It was a chapter 7. I see the provision for chapter 13 where it says the stimulus would go to the debtor but is there something for chapter 7 as well. stimulus is considered to be part of my bankruptcy estate. So I'm reading it can be taken by the trustee to satisfy creditor debts. My question is... Read more »
There are a few provisions under the cares act for chap 13 but I don't read anything for chap 7 saying that the stimulus is safe from the trustee. Is there something that specifically says I will get to keep the stimulus so I can cite it if the trustee brings it up. When I filed I had 3100 in my... Read more »
My Ch. 13 was filed and approved in the summer of 2017, so I am halfway through it. If I get a raise or a better-paying job now, does whatever additional income I get just go to paying a higher amount each month to the plan? Will I have to file a new budget and get a new approval from the court?... Read more »
Generally, a debtor does have to report and update their bankruptcy papers if they start receiving more income. This increased income may or may not increase your plan payments. It may depend on the type of chapter 13 case you are in and if your expenses changed.
The CARES act seems to be very clear that the Stimulus money cannot be used as "income" when FILING bankruptcy or when CONFIRMING the chapter 13 plan. The language isn't quite as clear for people currently in a confirmed Chapter 13 plan. Will I be able to keep the stimulus money or will the... Read more »
Hi there. Lots of people asking that question today! The CARES Act amended the Bankruptcy Code to exclude the stimulus payments from the definition of "current monthly income," meaning that if you can show that the funds come from the stimulus payment, they should be treated the same as Social...Read more »
My case was confirmed in 2019 and my attorney couldn’t give a solid answer on this. From my research it looks like it exempt from being taken like your tax returns. Please someone help because I’m not sure what to do once I get the deposit
I'm in chapter 7. I have an invalid judgment lien. Can I file a motion to avoid, and then subsequently initiate an adversary proceeding to have the judgment removed? In other words, by seeking to avoid, am I somehow giving credibility to the judgment's validity or creating an estoppel on having it... Read more »
I own two home. One I use as a rental property for income and it is my only source of income. I also own a house with my husband that we live in. Can I keep both? Not a joint filing, only me. My name is on the mortgage for one house and his on the mortgage for the other. But both of our names are... Read more »
I received a pre discharge notice regarding my Chapter 13 bankruptcy case and it spoke about the form listed above. Is this something I have to complete or is it not required? I don't want to miss anything that could prevent my case from discharging. I pulled up the dorm and it does not have... Read more »
I'm confused because I never discussed bankruptcy and never filed for bankruptcy I don't understand why that would be the data source so I'm trying to find out if I do actually have some kind of warrant out that's legitimate
I just want to know if I do have to pay the amount it’s worth if I have a time limit to pay or it I’ll have a payment plan? I need to surrender my taxes and come up with 6k and I don’t have the money for that so I need to know if I need to change to chapter 13 or cancel my bankruptcy
These questions are very case specific and should be answered by your bankruptcy attorney. If you are not the owner and it belongs to someone else. You should not have to pay. You should however, amend your schedules to add it, claim an exemption for it, and be prepared to didcusd it with the...Read more »
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