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
Can I still file and put the auto loan in chapter 13 without my spouse having to file?
answered on Jun 20, 2022
Sure you can. And in a Chapter 13, there is a "co-debtor stay", so while you are in your Ch. 13, creditors are stayed from attempting to pursue the debt against both you and your spouse.
By the way, when you file a bankruptcy case, you must disclose ALL your debts, as well as all... View More
I want to start rebuilding my credit eventually, if I am able to open one whats the process like?
answered on May 1, 2022
Section 364 of the Bankruptcy Code provides for obtaining credit while in bankruptcy. While the statute speaks of a "trustee", that term includes a debtor in possession, which is what a Ch. 13 debtor is.
Section 364 authorizes obtaining unsecured credit "in the ordinary... View More
Step mother now pushing breach of contract also we are in bankruptcy.
answered on Mar 29, 2023
Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.
Would be auctioned. I never received a letter stating when and where my car was to be auctioned at. The next letter I received stated that my car had been sold and that I owe 6,911. Per their contract, I wasn't properly notified. What can I do about this?
answered on Jan 22, 2023
Hire a civil lawyer to sue the car seller and seek damages for their breach of sale requirements.
answered on Sep 28, 2022
You’ll need to file a motion with the court and get permission first.
answered on Sep 26, 2022
I’m not sure what AfterPay is, but anytime you need to incur debt while you’re in an active Chapter 13 case, such as for a replacement vehicle or an emergency for an air conditioner, you’ll need to contact your Attorney and have him file a Motion to Incur Debt, which need to be approved by... View More
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