Get free answers to your Bankruptcy legal questions from lawyers in your area.
I am 3 years into chapter 13 with 2 years left. My base plan is $22,000 which I’ve paid $12,000 $10,000 left. This is for secured creditors. Question is if I was to receive an inheritance for $50,000 for example, would trustee take $10,000 only? I have many unsecured creditors so would they take... View More 
answered on Dec 20, 2019
This is an extremely complicated question and one that should be reviewed as soon as possible with an experienced attorney who practices in the jurisdiction in which your case was filed. There is no generic answer to the question but the more promptly you review this with an attorney, the better... View More
I am 3 years into Chapter 13 case, 2 years left. My plan base shows as $22,000 so about $10,000 left to go for discharge. This amount is for secured creditors only, unsecured showing as not receiving much of anything. My father is ill so wondering how that works if I was to get inheritance? I have... View More
answered on Dec 19, 2019
I assume you do not have an attorney, but if you do you must contact them for guidance. Generally, in chapter 13, any inheritance goes to administrative claims, priority debts, creditors that filed proof of claims, then the debtor.
I hope this is helpful.
Note - if you do not... View More
Filed for chapter 7 in Dec 2018, was released pending taxes, receipt, filings from creditors, etc by trustee in april 2019. My wife had a car accident in March of 2019, and we are now being sued. Can this be included in the bankruptcy since we had not been release as of that date?
answered on Dec 16, 2019
No - when a bankruptcy is filed it includes the debts you owe on the day of filing, not future debts. You may qualify for a chapter 13, but you will not be able to get a discharge, so it is very important you talk to an experienced chapter 13 attorney to determine your rights.
I hope this... View More
I’m filing chapter 7 with no assets other than my truck. Will they let me reaffirm my Car Loan with negative equity, and keep my truck? Or will I have to give up my truck in order to keep my Car loan?
answered on Nov 26, 2019
You can use your exemptions to protect and keep the truck while reaffirming on the car debt (if you think that is wise). You can keep both.
answered on Oct 31, 2019
You must fill out more than 60 pages of information about what you owe, own, have done in the past, earn today, earned over the last 6 months, earn the last 60 days, earn the last 3 years, plus much, much more. If you want a free consultation then follow these directions:
I know this is a... View More
Married 12/26/17
Bankruptcy filed 12/03/18
Bankruptcy complete 3/19/19
answered on Sep 21, 2019
You should talk to your bankruptcy attorney because the answer depends on certain facts.
credit card debt. She will loose her home to the company they signed the reverse mortgage with. She will recieve $300k from a life insurance policy. Is there anyway for her to file bankruptcy to get rid of the unsecured debt and protect the life insurance money so she can survive financially?
answered on Sep 21, 2019
It depends on the type of life insurance. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I am attaching a link to some free videos that explain how bankruptcy works:... View More
We meet the means test. Just curious if thats an issue. Payment since then have been current through us.
answered on Jul 17, 2019
Expenses paid by others is "income" - but there are four places that income is addressed in a bankruptcy. Bankruptcy is a very complicated process (somewhat like a Rubik's cube - one answer changes others). Please take time to educate yourself about bankruptcy before jumping into... View More
Asking if it exempt when filling BK7
i walked away and the case was dismissed the first time. just after the dismissal i lost my job. after a month and a half, got a new job for much less money. I am filing again with the same lawyer (made payments until 100% paid), two hours before our signing meeting, her assistant called to say... View More
answered on May 21, 2019
No, you have a choice: Either stay with the one who brought you to the dance floor or go try to find another lawyer--who may not be as helpful as the first one.
Filed Chapter 7 on 3/20/18. It was finalized (discharged) July 2018. My trustee stated that I needed to give her my entire refund. Once she receives if than she would take portion of it from January to March and refund me back the rest of the amount. When I asked how much she would be taking she... View More
answered on Mar 22, 2019
Yes. You give her the refund, she withholds the proper portion, then sends you the balance and closes the estate. They don’t just tell you how much and hope that you pay them.
I am filing for bankruptcy the middle of March chapter 7 in Arizona. I am surrendering my current vehicle. My husband is filing also with me and he has a vehicle he is affirming. If I get a used car from a dealership right now, am I okay to do so?
answered on Feb 23, 2019
Yes, so long as you can exempt any equity in the used car bc you will still have to pay for and reaffirm that debt.
filed my 2018 tax return saying "you're low income and you have kids, so I know you'll get a big return." Is it left to the trustee's discretion whether he can take a portion of my return, or does a judge decide that? Would low income circumstances be relevant in whether... View More
answered on Feb 20, 2019
Unfortunately the trustee has an obligation to collect all non-exempt funds. The current Arizona law does not protect earned income credit or child care credit.
Most Arizona consumer bankruptcy attorneys give free consultations and this issue is discussed every time. This is why I... View More
I filed 2018 tax return and is expected February 27th, 2019. I’m not filing bankruptcy till Mid March. I was told that I need to spend all my refund on bills and nothing personal (vacation, furniture, clothes, etc.) Am I correct with this? Or am I still able to use my refund for other things than... View More
answered on Feb 9, 2019
You should consult your bankruptcy lawyer regarding how to handle the refunds but if you do spend them, you probably should use them to pay your ongoing monthly bills rather than on items that look like entertainment or waste.
In just one year of attending I have a $33,249.70 Student Account balance past due at Arizona State University. This is the amount owed to ASU after all Financial Aid payments ($23,000 of student loans) were applied and is growing with a $100 per month late fee. I am going to SCC for this spring... View More
answered on Jan 25, 2019
You need to consult a local bankruptcy attorney. Many student accounts are federally insured and your debt may be non-dischargeable as most student loans are. You need a lawyer to delve into this deeper and determine whether your debt is dischargeable!
returns that I file for in 2019? What would happen if I didn't pay them? I am considered a low-income family.
answered on Jan 12, 2019
It depends on the trustee. The trustee has a right to a portion of the 2018 refunds - depends on when you filed your case. For instance if you filed half way through 2018 then the trustee has a right to half of the federal and state refunds. If they requested a copy of your 2018 federal and... View More
I have found out about this lawsuit against myself only through receiving a letter from a local lawyer alerting me to this and offering a free consultation. Attached was a court code that let me validate this through an AZ court government lookup.
The plaintiff has not yet had any filings... View More
answered on Jan 7, 2019
You should consult an attorney regarding this debt. Nothing can happen unless you are served so time is on your side. Your attorney can then determine potential defenses or potential offensive maneuvers to try.
answered on Dec 7, 2018
A chapter 7 remains on credit report for 10 years from date of filing. Chapter 13 is on it for 7 years from date of filing
answered on Nov 16, 2018
Depending on the type of Bankruptcy filed, it could be 5 years or 8 years
answered on Oct 26, 2018
Depends on the chapter you file. Chapter 7 discharges most debts while chapter 13 is a repayment plan. See a bankruptcy lawyer near you and they can advise what would be best for you. Good luck!
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.
