The potential client is a 71 year old woman whose husband passed away on 9/6/19 and lives on a fixed income while taking care of her handicapped 42 year old son. She is now being inundated with creditor calls.
First, your mortgage company will insist on using the funds to maintain the integrity and value of your home. Any excess funds are treated the same as a tax return or bonus check. You need to file a motion to keep some or all of it. Second, your son may qualify for the soldiers and sailors relief...Read more »
Hello, I have contacted a lawyer in regards to filing chapter 7, and in that conversation the lawyer told me If I wanted to keep my car that I have loan for, all I need to do is just continue to make payments, that I dont need to reaffirm the loan or do anything else, is this true?
and it was not completed. I am aware of the Brunner Test and made my lawyer aware of it as well but the lawyer did not move forward on it or do anything to assist me and I was told "they won't discharge it". I am well aware that some have been by proving undue hardship and seriously need the... Read more »
Hello, the Brunner Test is not easy to overcome. You will also have to spend money to litigate this matter. I would call around but if most attorneys do not want to handle it then you may not have a good case. Try to contact a few other attorneys and explain your situation. If your case has been...Read more »
I am being sued by Capital One for a credit card debt. I have 30 days to file an answer. I just received a letter from the firm representing Capital One with settlement options including monthly, lump sum or 3 month payment plans. However, there is a line stating that a consent judgment may need to... Read more »
I had the absolute worst lawyer file my bankruptcy and overcharge me considerably. I don't know why she is so interested in my personal life but I did mention to her how severely discriminated I was at my last job. I thought about suing my previous employer but decided to let it go and... Read more »
You are free to change your bankruptcy attorney at any time. It is the Bankruptcy Trustee, not your attorney that has the most to gain if you have a valid employment discrimination case. While your bankruptcy attorney will have to perform some additional legal work, she will not gain much, unless...Read more »
My bankruptcy lawyer charged me $2500 for a chapter 7 - I don't have any hidden assets or a complicated case. I find out that my brother-in-law paid less than half. So far, I paid her $2000. I still owe $500 in 3 monthly installmants. I had to chase her for everything, and I mean everything. I... Read more »
While I do not condone not paying counsel, I am curious if you have filed the Petition, how she can be collecting on a pre-petition debt when 11 USC 362 says she/he cant. Even counsel fees can be seen pre-petition debt. I have heard of counsel doing this with a broken out Retainer for specific...Read more »
She faces a judgement of over $4,000 for failure to pay rent, but she has evidence she paid partial, and she is on SSDI. Her landlord raised the rent from $625 to $650, she has not had any repairs done on her apt as she had requested. Judge said to come with evidence and or a witness to help her... Read more »
A bankruptcy would delay her eviction for a while. The judge has no discretion to allow her more time. There is no negotiation with the judge. The only question to be answered is whether or not the rent has been paid.
Insurance is trying to paying off my car but the trustee hasn’t allowed it yet. The trustee is still making payments towards the car even though the car is gone and she has been notified of this from the insurance company. My claim is still open for my physical injuries since the injuries are... Read more »
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