Depends on whether you signed a reaffirmation agreement. If you did, no. If you did not sign /a reaffirmation, then yes.
my case will be discharged next week
Yes, unless you signed a reaffirmation agreement.
My family wants to help build my credit by putting the deposit down for a secured card. My lawyer is taking too long to get back to me and I want to begin building my credit immediately.
I'm one year in and have made all payments on time to the trustee.
Confer with your lawyer first before doing anything that night be contemptuous.
I was also looking for possible pro bono assistance/help with this. Tried calling CLSMF can never get through seems phone lines are always tied up, but way too expensive to afford a private attorney. Will file application for waiver of filing fees as well. Personal assets are under $15,000.00 -... Read more »
The Florida exemptions are described here:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0222/0222.html
Any equity? If so, sell it.
what do we have to do to protect ourselves?
You can do one of at least two things:
1. You can foreclose, probably not the bet move
2. You can invite the debtor to enter into a reaffirmation agreement which will allow the obligation to continue on uninterrupted, which is preferred
You need to review the bankrtupcy... Read more »
A judgment was filed against me in 2014. I was unemployed and could not pay the credit card. I am now living only on Social Security. The original card owner was my husband but I used the card. The court documents show his social security number as mine. When I tried to call the collection agency... Read more »
You DO need to file an exemption, despite a wrong SSN being listed. You are not required to have an attorney, but it's best that you have one, and you may be able to get a pro bono attorney by contacting your local agency that provides free legal services for the poor. You appear to be in Ocala,... Read more »
I filed order granting strip of lien as well as discharge order with the clerk of the court in seminole county
The order of the bankruptcy court should be sufficient. If you want an order from the Florida circuit court as well, you probably should file a motion and request a hearing.
The BK court failed to send the mortgage company the information to stop sale. So sale to place. whats my options
If you put them on notice of the filing prior to the sale, you can probably bring an action to terminate the sale.
Florida home husband holds mortgage does not have income. Wife has income and no debt but is on the deed. Can the husband file individual Chapter 13 using household (wife's) income? Or do we need to file Chapter 13 jointly?
No, he doesn't qualify for Chapter 11 if all the income is from the wife. But why file for Chapter 13 protection? The mortgage can, after obtaining relief from the automatic stay, still foreclose.
Even though I am contributing financially to the purchase what paper agreement can we make that give me ownership
If you are helping pay for the property, you should insist that you be on the deed. At the very least you and your boyfriend should have a written agreement.
Even though I am contributing financially to the purchase what paper agreement can we make that give me ownership
You would need to be on the deed or you could lend him the money for a 2nd mortgage on the property.
I do not understand most of it and contacted my attorney. But they are dragging their feet as they have with most everything else since the hearing. I would ask questions and would only be told to ignore it and don’t worry about it. There is a statement that says any objections need to be filed... Read more »
Your case is days away from being final and the discharge entered. One the trustee files that report, it’s all but over. I would seriously consider not objecting unless there is a glaring error or omission as it will hold up the entry of your discharge and closing of the case.
It is my practice to provide my client with a digital copy of everything we produce and everything we receive. If he cannot receive digital cxopies, then they are mailed in hard copy.
I cannot understand why there is an issue with providing you copies, but if it persists, go to the clerk's... Read more »
Repeat foreclosure on my mother and I primary residence since divorce leading to quit claim deed and refinance in 2007. Then after my mother passed in 2016 Wells Fargo tried to foreclose on me when I made an attempt to negotiate about loan transfer, as I am beneficiary.
What is your question. The facts sound pretty grim
All our finances/debt are separate and the home loan is solely in her name (I'm only on the deed of trust). I have a large amount of debt that I can't pay on my own and can't barely manage with both our incomes. All un-secured debt (no car loans, installment loans, etc...). Wanting to know if... Read more »
Yes. The mortgage does not matter. Your name is on the deed and that indicates ownership. It will have to be included in the bankruptcy.
My ex husband & I (divorced since 2016) agreed to buy our 16 year old daughter a vehicle last year. I was unable to qualify for the loan due to my credit so we used his credit, therefore the loan/title went in his name but I have personally made ALL payments including the down payment. The loan is... Read more »
You didn't mention the value of the car, but for the purposes of this answer I'm going to assume that it exceeds the exemption amount.
Transferring the title into your name doesn't resolve the issue, it simply changes the nature of the problem. If your husband files bankruptcy with the... Read more »
Yes. She can do anything she wants.
I also have been contacted by a collection agency
You can go online to www.pacer.gov and set up an account and find it that way or you can go to the Bankruptcy Court and make the request
Check the BK rules of procedure. I think it is 14, but don't guess. Know for sure. You can download the rules easy enough.
d
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.
