Bankruptcy Questions & Answers

Q: My husband and I bought a house with my mother. On all the paper work her name is first but it states we are equal owner

1 Answer | Asked in Real Estate Law and Bankruptcy for Indiana on
Answered on Mar 30, 2017

No, you will not likely lose the house unless it is subject to a mortgage that is in default, and bankruptcy is usually an event of default in mortgages (still the debt could be reaffirmed in the bankruptcy in order to keep the house, depending on several factors, including whose debt it is). But you could end up with a new co-tenant in place of your mother. The order of the names on the deed is not important; it's the nature of the co-ownership that counts, whether as joint tenants with...
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Q: Been served a general procedure claim of ~$28,000. I'm unemployed and can't afford installments. Do I defend the claim?

1 Answer | Asked in Car Accidents, Bankruptcy and Civil Litigation on
Answered on Mar 29, 2017

Not sure what the basis is. If you were on the job that insurance is involved. If it's a car and you had insurance that is involved. Then look at contacting a bankruptcy lawyer asap
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Q: I am considering bankruptcy, but I'm not sure if I qualify. I am currently 60 or more days past due on bills.

1 Answer | Asked in Bankruptcy for Mississippi on
Answered on Mar 29, 2017

You should contact a local bankruptcy attorney for a free consultation.
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Q: Tennessee a non community property state, can my home be taken if someone receives a huge judgement against me?

1 Answer | Asked in Real Estate Law, Bankruptcy and Personal Injury for Tennessee on
Answered on Mar 28, 2017

No, probably not, under your stated scenario, for three reasons: 1) you don't own the house; 2) in most states, homestead exemptions bar creditors from seizing a marital residence lived in by husband and wife (the "homestead") (unless it's a creditor granted a consensual lien on the homestead (your mortgage, for example)); and 3) even if they could foreclose a judgment lien against the house, their lien would be inferior to the lien of your mortgage, and there's no equity. It would be a good...
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Q: Can you file chapter 7 on federal income taxes

1 Answer | Asked in Bankruptcy for Kentucky on
Answered on Mar 28, 2017

Yes, there are very specific rules, but first and foremost, that you filed all returns timely and they were not fraudulent. You should contact a bankruptcy attorney to discuss your specific situation.
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Q: Monthly bankruptcy payment has increased. I make all payments per divorce decree. Am I alone responsible or is it shared

1 Answer | Asked in Bankruptcy for Florida on
Answered on Mar 28, 2017

By "bankruptcy payments", I assume you mean the payments provided for in your Chapter 13 plan.

If the divorce decree contemplated that these payments would change if either debtor's income increases, it would have so indicated.

But if the bankruptcy payments are not made, the bankruptcy will be dismissed and both of you will still owe the debts.
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Q: What can I do if my Bankruptcy Attorney missed two debts that were supposed to be included in my chapter 7?

1 Answer | Asked in Bankruptcy for Virginia on
Answered on Mar 28, 2017

Absolutely, send them a copy of your discharge. If your case was closed as a no asset chapter 7 then the debts were discharged even though they were not listed. Provided they are of the type that could be discharged. Send the creditors a copy of your discharge by certified mail. If that does not stop them from contacting you, have your attorney or hire another to send then a letter explaining they are violating the discharge injunction. You can search for an attorney using the Justia "Find...
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Q: heard after 3years I dont have to worry about my credit card debt. Heard just don't pay. What is best?

1 Answer | Asked in Bankruptcy and Collections for Maryland on
Answered on Mar 27, 2017

You should contact a local bankruptcy attorney and schedule a consultation before you make any payments on the two older debts. If the statute of limitations has run you will be in a stronger position to negotiate a settlement. If the statute of limitations has not run making a payment may alert the creditor to the deadline. Depending on the circumstances if you settle a debt for less than you owe the amount forgiven will have to counted as income. You can search for an attorney using the...
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Q: I am part of a non-profit that is facing bankruptcy but has a year left on a property lease. How should we proceed?

1 Answer | Asked in Bankruptcy, Contracts and Landlord - Tenant for Georgia on
Answered on Mar 26, 2017

Contracts including leases are stayed and ordinarily discharged in bankruptcy, so if you can afford the fees associated with bankruptxy dissolution or reorganization, the lease is no obstacle.
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Q: If a judgement of removal has been entered in against me will I still have time to stop it it by filing CH.13 bankruptcy

1 Answer | Asked in Bankruptcy for New Jersey on
Answered on Mar 26, 2017

There is no reason or benefit to filing a Chapter 13 Bankruptcy. However, you may get some additional time by filing a Chapter 7 Bankruptcy and you will need to eliminate financial liability for this and any other debts that you have. Trying to represent yourself in Bankruptcy is unwise to put it nicely. There are both Federal and Local Rules of Bankruptcy that must be complied with. It is not merely filling out forms. To properly answer your questions and address your concerns, the best way to...
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Q: After filing chapter 13 a repo man came to my door and demanded my vehicle. I saint I needed to talk to my atty. I tried

1 Answer | Asked in Libel & Slander, Personal Injury and Bankruptcy for Florida on
Answered on Mar 24, 2017

It depends upon whether this debt was listed in your bankruptcy filing. If so, yes, the bank can be sanctioned for which appears to be the so-called "automatic stay" provision of the Bankruptcy Code.

You should have notified the repo man that you have filed for bankruptcy and, if possible, given him a copy of the notice of case filing which is generated by the bankruptcy court.

What does your attorney say?
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Q: I was discharged from bankruptcy in May, 2016 and am still unable to get statements and access online for my mortgage.

1 Answer | Asked in Bankruptcy for Florida on
Answered on Mar 24, 2017

Since you are unable to get a 1098 form from your mortgage company, you can request the information from the IRS for free. The IRS keeps 1098 information received for your Social Security number and can send you a transcript that contains all the information you need to report the deduction. Download Form 4506-T from the IRS website to request your 1098. When you complete the form, check the box on line 8 and write the tax year for which you need the form on line 9. A mailing address and fax...
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Q: I received a mailed notice to appear at a hearing in Federal Court after the day of the hearing. Now what?

1 Answer | Asked in Bankruptcy on
Answered on Mar 24, 2017

The information you provided in your question does not allow for an answer. What type of hearing was held? The case is closed but was it closed with or without a discharge? Forward the notice to your company’s lawyer immediately. Before you take any action to collect from the debtor, speak to the lawyer. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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Q: A resident of Puerto Rico has filed bankruptcy and he owns a home in Florida. Can I buy that property in florida?

1 Answer | Asked in Bankruptcy for Florida on
Answered on Mar 23, 2017

Bankruptcy is federal law, applicable in all of the United States, including Florida and (I believe) Puerto Rico. Not that it matters, but you didn't indicate whether the bankruptcy is in PR, Florida, or elsewhere in the US.

The auction, from a mortgage or tax foreclosure I assume, would be automatically stayed by the filing of the bankruptcy petition. Assuming that there has been an order of the bankruptcy court granting relief from the automatic stay, the sale could take place....
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Q: I can no longer pay my debt. I owe roughly $7000 between 4 credit cards. I don't own any assets. Should I file Chapter 7

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Mar 23, 2017

Greetings!

Under your circumstances, filing for a bankruptcy discharge is a matter of your tolerance to the behavior of collectors. I expect debt collectors are calling you. Since you have no means to pay those debts, you should put in writing to each agency that you refuse to pay the debt. By law, they will no longer be able to contact you except under very limited circumstances. The other risk is being sued. Again, since you appear to have no resources from which you could be...
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Q: ?How can I stop An unlawful detainer

1 Answer | Asked in Bankruptcy and Landlord - Tenant for California on
Answered on Mar 22, 2017

See: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: my ex husband defaulted on a heloc loan on my property, nod issued, he is not returning phone calls, I need options plse

1 Answer | Asked in Real Estate Law, Bankruptcy and Foreclosure for California on
Answered on Mar 22, 2017

Did you two refinance the home so that only his name would be on the loan? If not, then you may have to file a cross-claim against him seeking indemnification if a lender sues you for a deficiency claim, see: http://www.nolo.com/legal-encyclopedia/deficiency-judgments-after-foreclosure-california.html. Otherwise, if you lose the home via foreclosure, and you're living there (and he's not), then you may have cause for a negligence suit against him. At least, you may be able to sue him for...
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Q: I filed a bankruptcy in 2014. A Creditor is coming after me for payment! What do I do?

1 Answer | Asked in Bankruptcy for California on
Answered on Mar 18, 2017

Did you notify the creditor that you filed bankruptcy? If not do so immediately. You can also send them a copy of your discharge. Trying to collect on a discharged debt is a violation of the discharge injunction. If they continue to contact you after you inform them of your bankruptcy, you should contact your attorney and review the creditor's actions. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page if you do not have an attorney.
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Q: Can I file for bankruptcy if I have a full-time job?

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Mar 18, 2017

Many people file bankruptcy and have full-time jobs. Which chapter of bankruptcy you are eligible to file and which chapter will help you achieve your goals are questions that require more information. Contact a local bankruptcy attorney and schedule a consultation. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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Q: My neighbor house burnt down 3 years ago, they will not tear the home down major health problem.

1 Answer | Asked in Bankruptcy, Contracts and Real Estate Law for Alabama on
Answered on Mar 18, 2017

You can sue the owner and claim that the property is a nuisance, so long as the property's current condition is creating actual harm to your adjoining parcel of land or the structures on it. You can also make a claim for any physical injuries and medical costs you have actually suffered as a direct and proximate result of the nuisance condition of the property. If it is simply an eyesore, your efforts are better spent at the local government level and through your local representative on...
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