My brother parked a car that was under my name on a parking spot he wasn't supposed to. So the towing truck towed it away and are charging me a bill of almost $4,000. We never took the car out. The towing company said they sold the car, but since it was under my name while it was in there,... Read more »
The towing company is allowed to sell a vehicle that is towed and not picked up by the owner. They sell them to cover the storage fees - which they are allowed to do. If they sue you for the fees, you need to resolve it or they can get a judgment against you. You can choose to do nothing right... Read more »
My mother just passed away. She has a revocable trust, of which I am trustee/executor, state of AZ. She was in the process of filing bankruptcy but did not officially file with the court yet. What are my responsibilities as trustee? Do the beneficiaries have a right to the proceeds from the sale of... Read more »
Yes, you should immediately contact your mother's bankruptcy attorney and advise this person of her death. You are best advised to seek a consultation with an Arizona wills and trusts that attorney regarding your responsibilities and duties as trustee of her trust which is no longer revocable... Read more »
towed, left her stranded and no way to get her kids to school, took her friend to court and won the judgment after several attempts to collect with even the judge ordering her to make payments she forfeited and so the judge granted us the full payment and she still refused to make any kind of... Read more »
If the discharge is granted to the friend, your girlfriend will be enjoined from trying to collect that debt in the future. Probably should hire a lawyer to see if they can obtain the money for you. It can be a very frustrating process.
towed, left her stranded and no way to get her kids to school, took her friend to court and won the judgment after several attempts to collect with even the judge ordering her to make payments she forfeited and so the judge granted us the full payment and she still refused to make any kind of... Read more »
The reality of chapter 7 bankruptcy is that the person filing must disclose all assets and debts. If assets are not disclosed then it might give rise to objecting to the debtor getting a discharge of debt. However, it requires the creditor objecting to consult with and retain a bankruptcy... Read more »
What would the court consider excessive? The case was not confirmed they recommended dismissal now they want to take the whole 15 grand the trustee is holding
The attorney has to file a motion with the court and the judge has to determine what is reasonable. That is based on the time spend, what was done, whether the work was necessary and other factors.
I need to payoff a loan,I have had the funds since 3/15,the foreclosure attorney is being difficult and said the lender is in bankruptcy and the trustee needs to provide the payoff amount.He said that he will go ahead and file notice sale of trustee on my home even if he is the one delaying the... Read more »
I urge you to get an experienced bankruptcy attorney in the area where the case is - immediately.
The bankruptcy reference will automatically expire on your credit reports after 10 years. I'm not aware of any means of having it taken off your credit report prior to10 years from the petition date.
Will this affect my bankruptcy. It was 800 dollars worth
No. Should not affect your bankruptcy.
My Ch. 13 was filed and approved in the summer of 2017, so I am halfway through it. If I get a raise or a better-paying job now, does whatever additional income I get just go to paying a higher amount each month to the plan? Will I have to file a new budget and get a new approval from the court?... Read more »
Hello,
Generally, a debtor does have to report and update their bankruptcy papers if they start receiving more income. This increased income may or may not increase your plan payments. It may depend on the type of chapter 13 case you are in and if your expenses changed.
Depending... Read more »
I am on very low income and unable to pay an attorney. I had health issues. Counseling completed. Most filing forms completed. Getting a Credit report soon.
Public Counsel provides pro bono assistance to some consumers. Alternatively, most consumer bankruptcy attorneys have a reasonable sliding scale for bankruptcy attorneys' fees based upon each client's ability to pay.
My partner never filed the tax return for those years. I believe IRS filed substitute returns and the income taxes owed for each year were assessed a while ago. Do I need to file returns for those years before filing bankruptcy?
Assessments resulting from substitute for returns are not dischargeable in a Chapter 7 bankruptcy.
Pay off your tax owed.
I went to study abroad only because the program was going to help me pay my tution. When I arrived to the other country they said "sorry we can't help you. Get a student loan." I was in serious frustration and started to worry a lot because I did not know this was going to happen to... Read more »
I suggest you seek advice from an attorney in your area - perhaps a general litigation attorney or bankruptcy attorney. There are insufficient details in your submission for me to respond with any specifics. For instance, is the loan you have a student loan obtained from the Dept. of Education... Read more »
I co signed but ended up in front and we agreed on refinancing the car to get it out of my name and without my knowledge he voluntarily surrendered the car. Now he does not want to pay the collection bill , it was 8000 I called the finance company and lowered it to $4,500 and monthly payments of... Read more »
This is not really a bankruptcy issue - other than the fact that if he filed bankruptcy, he can list you as a creditor and seek to discharge his potential liability to you. If that occurs, then I can assist you in discussing what might be done. Otherwise, you can look into filing a small claims... Read more »
Because it took so long to get questions answered on further papers needed for filing, BofA filed a lien on mobile-home. Present attorney will charge another several thousand for removal. Is it possible to get it done for less with another attorney?
I recommend you contact other bankruptcy attorney's in your area. This isn't the forum for discussing fees. I also urge you to get information from your current attorney to find out more about the process of avoiding the lien to better understand your options and the basis of his... Read more »
I understand all of what is needed for information on bankruptcy and the need for it with filing for involuntary lien removal. All I need is to find out what the average cost is to have it removed during the process of waiting for dismissal.
A debtor can substitute counsel of record and the new counsel for the debtor can prosecute lien avoidance motions. I have helped many debtors to reopen their chapter 7 cases for the purpose of prosecuting motions to avoid judgment liens as well as substituted into open cases for the same purpose.
Not sure when if getting settlement but I need to take of my creditors currently. If haven't settled yet Is that going to effect my bankruptcy. Is there a time period
you have to disclose the settlement or potential settlement to your attorney and the court. If you haven't filed a bankruptcy yet you should immediately talk to a bankruptcy attorney to go over your options.
Yes. Absolutely.
Can we file bankruptcy and keep home?
Depends on home value, mortgages and equity in property. Those numbers are all needed for a ballpark guesstimate to answer your question.
LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with... Read more »
Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord?... Read more »
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