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Hello, I met with an attorney and was told I qualify for a Chapter 7. I have very few assets, I took out a lot of personal debt when trying to start a failed software business. I have closed that business and the attorney mentioned disclosing the apps that I released as assets.
Let’s say... View More 
answered on Dec 12, 2024
The tradeoff in bankruptcy is full disclosure in return for a discharge of debts. The debtor benefits from full disclosure, and avoids the possibility of a denial or revocation of discharge. All the schedules and statements in bankruptcy are signed by the debtor under penalty of perjury. If a... View More
I filed CH13 bankruptcy my spouse filed a motion to lift the bankruptcy automatic stay on the property in order to proceed with property division in state court. I am inquiring about if Temporary Restraining Order filed in the Bankruptcy Court is needed to prevent prejudice and Irreparable harm?
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answered on Dec 8, 2024
Your concern about protecting your rights in this situation is valid, particularly since you weren't properly served with the divorce citation. Filing a TRO in Bankruptcy Court could indeed be appropriate to prevent your spouse from proceeding with property division before proper service and... View More
:My husband was scammed out of $850,000. He joined a cryptocurrency investment group on Reddit and got scammed by people he met there. After seeing high-return pictures posted by the group, he decided to invest and joined the investment site they recommended. He then took out loans with an interest... View More
answered on Dec 5, 2024
You are going to need identify the individuals and/or entities that scammed your husband and any assets they may own in the United States. It is going to be very hard to pursue any claims until you identify the perpetrators of the fraudulent scheme. If they are citizens of other nations like... View More
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
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
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
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
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... View More
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
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... View More
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
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... View More
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
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
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.
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... View More
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.
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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
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
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... View More
make arrangements to pay?
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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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
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
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... View More
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
Can I file 7 without house being jeopardized with liens or anything?
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 $60,000.00 of equity in your home. PLEASE do not try and file bankruptcy without an attorney! This is a good example of how doing so... View More
I am on the deed to home/property in which is owned free and clear was purchased with cash by him . Can I file for my debt without it affecting house / deed ?
answered on Oct 22, 2024
NO. Your half of the home is an asset. You need advice from a qualified North Carolina licensed attorney. Please have a personal consultation with one. Many offer free consultations. Out of state lawyers are trying to be helpful by copying and pasting our exemption statutes here on this general... View More
Credit card maxed out by doing balance transfer amount is 4000$
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
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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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