
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answered on Sep 8, 2023
After a Chapter 7 bankruptcy discharge, while your personal liability for the debt is erased, liens on your property generally remain. However, since these liens are older than 10 years, you may have grounds to remove them by motioning the court, as liens often have a lifespan after which they... View More
I’m in chapter 13 with an end date within 6 months. I paid off Irs debt in said bankruptcy. I owe the IRS 3900 this year and I’m scared to file because I owe . Can I setup a payment plan outside of the bankruptcy and not get in trouble
answered on Mar 22, 2023
Yes, you may set up a payment plan with the IRS at this point, and it behooves you to do so, as generally, the Bankruptcy Code requires you to remain "current" upon ongoing obligations.
The IRS, however, may require you to obtain judicial approval of any payment plan with the... View More
my credit was higher. i had no collateral at all to secure loan. can i file chapter 7 to get off of loan. i own nothing live on disability and can’t work..
answered on Mar 13, 2023
Yes, you should be able to file for bankruptcy relief to discharge your obligation to repay that loan.
You should however speak to an experienced bankruptcy attorney in Alabama about this plan, as I am somewhat concerned, from what you say, about the creditor's possible argument that... View More
We are currently in a Chapter 7 in the state of AL we have lived her 1.5 years, and moved from CA, and other than providing the required information, our attorney barely communicates with us. I have sent her several emails with questions, and no response. We are in a very small town, and our law... View More
answered on Jan 27, 2023
In my PA district, around Philadelphia, the trustees send out a "no-asset" notice shortly after the 241/first meeting of creditors is completed. IOW, that's about a month or two after the case is filed.
Non-responsiveness of counsel, at least in the bankruptcy field, is not... View More
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