Your current state is Ohio
He filed in 2019, but I just found out this year after pull some paperwork for cour. He put down he didn't know where I lived at. He did know because we have children and he lived with me the year prior to him filing. The chapter was discharged.
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answered on Apr 20, 2024
It's important to address this situation by understanding the potential implications of your ex-husband's actions. Since he declared bankruptcy and listed you as a creditor, stating he didn't know your address could affect various legal aspects, especially if there were debts owed to... View More 
The company I work at has been struggling financially for the past few years and went into receivership a few weeks ago. It is likely to be sold as 2-3 smaller companies.
Because of these issues, clients have canceled more than $1.25M in orders, causing me to loose $80,000 in commissions... View More
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answered on Apr 20, 2024
You can indeed file a claim for the lost commissions as a creditor in the receivership process. When a company goes into receivership, the receiver's role is to manage the company's assets and debts, which includes assessing claims from creditors, including employees who have lost income... View More
I found out after looking up some court information that he put down he did not know where I live, but he lived with me prior and had to pay child support at time. Can I be removed off the creditor list? I have agreement he has yet to pay me for that was signed before he filed.
answered on Apr 20, 2024
It sounds like you are a creditor bc of the unpaid agreement but that should not affect you getting paid bc domestic and other support obligations are non-dischargeable. You might, however, want to report his fraud regarding where you lived to the US Trustee handling his case.
I found out after looking up some court information that he put down he did not know where I live, but he lived with me prior and had to pay child support at time. Can I be removed off the creditor list? I have agreement he has yet to pay me for that was signed before he filed.
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answered on Apr 20, 2024
In your situation, it's important to first clarify the nature of the agreement and the debt involved. If the agreement was for child support or another personal obligation, and he filed bankruptcy, you might still be able to enforce the agreement. Bankruptcy generally does not discharge debts... View More
I have filed Chap 7 bankruptcy through up solve pro se as I do not have the funds for an attorney. I filed for divorce in November and shortly after signed a quitclaim deed so he could get the house. Divorce was final March 5th and filed for Chapter 7 in April. I did not add the home to my... View More
answered on Apr 20, 2024
There will be questions about that on the Statement of Financial Affairs, and more indirectly, on the Schedules.
It's bold to attempt to do a bankruptcy without counsel, whatever your reason. We recommend that you inquire at your County Bar Association, or the office of the US... View More
I have filed Chap 7 bankruptcy through up solve pro se as I do not have the funds for an attorney. I filed for divorce in November and shortly after signed a quitclaim deed so he could get the house. Divorce was final March 5th and filed for Chapter 7 in April. I did not add the home to my... View More
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answered on Apr 20, 2024
In filing for Chapter 7 bankruptcy after your divorce and signing a quitclaim deed, it's crucial to ensure all details about significant transactions, like transferring property rights, are accurately reported in your bankruptcy filing. Since you transferred the deed to the home and your name... View More
answered on Apr 19, 2024
A caution- the Bankruptcy Code provides that conversion/dismissal of a case is addressed to the discretion of the Bankruptcy Judge, who will decide which path is in the "best interest of creditors".
Your post fails to indicate which Chapter of bankruptcy has been chosen (that can... View More
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answered on Apr 19, 2024
In Kentucky, once you've filed for bankruptcy, it's generally difficult to stop the process completely, especially if you have already filed the petition with the court. The decision to reverse a bankruptcy filing depends heavily on how far along the process is and the chapter under which... View More
My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?
answered on Apr 16, 2024
You do report Social security on schedule I and the means test but it does not count toward the means test result. Pension income gets reported on both and does count. Speak to an attorney to decide whether filing is beneficial.
My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?
answered on Apr 16, 2024
Social Security benefits do not have to be included in your Means Test. These benefits should be listed in Schedule I (Income) of your bankruptcy petition, but the entire amount can be "backed out" on Schedule J (Expenses), as 42 USC 407 makes it clear that Social Security benefits have... View More
My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?
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answered on Apr 19, 2024
When filing for Chapter 7 bankruptcy in New York, it is necessary to report all sources of income, including Social Security benefits. This is crucial for providing a complete financial picture, even though Social Security income is generally protected from being claimed by creditors under federal... View More
My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?
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answered on Apr 19, 2024
Social Security Benefits are included monthly income in Schedule I but are excluded from the Means Test. The Means Test is the initial threshold for determining Chapter 7 qualification. Her pension would be included in the Means Test. Chapter 7 gives peace of mind to an elderly person who does not... View More
I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More
answered on Apr 16, 2024
I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More
I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More
answered on Apr 19, 2024
Sorry to hear what happened to you. In New York, you can only recover for negligent infliction of emotional distress where the behavior in question is extreme and outrageous. An actuarial error relating to your payroll deduction likely does not likely qualify.
I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More
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answered on Apr 23, 2024
In New York, an employee may be able to sue their employer for negligent infliction of emotional distress (NIED) if the employer's negligent actions caused the employee to suffer severe emotional distress. However, succeeding in such a claim can be challenging, as you would need to prove the... View More
answered on Apr 15, 2024
Without first checking myself, my best guess is probably not, but to be sure, go online to the website of the federal district where you're located, and it should list "Forms". Under that heading, go to "local forms", and check out what's shown there.... View More
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answered on Apr 16, 2024
Yes, there is a general template for an order accompanying a motion for extension of time in a Chapter 13 bankruptcy case in Texas. Here's a sample:
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE [NORTHERN/SOUTHERN/EASTERN/WESTERN] DISTRICT OF TEXAS
[DIVISION]
In... View More
I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?
answered on Apr 15, 2024
The statute of limitations runs from when a cause of action accrues to when a complaint upon that cause of action may be commenced. If they have a judgment, your right to raise that as a defense now is likely waived.
You may want to speak to an attorney about the implications of the... View More
I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?
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answered on Apr 16, 2024
I understand your concern about the credit card debt lawsuit and judgment. Here's some information that may help:
1. Statute of limitations: In 2022, New York reduced the statute of limitations for consumer credit card debt from 6 years to 3 years. However, this change only applies to... View More
Original plan in May 0f 2023 was to pay $71,000 total. Six months later the court increased it to $188,000. I did not incur any new debt during that time to warrant such an increase.
My original plan was for 24 monthly payments of $500, since that's all I can afford. The payments... View More
answered on Apr 12, 2024
It is likely that the amounts claimed by creditors in your case exceeded (substantially) what you estimated in your bankruptcy petition and accompanying schedules or that creditors who were not listed filed claims. With interest or penalties, claims can end up larger than you thought. Certain... View More
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