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4 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: Should I keep paying off my debt slowly, or is it better to consider bankruptcy as an option?

Hello, thank you for taking the time to read this. I have been struggling with over $100,000 in debt from student loans, a car loan, and credit cards over the past five years. My credit score dropped from 760 to 548 in one year, leading me to consider bankruptcy in 2022. However, after consulting a... View More

Carl Nelson
Carl Nelson
answered on Nov 24, 2024

You made the right decision by consulting with an attorney; this forum would not be a substitute for that type of in-depth consultation. If you are not confident in the advice you were given, you could reach out to another attorney for a second opinion. Unless you have precisely the same financial... View More

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4 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: Should I keep paying off my debt slowly, or is it better to consider bankruptcy as an option?

Hello, thank you for taking the time to read this. I have been struggling with over $100,000 in debt from student loans, a car loan, and credit cards over the past five years. My credit score dropped from 760 to 548 in one year, leading me to consider bankruptcy in 2022. However, after consulting a... View More

Carl  Cottone
Carl Cottone
answered on Nov 25, 2024

I'm guessing that the attorney with whom you consulted in 2022 was not a bankruptcy attorney; maybe I'm wrong, but that doesn't matter. Your statement that you are struggling with $100,000 of debt does not indicate how much of that debt is unsecured debt, which is the linchpin here.... View More

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2 Answers | Asked in Bankruptcy for Ohio on
Q: Can I pause my installment agreement to pay for my chapter 13 bankruptcy
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 23, 2024

An "installment agreement" for what? Youe house, a car, a debt consolidation program?

There are various ways to pay for a Ch. 13 bankruptcy, but to answer your question reliably, a practitioner will need your fully detailed financial situation.

Confer with an experienced...
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3 Answers | Asked in Bankruptcy for North Carolina on
Q: My husband died. I can't afford the home, boat and camper that is in our names. How do I liquidate? File bankruptcy?
Damon Duncan
Damon Duncan
answered on Nov 15, 2024

You could possibly file a bankruptcy, allowing you to surrender the property and liquidate any of the loans that remain on the property. It would also wipe out credit cards, medical bills, and personal loans. However, there are a lot of moving parts so you would want to talk with someone to discuss... View More

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3 Answers | Asked in Bankruptcy for North Carolina on
Q: My husband died. I can't afford the home, boat and camper that is in our names. How do I liquidate? File bankruptcy?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 15, 2024

Filing for bankruptcy relief is a serious matter, determined by consideration of all your assets and debt, and your income and future plans.

In PA, you can put house, camper and boat solely in your name by filing a Certificate of Death, way cheaper than filing for bankruptcy. Once in your...
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4 Answers | Asked in Bankruptcy for New York on
Q: I've paid 13 months on a chapter 13 bankruptcy so far. I am really struggling to make the payments.

My income consists mainly of Social Security a small New York state pension and I work part-time for 3 months out of the year doing income taxes. I don't understand why my lawyer put me in this chapter 13. Trying the best I can and I'm running out of money

Jonathan David Warner
Jonathan David Warner
answered on Nov 14, 2024

There are a few potential reasons for your being in a Chapter 13, but the ones that I can come up with are:

1. You've filed for Chapter 7 within the last 8 years and your only option for bankruptcy is to file under Chapter 13; or

2. You could not afford to pay an attorney fee...
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4 Answers | Asked in Bankruptcy for New York on
Q: I've paid 13 months on a chapter 13 bankruptcy so far. I am really struggling to make the payments.

My income consists mainly of Social Security a small New York state pension and I work part-time for 3 months out of the year doing income taxes. I don't understand why my lawyer put me in this chapter 13. Trying the best I can and I'm running out of money

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 14, 2024

The most common reasons a person files under Chapter 13 is either they earn too much and therefore are ineligible under Chapter 7 or they are in arrears on their mortgage. If your earnings are below the mean test threshold then it may mean you are behind on your mortgage and want to keep your... View More

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2 Answers | Asked in Bankruptcy for Louisiana on
Q: If my Chapter 13 payment increases, where does that extra money go if I have a set amount to pay off in 5 years?

My debt owed was $30,000. I got put in a 5 year plan at $500 a month. So if my payment were to go up, that means the amount I paid in total would be over the $30,000 I was set to originally pay. My lawyer never could answer that for me. I was also told it couldn’t be paid off early.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 13, 2024

YOU, as a Ch. 13 debtor, propose a Plan. So you didn't "get put into" any Plan.

If your Plan deals with secured creditors with perfected liens on property you retain, "extra" money may pay accruing interest on those claims.

And "extra" money may...
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3 Answers | Asked in Bankruptcy for New Jersey on
Q: How do I amend a proof of claim in Bankruptcy Court for the District of NJ?

I received a letter from the lawyers for the trustee stating that I need to amend my proof of claim to remove PTO time from the claim. I’m owed my final week’s pay.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024

On the Court form for a proof of claim, there is a box to check if it is an amended proof of claim. Fill it out, check the box and file it with the Court like you filed the original proof of claim. The amended claim should state the changed facts. When it is filed, it will automatically supersede... View More

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2 Answers | Asked in Bankruptcy for Florida on
Q: Can lawsuit compensation be used to pay off bankruptcy debt?

My elderly father passed away in a nursing home due to neglect. I filed a lawsuit against the nursing home. It is still pending, and could take up to two years to resolve. If I file for bankruptcy now and win the lawsuit in a year or two. and receive compensation, would I be required to pay off the... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 27, 2024

The Official Bankruptcy Forms you are required to file whether you choose a Chapter 7 or 13 case require you to disclose your lawsuit and put an estimated value on it.

The suit will be treated as an asset of the bankruptcy estate and the bankruptcy trustee may become a replacement plaintiff...
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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Indiana on
Q: If you got a ppp loan ad the government is now coming to collect should you turn yourself in or can you contact someone

make arrangements to pay?

Jonathan David Warner
Jonathan David Warner
answered on Oct 26, 2024

If you obtained a PPP loan and the government is looking to be paid back, then one of two things happened: (a) you did not apply for PPP Loan Forgiveness or (b) the government thinks that the loan was wrongfully obtained. It could also be that this is an EIDL Loan, as opposed to one that was... View More

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: A constable has stop by my house twice while I, was out ,I have not been arrested what can he want?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2024

The Constable is coming to serve you with legal pleadings of some type. You are not going to be arrested. You need to retain an experienced civil litigation attorney to protect your rights. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a... View More

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2 Answers | Asked in Bankruptcy for Florida on
Q: A friend owes $30,000 (I have IOU) claimed bankruptcy in 2016 then made a few payments 2023 can I sue for remaining?

I have signed IOU and texts of her stating that she felt ethically and morally obligated to pay me back even thought she claimed bankruptcy. I have a letter stating her bankruptcy was dismissed but she had one says it was granted I don’t know if I can sue for remaining debt since she opened the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2024

Check to see whether her bankruptcy case was dismissed or whether her debts were discharged. Check at https://pacer.login.uscourts.gov/csologin/login.jsf

If your claim was listed, and if her debts were discharged, no, you can't sue her. Her statements that "she felt ethically...
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2 Answers | Asked in Bankruptcy and Collections for Ohio on
Q: Can a creditor garnish my SSI/bank account if that is my only income?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 23, 2024

A creditor may issue a garnishment to your depositary institution, which puts a (bank) hold on your account, but it is on you to file a prompt Objection (in PA, your Objection is filed with the issuing Sheriff, and must be filed in ten days from date of garnishment summons). And your bank... View More

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: 20k CC debt , home free and clear ( no mortgage) I have to put as an asset( tax value 289k) can I file Chp 7 ?

Can I file 7 without house being jeopardized with liens or anything?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

No, your house will be taken by the Trustee and sold to pay your debts if you file Chapter 7. You can only exempt (protect from creditors) anywhere from $35,000.00 to $60,000.00 of equity in your home. PLEASE do not try and file bankruptcy without an attorney! This is a good example of how doing so... View More

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4 Answers | Asked in Bankruptcy for North Carolina on
Q: I am not married , I have 20k in credit card debt. I own my car ( value of car is less than 5k) I am on the deed

I am on the deed to home/property in which is owned free and clear was purchased with cash by him . Can I file for my debt without it affecting house / deed ?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

NO. Your half of the home is an asset. You need advice from a qualified North Carolina licensed attorney. Please have a personal consultation with one. Many offer free consultations. Out of state lawyers are trying to be helpful by copying and pasting our exemption statutes here on this general... View More

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3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: what should be done to avoid criminal proceedings or any other proceeding for credit debt default judgement ?

Credit card maxed out by doing balance transfer amount is 4000$

I was using the same credit card for 3 years in the past

I have moved out of USA as wife lost job

Warrant in debt filed after 3 years I left the country

Hearing happened the same year but I was not in... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More

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3 Answers | Asked in Bankruptcy, Child Support and Family Law for Alaska on
Q: Can an adversary action be filed during chapter 7 bankruptcy to discharge child support arrears? All kids 19 and over.

Its all back support and compounded interest. My youngest is 19 or 20. The mother of children did not live with the kids, they lived with there grandparents who are deceased now.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 11, 2024

In this rare instance, I disagree with my colleague.

Many bankruptcy courts have held that support obligations are exclusively the province of the State domestic relations court and consequently decline to exercise jurisdiction over support payments.

Moreover, it is often held...
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2 Answers | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: I paid in full for a chapter 7, the attorney appointed to me did not file in a timely manner

After the attorney was appointed to me, I hired him as my divorce lawyer. At the time of final payment for bankruptcy he had all my current financial info. He did not file in a timely manner and has yet to honestly or validly explain why he did not file as soon as my last payment was made which... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 8, 2024

The question raises several interesting points:

1. What were the circumstances involving an attorney being appointed to represent you in a bankruptcy case? Normally you would retain a bankruptcy attorney, not have one "appointed" to represent you.

2. You say the...
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3 Answers | Asked in Bankruptcy, Criminal Law, Products Liability and Civil Litigation for Colorado on
Q: 85 member that is looking for pricing for a civil service. We are the old customer's of holy ground real estate

The builder matt sowash has filed chapter 7 , we as a group are wondering the process to sue for the money for the home..

John Cimino
PREMIUM
John Cimino
answered on Oct 8, 2024

First, it is unfortunate that people like this debtor rip consumers off. I had a sinilar case where the homebuilder stole my client's money and went to prison. Regarding Holy Ground, I doubt that your contract with Mr. Sowash included his personal guarantee. We need to check. Second, if he... View More

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