Your current state is Virginia
140000. USDA rhs was my lender. What can I do. Can I sell before 2/13? And pay the 20000?
You need to visit with a foreclosure defense/bankruptcy lawyer TODAY. From you question I cannot understand if your home mortgage is in foreclosure, or you are being sued on a student loan. In either case, run, do not walk to a good bankruptcy lawyer in your community.
You have to obtain permission From the court to incur debt while in Chapter 13. If permitted, then you should be able to use the land as collateral.
Yes
See: SEC vs Dayne Roseman (Google search will show case and prosecutors)
I know an excellent lawyer, however I don't think I'm permitted to make referrals in this forum. You are free to reach out to me through my profile on Justia for more information. Jonathan Blecher
Hello, I had a couple of student loans returned back to the federal lenders 2yrs ago when i was forced to withdraw from a semester at my university due to severe health issues. As a result, i incurred a debt with the school for the amount of the loans that we returned. I was trying to understand if... Read more »
Yes, I believe they are considered student loans for bankruptcy purposes.
Am I considered judgement proof?
You should be judgment proof, yes.
It is a civil matter.
Yes.
If you are asking whether she is protected by the automatic stay that goes into effect when a bankruptcy is filed, from the creditor seeking payment from her - it depends. You indicate she isn't a signer - do you mean she is not on the loan? If she didn't sign the loan as a co-borrower, and... Read more »
Someone owes me money and I won a default judgement and just filed for garnishment. I received notice that they are filling for Chapter 7. The email from the her lawyer said I had to contact her employer to remove the garnishment. Do I need to do this, or should they do this? Honestly, I don't... Read more »
Yes. If they filed bankruptcy, you must release the garb immediately or run the risk of violating the automatic stay and being sanctioned for it
consolidation or do i need to call him and tell him?
You cannot borrow money while in a chapter 13 without court approval. I suggest you meet with your attorney to discuss the possibility of modification to your plan since you apparently are not handling your finances based upon the monthly budget you created two years ago when the case was filed.... Read more »
Seven years.
My friend was sued, paid $10,000.,got an attorney who then passed the case over to another attorney friend, who told my friend she needed to file Chapter 11 bankruptcy and ask for $35,000. retainer. My friend didn't want bankruptcy, has no corporation, but has assets in real estate. June 11,2019... Read more »
Have your friend call me 310-271-6223.
Others options do I have?
I assume you mean that the credit card company sued you.
I would suggest that you contact a good bankruptcy lawyer in Dade County. You can check the Dade County Bar Association's lawyer referral service to get names, but I would not delay.
We are in Chapter 13 , and her an I are in good terms and planned out spousal support and we both would keep a car. The court mediator said we had to get a lift of the chapter 13 Stay before doing the separation of assets but that would defeat the purpose of the Chapter 13. The payments to the... Read more »
You cannot do a division of assets until the bankruptcy is final unless you get approval from the court bc said assets are the property of the bankruptcy estate.
The Back alimony is from last year when it ended and my 3 minor children live with me that judge said he doesn't care and that would put me in jail if I did not pay two days in bucks county pa
Yes. Bankruptcy does not stay actions on enforcement of support or maintenance.
I’m planning on filing for bankruptcy due to a couple of lawsuits after car accidents and prior debt. I am receiving a packet from my local legal aid office and taking this sort of “class” or something in March to get the process started. I’ve read online that I should stop paying back... Read more »
As an Attorney I would not risk giving you advice on stopping payment on your debts without knowing all the details of your case, ie without you coming to see me as a client and we do a thorough evaluation of your situation. Any payments you make on debts prior to your bankruptcy is probably money... Read more »
Every 8 years
garnishment to attempt to collect the debt. After the garnishment was served to his employer, the debtor claims he is currently in bankruptcy since 2018 and is protected by a "stay". What avenue to I have to try to collect this debt? He has not paid anything on the judgement and it has now been... Read more »
If the debtor has an active bankruptcy case then the whole case should have been stayed when he filed bankruptcy. You should look online at the bankruptcy court dockets to determine his bankruptcy status. If he does not have an active case, or was not granted a discharge, then you can garnish bank... Read more »
S.c
Yes they can if they get a judgment against you. It is an asset, not real property, but it is still subject to execution.
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