I’m in chapter 13 with an end date within 6 months. I paid off Irs debt in said bankruptcy. I owe the IRS 3900 this year and I’m scared to file because I owe . Can I setup a payment plan outside of the bankruptcy and not get in trouble
answered on Mar 22, 2023
Yes, you may set up a payment plan with the IRS at this point, and it behooves you to do so, as generally, the Bankruptcy Code requires you to remain "current" upon ongoing obligations.
The IRS, however, may require you to obtain judicial approval of any payment plan with the... Read more »
my credit was higher. i had no collateral at all to secure loan. can i file chapter 7 to get off of loan. i own nothing live on disability and can’t work..
answered on Mar 13, 2023
Yes, you should be able to file for bankruptcy relief to discharge your obligation to repay that loan.
You should however speak to an experienced bankruptcy attorney in Alabama about this plan, as I am somewhat concerned, from what you say, about the creditor's possible argument that... Read more »
We are currently in a Chapter 7 in the state of AL we have lived her 1.5 years, and moved from CA, and other than providing the required information, our attorney barely communicates with us. I have sent her several emails with questions, and no response. We are in a very small town, and our law... Read more »
answered on Jan 27, 2023
In my PA district, around Philadelphia, the trustees send out a "no-asset" notice shortly after the 241/first meeting of creditors is completed. IOW, that's about a month or two after the case is filed.
Non-responsiveness of counsel, at least in the bankruptcy field, is not... Read more »
Can I still file and put the auto loan in chapter 13 without my spouse having to file?
answered on Jun 20, 2022
Sure you can. And in a Chapter 13, there is a "co-debtor stay", so while you are in your Ch. 13, creditors are stayed from attempting to pursue the debt against both you and your spouse.
By the way, when you file a bankruptcy case, you must disclose ALL your debts, as well as all... Read more »
I want to start rebuilding my credit eventually, if I am able to open one whats the process like?
answered on May 1, 2022
Section 364 of the Bankruptcy Code provides for obtaining credit while in bankruptcy. While the statute speaks of a "trustee", that term includes a debtor in possession, which is what a Ch. 13 debtor is.
Section 364 authorizes obtaining unsecured credit "in the ordinary... Read more »
Step mother now pushing breach of contract also we are in bankruptcy.
answered on Mar 29, 2023
Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.
Would be auctioned. I never received a letter stating when and where my car was to be auctioned at. The next letter I received stated that my car had been sold and that I owe 6,911. Per their contract, I wasn't properly notified. What can I do about this?
answered on Jan 22, 2023
Hire a civil lawyer to sue the car seller and seek damages for their breach of sale requirements.
answered on Sep 28, 2022
You’ll need to file a motion with the court and get permission first.
answered on Sep 26, 2022
I’m not sure what AfterPay is, but anytime you need to incur debt while you’re in an active Chapter 13 case, such as for a replacement vehicle or an emergency for an air conditioner, you’ll need to contact your Attorney and have him file a Motion to Incur Debt, which need to be approved by... Read more »
Come get half my money back. He’s ruined my life. I sold my house and he didn’t file my trust papers with the courts. I had to pay the closing attorney to finish it. Is this malpractice?
answered on Apr 16, 2022
The bankruptcy code requires a disclosure in the Statement of Financial Affairs of any assets transferred to a Trust within 10 years of the filing date for the case. I am not sure why the lawyer advised you to do this, because they can still be considered an asset of the bankruptcy estate ( a... Read more »
answered on Apr 10, 2022
What is the subject of the outstanding warrant?
Bankruptcy does not address criminal matters, so I don't see the connection.
Go see a local bankruptcy lawyer for assistance and explanation
I proclaimed my nationality and legal Notice
On or about 4 of April 2014 in Jefferson county..
answered on Mar 23, 2022
An Alabama attorney could probably advise best, but your post remains open for four weeks. This is posted under Admiralty/Maritime, but it does not appear to be something that most maritime attorneys would be familiar with. In terms of reaching out to attorneys, it isn't fully clear what kind... Read more »
We don't plan to take any action to stop it and plan to move out fast as we can but its happening slow so how much time do we have before the sheriff comes out after the immediate surrender letter?
Have disabled daughter also living with me. she is also on ssi. No other assests.
answered on Jul 30, 2021
Alabama has a bankruptcy homestead exemption of only $16,450.00 which is adjusted for inflation every 3 years. If your property is owned free and clear, you can lose the property if you file a Chapter 7 bankruptcy case. It is of the utmost importance that you contact a bankruptcy attorney... Read more »
Like putting my wifes debts on the petition . And did not including 2 large withdrawals 8000 and 3000 that my wife took out of our joint account to buy a vehicle
answered on Jun 30, 2021
NEVER sign a document before you read through it.
It's surprising that a bankruptcy lawyer would enable you to sign without first reading the documents. One of the questions normally asked by any bankruptcy trustee at the 341 meeting is whether the signature on the Petition is... Read more »
answered on Feb 24, 2021
Yes. Receiving income via cash, private income, Bitcoin, or any other means can be disclosed to the Court to comply with 11 USC 521 / 11 USC 707 via an Affidavit prepared by your Attorney. The value of the compensation has to be disclosed to the Court. It must be included on the Means Test... Read more »
Do I have to give the trustee my tax refund in chapter 13 bankruptcy? I called my attorney and spoke to a Lady in the office and she said that the trustee doesn’t take tax refunds anymore. Wasn’t able to speak with my attorney personally.
answered on Feb 22, 2021
I do not practice in Alabama, so that question would be dependent on the local bankruptcy rules that govern your case. In the Eastern District of Missouri, where I practice, the local rules require that debtors turn over their tax refunds (over a specific allowable amount) to the Chapter 13... Read more »
I’m in a chapter 13 bankruptcy, and just want to know if I need to report new car insurance? I’m a year into my payment plan. Our insurance is outrageous and want to find a new company. Also I know most companies do a soft credit pull, will that affect anything? I’m in middle district... Read more »
answered on Feb 20, 2021
Find a more reasonable insurance carrier. I have changed twice in the past two years for just that reason (I don't live that far from you) and they are competitive. Be sure you have adequate liability limits and equivalent uninsured motorist coverage. It's always the other guy who has... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.