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The trustee makes my mortgage payment so I am not late with the current payment. The mortgage company states they report what the account was the day I filed. I filed 2 years ago and they just started reporting this in December 2017.
answered on May 2, 2018
Challenge it on your credit reports. If they can’t substantiate it, it should be removed.
We told him to we new nothing about how they work but I told him I did not want to lose my home and would be making payments on time and faithfully. We Gave our lawyer all debt secured and unsecured. We set up a payment plan paid all our payments on time and received a discharge. For the past 2... View More 
answered on Apr 27, 2018
Was the debt for the 25k lien on your home given to the lawyer when you gave him the rest of the secured and unsecured debts? If so, he’s on the hook for resolving the 25k lien or having his malpractice carrier resolve it for him.
Own 2 homes and my current attorney said nothing he can do to lower 1150 mo payment because I own 2 homes. I make 32k now vs the 63k I was brought in on plan. I don't even make enough to cover my mortgage and the payment to trustee any longer please help I don't want to lose my homes.
answered on Apr 25, 2018
You can try and rework the Ch 13 plan but you may have to convert to a chapter 7 and let one of the homes go. Get a second opinion from another bankruptcy attorney before you do anything. Then you’ll have a better idea of what your options are.
answered on Apr 23, 2018
Chapter 7 can theoretically wipe out all debt through liquidation. Chapter 13 is individual reorganization and generally contemplated st least a partial repayment of the debt.
A creditor that is included in my bankruptcy petition has filed a civil complaint in justice court. I spoke with them today, they admitted they received notice of the bankruptcy last month (February 2018) but still filed the complaint in justice court this month and we were served with the... View More
answered on Mar 23, 2018
Yes, you should see a bankruptcy lawyer as this sounds like a violation of the automatic stay. You may be entitled to damages that could include attorney fees. Hope it works out. Good luck!
California will take about half of my tax refund for arrears in child support, will the trustee accept that or can he ask the state for it back?
answered on Mar 13, 2018
As long as you don't receive the tax refund (money in hand) and it is directly sent to the State of California by the IRS or the Department of Revenue, then the Trustee should not ask you to turn over those funds. The Trustee could request the funds back from the State directly, but it is... View More
Can he ask for our 2016 tax refund or only our 2017 tax refund? and if so, is any of it exempt under Arizona bankruptcy laws, our refunds include EIC and child tax credits. Thanks
answered on Mar 13, 2018
If you filed your bankruptcy petition in 2018, the bankruptcy estate is only entitled to your 2017 tax refund, as long as your 2016 tax refund that you received in 2017 was already spent and it was spent on reasonable and necessary items. The trustee may ask you how your 2016 tax refund was spent... View More
hearing was vacated, so the reaffirmation agreement was never signed by our attorney or a judge, months later we found that we could not afford the car and our attorney advised cause we listed the car on the bankruptcy and the reaffirmation agreement was never signed by anyone that we could give it... View More
answered on Mar 6, 2018
As long as you received your bankruptcy discharge, the vehicle lender was notified of the bankruptcy, and the reaffirmation agreement was not approved by the Court, then the vehicle lender should not be able to continue collection efforts from you. Since there are several details to look at, I... View More
Trustee is asking about real estate transactions for the past ten years, our last home was sold 08/2014, we filed chapter 7, 02/16/2018. We didn’t have the debt we do now that forced us to file chapter 7 at that time. Can the trustee try to reverse that sale to get the money? We are currently... View More
answered on Mar 5, 2018
The Trustee is looking into real estate transactions to find out if there are any funds available for your creditors from the sale. He/she will probably want to know what the proceeds from the sale were and how/when they were spent. Since your sale was four years ago, you probably won't have... View More
What issues have i caused waiting this long? I thought it didnt have to be reported because it was disability money
answered on Mar 2, 2018
All income sources must be reported in bankruptcy, even if they are considered to be non-current monthly income. A federal exemption provides the debtor with the right to receive a veteran's benefit, but this exemption does not eliminate the debtor's obligation to report it for income and... View More
I had work and was laid off....now I'm having difficulty getting work- job market is poor here....However, jobs in neighboring states seem plentiful...
answered on Feb 8, 2018
Typically, you are able to seek employment in another state and move to the other state during a bankruptcy, but you are required to stay current on your plan payments and keep the Court and the Trustee updated as to your home address and change in circumstances. You should also speak with an... View More
answered on Feb 1, 2018
There are numerous factors that should be analyzed in determining whether you should file a Chapter 7 or a Chapter 13 bankruptcy. Most people will file a Chapter 7 bankruptcy, as long as they qualify for it. However, there may be situations where even if you qualify for a Chapter 7 bankruptcy, a... View More
Can we pay current bills with it? or are we required to turn it all over? Can we pay bills and submit the balance...please advise.
answered on Jan 31, 2018
Generally, the inheritance will be property of the bankruptcy estate. If you have a lawyer you need to talk with them about what your local court does in these cases. It probably depends on how much you are talking about. If you do not have an attorney I would suggest you call the trustee and ask... View More
If I owe my child's father lawyers fees from family court can those be written off in a bankruptcy?
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answered on Dec 28, 2017
The obligation to pay the other party's legal fees related to a divorce case may be seen as a type of family support obligation. You are freeing up the father's income by taking over his obligation. It is an indirect form of family support. The same is true for any other debts you were... View More
I received a wage garnishment on my paycheck this pay period and I didn’t receive any notification that my wages were going to be garnished. I don’t know what company is garnishing my wages and I have a chapter 7 bankruptcy currently in place. All creditors should be listed under the... View More
answered on Dec 20, 2017
Your employer should have provided you with a copy of their Answer to the writ of garnishment, but you should have also received a copy of the writ of garnishment and notice from the creditor in the mail, typically to the last address they would have on file for you. Unfortunately, it is common... View More
answered on Dec 12, 2017
You can file a Chapter 13 Bankruptcy and not lose your home or your current loan. In many cases, Chapter 13 bankruptcies are filed for the purpose of saving a home from foreclosure. In order to protect your home, it is strongly recommended that you hire a bankruptcy attorney to assist you with... View More
answered on Oct 25, 2017
You can file a chapter 13 now, but not be eligible for a discharge, but you can reorganize your debts now
I have a suv and it’s under my mother and myself, how can I do it to keep the suv ( she is going to apply for bankruptcy also) help!!!
answered on Oct 16, 2017
You should have no problem as the SSDI will qualify for payments to be made under a reaffirmation for the vehicle.
We filed chapter 7 in the summer of 2006 and reaffirmed our car loan and manufactured home loan. It has come to our attention that our mortgage was discharged in July of 2006 and has now fallen off of our credit report as of July 2013. (Shame on us for not keeping a closer eye!) We have been paying... View More
answered on Oct 8, 2017
You need to contact your bankruptcy attorney before you do anything. Just because a debt does not appear on your credit does not mean you do not owe it.
If you reaffirmed the loan on your manufactured home loan, you are responsible for making the payments. It may be that the mortgage... View More
answered on Oct 4, 2017
When you file for bankruptcy, an automatic "stay" gets put in place that prevents any creditor from taking any action to collect against you. (Note that there are a number of circumstances that prevent the automatic stay from taking effect, most notably with prior bankruptcy filings.)... View More
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