Get free answers to your Bankruptcy legal questions from lawyers in your area.
Afford an attorney, can I get a loan to pay for an attorney for custody of my 3 year old child?
answered on May 10, 2018
You will need approval from the Court to incur that debt. However, if it is for a necessity and it isnt a tremendous loan amount, the Court may approve it.
I would rather file for chapter 7 bankruptcy. Then chapter 13.
answered on May 6, 2018
You need to have an experienced bankruptcy attorney look at your situation. If you have no assets or assets that do not need protecting, you should file a Chapter 7 and eliminate all your debt. If you have a home with some equity, you may have to file a 13.
in a suspense accounts because the company think it is part of the bankruptcy
answered on May 2, 2018
The lender will typically put your post-bankruptcy loan payments into a suspense account if they have filed Chapter 13 just prior to your making a late mortgage payment for the moth of filing. You or your attorney will need to contact the lender's attorney to decide whether the payment for... View More 
The previous 6 months income should not be a factor right? (Currently have a $3075 Chp 13 payment with current income.)
My mom filed the suit about my father and I received money because it went to his estate. I know I have to notify the court but I was wondering if I would have to give all of it to the bankruptcy even if it doesn’t pay it completely off
answered on Mar 13, 2018
that depends on your total debt and the amount creditors are going after, etc. there are several variables so it would be important to contact your bankruptcy atty to get the correct response considering your specific circumstances.
have left us financially strapped . Looking for option if we can’t turn our situation around . Even considering Ch 7or 13 As last option....
answered on Mar 8, 2018
Chapter 13 might be a good option for you. You can consolidate all your debts, including your truck, and have your payments lumped into one lower payment.
Is choosing to retire allowed as a reason to convert or is this considered the same as "quitting" in the eyes of the Bankruptcy court?
answered on Mar 8, 2018
Yes, if your income falls below the median income you could qualify for a 7. You need to talk to your lawyer b/c converting to a 7 can have a negative impact on your assets.
The divorce decree 20 yrs. ago, said He was awarded the home,and that I was released from all and any indebtedness due on the home. Now it has ruined my current credit, showing on my credit a 4 month late on mortgage, that I do not have. I did not know about the filing of bankruptcy that he... View More
answered on Mar 2, 2018
The question is a little confusing. Did your husband file for bankruptcy and discharge the home? If he didn't then the bankruptcy by itself is not hurting your credit rather his late/no payments is! Is he in a chapter 13 or chapter 7 bankruptcy? Regardless, this is a common problem with... View More
I filed bankruptcy in 2010 and the Morgan County court placed the business in Bankruptcy in 2011. I thought I had it worked out but went ahead and filed dissolution a couple of months ago. Now the state has notified me that I am libel for 2012, 2013, 2014, 2015 and 2016. I don't have the... View More
answered on Mar 2, 2018
If the S-corp filed for chapter 7 bankruptcy back in 2011. It, in essence, dissolves the company. I would contact the State of Alabama Dept of Revenue and provide them with paperwork that shows that the corporation filed for bankruptcy prior to those years and that it did not conduct any business... View More
Currently I have been out of work with health problems and wanted to know if I were able to file another chapter 7 for medical and credit card debt? Thank you
answered on Mar 2, 2018
you can file a chapter 7 every 8 years. You can file a chapter 13 bankruptcy right now and get a discharge of your debts as long as it has been over 4 years since you have filed your 7.
several months ago I obtained my 3 credit reports and had 70-90000 in medical debt. All of these are less than 5 years old so they would not have expired that way. On my credit report today, I only was reported as having 35,000 in medical debt. The largest bills were not indicated on the report. I... View More
answered on Mar 2, 2018
Not really sure how the accounting of a medical provider works. As you know insurance can pay for some things, the hospital can write some other things off. When you file chapter 7 bankruptcy, just list the medical providers that you used in the past to make sure. Good things about chapter 7... View More
answered on Mar 2, 2018
No it is not free from garnishment. If a creditor get a judgment against you, they can levy it from a bank account.
I am a creditor in a bankruptcy that was in 2011. I alerted the Bankruptcy Court of a fraudulent (preferential) transfer in the case. This man and his son were both convicted of securities fraud in my case. The Bankruptcy Court obtained a consent judgment against the debtor's sister because... View More
answered on Mar 2, 2018
Any debts obtained by fraud are NOT dischargeable in bankruptcy. Not that they're considered a priority debt, it's the nature of how the debt was incurred that makes it non dischargeable. Taxes, domestic support obligations, etc. are priority debts. You would have to file an AP and... View More
We received the release letter from the court that indicated the balance on the car account was $0. Why would a well-established major car credit company mail a clear title to a buyer if there was still a balance?
answered on Mar 2, 2018
I would assume that your wife filed the bankruptcy and you did not? If that is not the case, then you are not protected from this creditor when your wife received her discharge order. I believe that they are attempting to come after you for interest not paid on the account during the 5 year... View More
It's solely in my ex wife's name but I am ordered to pay mortgage. I am on disability and can't afford to pay the martial home mortgage and my current mortgage. Can I file bankruptcy on a order? This order puts me over budget per month around 1000$.
answered on Mar 2, 2018
This is a complex case with many factors. This debt may or may not be in the nature of a domestic support obligation. Generally, DSO are not dischargeable in a bankruptcy. There are factors that will determine it like how the income between you and your ex, children together, etc. I would... View More
answered on Mar 2, 2018
Absolutely! If she has no assets and is not over the median income, she can file chapter 7 and wipe out all her debts. She would probably be a good candidate for it!!!
A lawsuit by a creditor is being filed against me for nonpayment. I leased equipment and it was tore up when I received it. The creditor didn’t want the equipment back and insisted I pay. Well I can’t pay the lump sum they’re asking as my family and I are basically homeless at the moment... View More
answered on Mar 2, 2018
Unfortunately, once a lawsuit is filed, your options are limited. You can settle the debt by making an offer to pay for less than the amount owed and dismissing the case. You can offer to make monthly payments on the debt. Once this lawsuit goes to judgment, then you will be at the mercy of the... View More
Before my husband and I separated, we had to replace the septic system at our home. His credit was not good enough to finance it, so I had to. In our separation agreement, he agreed to pay the debt. He has recently decided to file bankruptcy and is wondering if he can include that since he... View More
answered on Mar 2, 2018
Yes, he can include the debt in his bankruptcy. If he is filing a chapter 13 bankruptcy, he may end up paying for the debt thought his chapter 13 plan. If a chapter 7, he may reaffirm (i.e. assume) the debt and continue paying for it. Either way, if his bankruptcy does not provide payment or he... View More
I owe the money to a bank but it is not the bank that my income goes into.
answered on Mar 2, 2018
First, the company has to file a lawsuit against you, then a judgment is then rendered against you (if no defense is raised). Having said all that assuming there is a judgment, they CANNOT levy your social security income! They MAY be able to levy your retirement income if it comes from a private... View More
What kind of bankruptcy should be filed if so?
answered on Feb 17, 2018
You can just file on the house debt. You must include all of your debts
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