Bankruptcy Questions & Answers

Q: Are there attorneys that handle a Chapter 7 bankruptcy?

4 Answers | Asked in Bankruptcy for California on
Answered on Dec 11, 2017

You need an attorney in your area (San Diego). I suggest checking this site for San Diego attorneys or online.
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Q: Can I get Navient student loans forgiven if I am homeless & was not able to work in the industry i went to school for?

1 Answer | Asked in Education Law and Bankruptcy for California on
Answered on Dec 11, 2017

The short answer is that you cannot automatically discharge your old student loan*. However, you may discharge it, if you successfully sue the lender in bk court on the grounds of "undue hardship."

I recommend that you do some simple research yourself on the subject of a bankruptcy "undue hardship" discharge of student loans, and see if you think you have a case.

If you think so, submit a new question with the details of why you think you might be able to qualify for the "undue...
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Q: Need to file bankruptcy My parents house is under my name but it's not mine.

4 Answers | Asked in Bankruptcy for California on
Answered on Dec 11, 2017

I'm not surprised by the reaction of the other lawyer. I almost didn't even want to post an answer.

The problem here is whether or not the transfer of the house is a fraudulent transfer. You say it's not your house, and it never was your house. However, the use of your credit and "first time buyer" status made it possible for the home to be purchased. And, the transfer from you to your parents gave them a $250k windfall! I assume your parents couldn't get their own financing. Who...
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Q: I received a request for Services of Notices to add Attorney to Master List Chapter 7. Do I add them or the Court

1 Answer | Asked in Bankruptcy for New Jersey on
Answered on Dec 11, 2017

If you are represented by Counsel, they will. If you are not (therefore, you are Pro Se), then you have to.
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Q: I filed a chapter 7 and do not want to keep the home. Was I suppose to include the Foreclosure Court on mailing matrix?

3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Answered on Dec 11, 2017

You were not supposed to include the court. You were supposed to include the bank's lawyer in the case. Send the Notice of Filing to them as you proposed. The matter should be stayed until your case is over.
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Q: I need a Pro Bono Bankrupty Attorney

1 Answer | Asked in Bankruptcy and Foreclosure for New Jersey on
Answered on Dec 11, 2017

Contact the Bankruptcy Court. they can give you Pro Bono hotline
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Q: I filed for Chapter 7. Why does the court not know this

1 Answer | Asked in Bankruptcy for New Jersey on
Answered on Dec 11, 2017

If you filed in a Bankruptcy Court in New Jersey, and you have a State Court matter, you need to give the information to the State Court. If you a talking about a Bankruptcy Court not knowing you filed, then that it a different story. Unless you have a case #, then you may not have filed
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Q: I'm on ss disability, I took out a signature loan. bankruptcy or singe off?

1 Answer | Asked in Bankruptcy for Maine on
Answered on Dec 10, 2017

Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or another legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child...
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Q: I'm a single mother going to school to finish a nursing program. I have 30000+ in studLdebt. Can I prove unude hardship?

3 Answers | Asked in Bankruptcy, Consumer Law, Civil Rights and Education Law for California on
Answered on Dec 10, 2017

Incorrect information about your college enrollment status can cost you warns the Consumer Financial Protection Bureau. In a Consumer Advisory published February 2017, the CFPB outlined the ways the bad information about enrollment status can wreak havoc for student borrowers. The sale of your loans would not have caused a default. If you are in repayment status and have not made a payment in 270 days is what triggers a default. If you default on a federal student loan, you lose eligibility to...
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Q: I have recently been filling job applications on indeed. After awhile I was emailed by a guy named Keith for a job

1 Answer | Asked in Intellectual Property, Bankruptcy, Employment Law and Workers' Compensation for Georgia on
Answered on Dec 10, 2017

In short, you have been cheated both by cyber as well as banking law. Immediately report the matter to your local police post with all details so that guy does not cheat more persons with much more money.

Then consult Attorney of your local jurisdiction and explain the whole story with hard copies for specific assistance.
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Q: Do I have to / should I stop paying on credit cards debts before I can file for bankruptcy?

2 Answers | Asked in Bankruptcy for Michigan on
Answered on Dec 9, 2017

If you are absolutely sure you qualify for a bankruptcy then stop paying and save your money to hire a good bankruptcy attorney.
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Q: I gave my car to sell at a dealership under consignment they told me they sold my car after they filed chapter 11. Do I

1 Answer | Asked in Bankruptcy for Florida on
Answered on Dec 9, 2017

If you owe on a car loan you are still obligated to pay.

But the dealership's liability to you is another matter. You should consult with an attorney who is knowledgeable in bankruptcy to determine what rights you may have.
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Q: I went through chapter 7 bankruptcy and kept my car. Why does my credit report say closed account do I have to pay on it

2 Answers | Asked in Bankruptcy for Michigan on
Answered on Dec 8, 2017

Did you sign a reaffirmation agreement and was it filed? If so then you can keep the car as long as you keep current on the payments.

If you didn’t sign a reaff then the lender will probably repo it if you stop paying.

You probably didn’t sign/file a reaff. That would explain the credit report entry.
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Q: What is taken into consideration for including student loans in bankruptcy.... trying to figure if I have a good chance

1 Answer | Asked in Bankruptcy for Michigan on
Answered on Dec 8, 2017

The bankruptcy court uses something called the Brunner test. (Named after the definitive case.)

The bankruptcy court looks at the following three factors to determine if repayment of your student loans would cause an undue hardship, thereby justifying discharge of some or all of your student loan debt through bankruptcy.

1 - Based upon your current income and expenses, you cannot maintain a minimal standard of living for yourself and your dependents if you are forced to repay...
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Q: If I file for bankruptcy alone, will it affect my husbands credit or our home?

1 Answer | Asked in Bankruptcy for Michigan on
Answered on Dec 8, 2017

It won't affect his credit score. As long as the mortgage payments are kept current there is no issue with you home. Note that even if he did file there is no issue with the house as long as the mortgage payments are kept current.

In addition to a $335 filing fee which is universal, the attorney fee for a "simple" Ch. 7 can range from about $700 - $1,500 for the attorney fee and costs. Cannot say anything more definitive than that.
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Q: For a discharged Chap 7. Do you need court approval for a mortgage loan modification?

2 Answers | Asked in Bankruptcy for Connecticut on
Answered on Dec 7, 2017

Usually, you do not. In chapter 13, you would file a motion to approve mortgage modification. In chapter 7 you do not need court permission to incur new debt. Contact your bankruptcy attorney and inquire why your case remains open. If you do not have an attorney, now is the time to hire one. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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Q: Filed chapter 7, received full no asset discharge. Now have a couple of collection agencies attempting to collect debts.

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Dec 7, 2017

You would have an action for discharge violations. See another bankruptcy lawyer in your area and they can advise you how to proceed. Most lawyers will take these type matters and obtain their attorney fees from the recovery of damages. Hope it works out. Good luck!
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Q: Do married people have to file for bankruptcy together or can one person file separately?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Dec 6, 2017

One person can file separately, but the determination of whether you qualify for a chapter 7 case is dependent on household income.

Information provided for informational purposes only and should not be taken as legal advice.
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Q: If I declare bankruptcy will I lose my car?

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Dec 6, 2017

Not necessarily. You are entitled to certain exemptions for personal property. For one vehicle, the exemption varies from state to state, but it's approximately $3,000. If you have more than (about) $3,000 of equity in your vehicle, the trustee may ask for the difference or else sell the vehicle. Equity would be the value of the vehicle minus any loan balance.

Information provided for informational purposes only and should not be taken as legal advice.
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Q: My home is up for foreclosure sale. My husband is on mortgage not on deed can he file bankruptcy and stop sale in sc

1 Answer | Asked in Bankruptcy and Foreclosure for South Carolina on
Answered on Dec 6, 2017

The foreclosure is a collection activity on the debt he owes (the mortgage), so filing a bankruptcy case will PAUSE the foreclosure, but not necessarily stop it. The bank cannot collect a debt from someone while they are in bankruptcy (this is called the automatic stay). However, the stay is commonly lifted in this type of situation (generally speaking, if there's no equity, payments not being made, etc.), allowing the foreclosure to continue.

Information provided for informational...
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