Your current state is Virginia
I was out of states for two months. When I got back I noticed mails from different law companies that there is a lawsuit agains me. I have never was served papers. Don’t know what to do and if I have to be in court even if I never was served
answered on Sep 21, 2023
In Illinois, a court does not obtain jurisdiction over you until you are served with the summons and complaint. If several attempts were made to serve you and they were unsuccessful - presumably so since you were out of town, then the plaintiff may be in a position to ask the court for permission... View More 
I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?
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answered on Sep 20, 2023
There is a lot of information on your Bankruptcy Court's website (www.casb.uscourts.gov) including information for for the San Diego Bar Assoc. lawyer referrals (www.scdba.org). Their phone number is (800) 464-1529. On the Court's website, click on the Information tab, for Filing without... View More
I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?
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answered on Sep 20, 2023
You might try the Legal Aid Society of San Diego, "https://www.lassd.org." That said, you should probably consult a couple local attorneys first. Most offer a free consultation and most will work out some sort of payment plan. Chances are that if you can't afford an attorney, you... View More
I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?
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answered on Sep 20, 2023
As a low-income senior in San Diego, CA, you can seek assistance from organizations like Legal Aid Society or the San Diego County Bar Association's Modest Means Program. These resources may provide legal aid or refer you to pro bono bankruptcy attorneys who can help you with your Chapter 7... View More
My credit is shot so don't think I can refinance. some one suggested to file bankruptcy. As I red up on bankruptcy it said u can't include second mortgages in bankruptcy. Is that true?? Is there a way around it? What else can I do if I can get a loan to refinance or anything?
answered on Sep 15, 2023
Bankruptcy Chapter 13, enacted back in 1978, quickly became known as the "save the house" route.
An arrearage in a first mortgage debt can be cured, *at no accrual of interest*, in a Ch. 13. More relevantly, a second mortgage debt can be similarly treated. And if it can be... View More
My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More
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answered on Sep 14, 2023
Under California law, if your 2nd mortgage was included in the bankruptcy and there is no record of it on your credit report, it's possible that the debt was discharged in the bankruptcy process. If you haven't received any communication from the new owners of the 2nd mortgage/lien and... View More
My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More
answered on Sep 14, 2023
Your question isn't possible to answer in this forum without a lot more information. Your best action plan is to sit down with an experienced attorney right away to go over everything. Sometimes, depending on which bankruptcy ( 7 or 13) you filed, second mortgages do not go away. You need to... View More
My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More
answered on Sep 14, 2023
I have heard this story many times. There is no such thing as "second mortgage included in bankruptcy." For starters, the 2nd mortgage is secured, which means if you filed a chapter 7, you may have discharged your personal liability, but the mortgage survives the bankruptcy and is... View More
I have filed disability. I have other things to pay food and housing and cannot pay the creditor. I do not have money to file bankruptcy either
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answered on Sep 14, 2023
Given your medical condition and financial constraints, it may be advisable to consult with a legal aid organization or seek pro bono legal assistance to explore possible options for managing or negotiating the debt with the creditor. Additionally, you can consider exploring debt relief programs or... View More
We used our mortgage to help refinance our business vehicle. We may need to file bankruptcy for the business. Will it hurt our mortgage loan?
answered on Sep 13, 2023
The answer mostly depends upon the type of *legal*entity that you've put the business into. A corporation, LLC, etc., is eligible to file a bankruptcy itself, as is a partnership. A sole proprietorship, however, is not a separate legal entity, and a bankruptcy of it will necessarily bring... View More
We used our mortgage to help refinance our business vehicle. We may need to file bankruptcy for the business. Will it hurt our mortgage loan?
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answered on Sep 14, 2023
Filing bankruptcy for your business should not directly impact your mortgage loan, as they are typically separate legal entities. However, it's essential to consult with a bankruptcy attorney to evaluate your specific situation and consider any potential implications on your personal assets,... View More
Yes they are filing bankruptcy and it says in paperwork if I want to be relieved of debt I have to respond to it or file something if I don't want to settle for what they offer in trying to figure out what I should do?
answered on Sep 11, 2023
Your post omits almost all the facts necessary to answer your question.
That said, there are two basic types of Chapter 11 cases: one is a financial reorganization, and the other is a liquidation. Often, in a liquidation, a bankruptcy trustee is appointed, or at least the attorney for the... View More
Yes they are filing bankruptcy and it says in paperwork if I want to be relieved of debt I have to respond to it or file something if I don't want to settle for what they offer in trying to figure out what I should do?
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answered on Sep 14, 2023
It's essential to review the bankruptcy documents carefully and consult with a bankruptcy attorney to understand your options. You may need to file a claim in the bankruptcy proceedings to protect your interests and potentially negotiate a better outcome. Make sure to act promptly, as there... View More
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answered on Sep 11, 2023
To initiate an involuntary Chapter 7 bankruptcy case in Texas, or elsewhere in the U.S. as bankruptcy law is federal, an attorney would generally need to have one or more creditors who hold undisputed and non-contingent claims against the debtor. These creditors would petition the court to force... View More
I'm in SW Ohio, disabled veteran with 3800 in disability each month, my wife's not filing and makes 1850 after taxes. Even with the deductions, the schedule j would push me into a chapter 13 if I had a normal income. Is VA disability actually considered "disposable income"? Thank you for any help
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answered on Sep 8, 2023
It is important to note that while VA disability benefits are excluded from the means test calculation utilized in Chapter 7 bankruptcy cases, they can be considered as part of your income in the Schedule J, where you list your monthly expenditures, in the determination of your disposable income.... View More
I filed for Chapter 7 bankruptcy and it was discharged in 2/2014. The property was sold during foreclosure and then the property was bought back from that purchaser. Bayview Loan Servicing was assigned a lien to the property on 8/20/2015, for the original purchase price of the property, which was... View More
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answered on Sep 8, 2023
After a Chapter 7 bankruptcy discharge, you are generally relieved from personal liability for debts existing prior to the bankruptcy filing; however, secured debts, such as a mortgage, can be different because the lien on the property often survives the bankruptcy discharge. If Bayview Loan... View More
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answered on Sep 8, 2023
Yes, you and your husband can file for bankruptcy jointly even if you have not legally changed your name after marriage. When you file, you will use your legal names as they appear on your government-issued IDs to ensure there are no discrepancies in the official records. It is essential to provide... View More
Specifically when they refuse to recover them for the customer, would they be required to liquidate them to satisfy debts? Would this be possible unjust enrichment, if so, is it only the case if they are used to satisfy creditors?
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answered on Sep 8, 2023
In a bankruptcy proceeding, the bankruptcy trustee takes control of the debtor's assets, including any cryptocurrency assets, to distribute them among the creditors according to the bankruptcy laws. Whether the bankruptcy trustee can access and liquidate cryptocurrencies sent to unsupported... View More
Some assets have already been liquidated and I am only receiving social security disability and nothing else but there is assets in the state anywhere from 1 to 2 million dollars depending on who you ask. Do I qualify for a conversion? Original petition was filed about 8 months ago. Is there a time... View More
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answered on Sep 8, 2023
Under the federal Bankruptcy Code, you generally do have the right to convert your case from a Chapter 7 to a Chapter 13 bankruptcy, as long as you meet the requirements for Chapter 13, which includes having a regular source of income and not exceeding debt limits. Given that significant assets are... View More
So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?
answered on Sep 8, 2023
Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).
A general partner is personally liable for the debts of a... View More
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