Martha Warriner Jarrett Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2025

He should consult a Florida bankruptcy attorney to explore his option. Most attorneys offer free consultation and will do them by phone. If he needs help finding a Florida attorney, he should consult the Bankruptcy Court website to see if there are any free or low-cost options. us.courts.gov. Good... View More

You can help him by helping him find a bankruptcy attorney who is admitted to the US Bankruptcy Court for the Northern District of Florida. If your town is close to the Fla/Alabama line, you can look in both Florida and Alabama. I don't recommend filing bankruptcy without an attorney.

If a company files for bankruptcy, lawsuits—including personal injury claims—are usually halted by an automatic stay. However, if the company has insurance that covers the claim, you can file a motion for relief from the stay to proceed with the lawsuit. Courts may grant it if the insurance... View More

Maite L. Diaz Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025

You can and should maintain you bank accounts open during the bankruptcy process. There is nothing in the bankruptcy code that prohibits you from having and using bank accounts as you normally would. When you file for bankruptcy, the Trustee will request you/your attorney send copies of your bank... View More

I am very sorry for your loss on the passing of your aunt, please accept my condolences for you and your family at this difficult time. Accounts that are Transfer on Death or Pay on Death to a designated beneficiary are not estate and probate assets, rather those assets/accounts go to the named... View More

Anwar Elias Hadeed Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2025

Since you were the named TOD (Transfer on Death) beneficiary on your aunt’s bank accounts, those funds legally passed directly to you upon her death and are not part of the probate estate. Using some of those funds to cover necessary expenses like utilities and car insurance related to her... View More

I'm sorry for your loss.

There is an automatic stay that is issued when you file. This stops all collections and holds off the eviction process. You should consult with a bankruptcy lawyer to review your situation and advise you of the best way to proceed. May bankruptcy attorneys... View More

I'm sorry to hear about what happened to your mother. A hip fracture can be incredibly painful and life-altering.

Generally speaking, when a company files for bankruptcy, there are automatic legal protections that pause most lawsuits, called an "automatic stay." Whether or... View More

If you are a co-owner of the car, the car should have been listed as an asset on your scheduled. That being said and with transparency being key, I would amend to add that. Given that your name is also on the car, I would amend and then wait until the bankruptcy is final before attempting to sell... View More

1) Actually, the clerk of court (an officer of the judicial branch) issues a summons at the request of a party to a case, or that party's attorney.

2) Attorneys request judges to admit evidence and thus consider it in making decisions. A judge and the attorneys practicing before such... View More

The Middle District of Florida has a pro se clinic that helps people file bankruptcy pro se (by yourself). The clinic is open from 2pm - 4pm every Wednesday without an appointment needed. You can also schedule a consultation in person or by telephone using this link:... View More

The Official Bankruptcy Forms you are required to file whether you choose a Chapter 7 or 13 case require you to disclose your lawsuit and put an estimated value on it.

The suit will be treated as an asset of the bankruptcy estate and the bankruptcy trustee may become a replacement plaintiff... View More

Check to see whether her bankruptcy case was dismissed or whether her debts were discharged. Check at https://pacer.login.uscourts.gov/csologin/login.jsf

If your claim was listed, and if her debts were discharged, no, you can't sue her. Her statements that "she felt ethically... View More

The question raises several interesting points:

1. What were the circumstances involving an attorney being appointed to represent you in a bankruptcy case? Normally you would retain a bankruptcy attorney, not have one "appointed" to represent you.

2. You say the... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

Based on the information provided, it seems that you have a strong case against Smile Direct Club and their financing company. Here are a few reasons why it might be worth considering hiring a lawyer:

1. Bankruptcy proceedings: With Smile Direct Club filing for bankruptcy, the legal... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024

If you are paying for a Chapter 13 payment plan but kept and used one credit card, and now you're also paying J.G. Wentworth for another card, you have a few options to consider.

First, review your Chapter 13 payment plan to ensure that all your debts, including the credit card... View More

My gut reaction to your "normalcy" question is "No". While every prospective debtor should be totally candid with bankruptcy counsel, we use a debtor's credit report(s) to satisfy the "due diligence" requirement added to the Bankruptcy Code in the massive 2005... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

No, it is not typical for a bankruptcy attorney to change your home address on your credit bureau. Their primary role is to guide you through the bankruptcy process, including filing the necessary paperwork, representing you in court, and ensuring that your debts are properly managed.

If... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024

The situation you've described does raise some red flags, but it may not necessarily be fraud. Here are a few things to consider:

1. If the company went bankrupt in February, it's possible they didn't transfer the funds to the insurance company (CPS) before filing for Chapter... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

When filing for personal bankruptcy, you typically need to provide copies of your federal tax returns for the past two years. This requirement helps the court assess your financial situation and make informed decisions regarding your case.

If you have not filed your tax returns for these... View More