Get free answers to your Bankruptcy legal questions from lawyers in your area.
answered on Jul 21, 2015
You can file bankruptcy in any state, but best to consult first with a bankruptcy lawyer.
answered on Jun 30, 2015
A default judgment is entered when someone fails to respond as required to a lawsuit or legal proceeding. In simple terms, it means that the case was decided against the party who failed to respond without a trial or hearing, based on the fact that that party did not take the action required of... View More
The reason we want to sell the house is because we're filing for divorce and want to sell the marital home. We are not in a position where we have to sell, but would like to know if the equity is protected. "
answered on Jun 27, 2015
Selling a home shortly before bankruptcy could easily mean converting an exempt asset (the value in your home, or part of it) to a non-exempt asset that the trustee could claim for distribution to your creditors. Arizona has a large homestead exemption, so the risk could be substantial.... View More
answered on Jun 19, 2015
Yes, you must list all assets and all debts in the bankruptcy schedules. However, you must continue to pay the mortgage loan if you want to retain the home.
Can bankruptcy take my settlement funds. I filed bankruptcy in 2011
answered on May 26, 2015
The answer to your question depends on a variety of factors, and you would be wise to speak with the attorney who handled your bankruptcy or another bankruptcy attorney about your specific circumstances. In general, money received years after a Chapter 7 bankruptcy has been discharged does not... View More
answered on Aug 1, 2013
You can actually view them at the public access computers at the clerk's office if that's convenient. You can also go online to the Public Access to Court Electronic Records site: http://pacer.uscourts.gov and lookup the information, or you can call 1-866-222-8029. Information about the... View More
answered on Jun 19, 2013
It means that the bankruptcy plan for the Chapter 13 has been confirmed. There are several effects of having your plan confirmed. This means that the debtor (in this case you) and all of your creditors are now bound to your bankruptcy plan. In order to receive a discharge the debtor must perform... View More
answered on Jun 17, 2013
No, you can file without an attorney; however, I would recommend you hire an attorney. An attorney can help you maximize your exempt property, make sure you file for the correct chapter of bankruptcy, and can help insure the proper paperwork is filed.
answered on Jun 17, 2013
You can use the public access to court electronic records to see if they have filed for bankruptcy. https://pacer.login.uscourts.gov/cgi-bin/login.pl?appurl=https://pcl.usc...
If they have listed you as a creditor then the trustee would provide you with notice.
answered on Apr 10, 2013
That depends on many things. If they file for chapter 7 and there are no assets available for distribution to creditors the answer is no unless you can file and prove fraud or discharge as to you falls under a category of exceptions to discharge.
answered on Apr 10, 2013
This question is too broad to answer on this forum. My only suggestion is to go to your local bankruptcy court's website and see what they have there to help self represented parties. As a bankruptcy attorney, knowing how many things can go wrong in a case, I don't recommend filing your... View More
answered on Apr 10, 2013
Strange question. Overpayment suggests not a debt but a credit. Debts are dischargeable. Credits are an asset.
answered on Apr 10, 2013
All debts you owe must be listed in the bankruptcy. Perhaps you mean something different by the word "included"? In order to receive dischage in your chapter 13 case you would need to get the case confirmed, complete all the plan payments for period of 3-5 years depending on whether you... View More
answered on Sep 5, 2012
Not automatically and not if it is related to the property (i.e. mortgage/mechanic lien). A Motion based upon 11 USC 522(f) is required.
answered on May 30, 2012
If this is a new case, the projected Discharge Date is approx. a week after the initial objection deadline. If the Discharge has already been entered, the date is on the Discharge itself. In either situation, the info can be obtained from reviewing pleading on PACER. This is a Free governmental... View More
answered on May 30, 2012
Unless the loans are cross collateralized, which is common with credit unions, but not with banks, you should not have a problem.
answered on May 15, 2012
Bankruptcy is a complicated matter involving State Laws and Federal Procedures. As a natural person, verses a business entity, you are permitted to represent yourself. Some people have successfully represented themselves in Chapter 7 cases; however, a Chapter 13 is even more complicated. I would... View More
answered on May 15, 2012
If you are keeping the property and did a 13, you can strip it and you would not owe it, alternately you will owe it. If you are doing a 7 and Reaffirming/keeping property, you owe it. If you are doing a 13 or 7 and not reaffirming, you do not owe it. Regardless of chapter, you must disclose all... View More
answered on May 15, 2012
If your friend does not Reaffirm the Debt and continue payments, the bike will be repoed, sold and they will come after you for the deficiency. Plus, you will have a repo on your credit report. If you can, you can take over the payments, but I would suggest you take possession of the bike.
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