and my step fathers. My question is can they come after my house for my mothers medical bills? A lein ect? Should I try getting my step father off of it?
answered on Aug 25, 2022
No. Not unless you signed to be responsible for your mothers debt. They would be subordinate to the mortgage in any event.
answered on Jul 5, 2022
It depends on what type of bankruptcy you filed and why it was dismissed. A chapter 7 does not protect the property from sale and only keeps the bank from holding you personally liable. I am guessing, and that's a big guess since you did not post sufficient facts, that you filed a Chapter 13... Read more »
The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »
answered on Jun 22, 2022
Did she get a discharge of her debts or was the case dismissed? Was the debt included in the bankruptcy? Was it a secured debt? If it is a secured debt (mortgage on real estate, car loan), the company can move forward with an action to recover the property. More facts are needed and she should... Read more »
I called chapter 13 trustee they told me to contact my bankruptcy lawyer or bankruptcy court no one is doing anything, what do I do
answered on Jul 5, 2022
Your bankruptcy lawyer should be able to review the papers and answer your questions. The bankruptcy court cannot do anything without a motion or pleading filed to bring it to the court's attention. You don't mention what the fees are for but if there was a judgment in the foreclosure... Read more »
answered on May 20, 2022
There are no eligibility limits for debt to file a Ch. 7 case; there are income ceilings, however. (Unlike a Ch. 13, for which there are debt limits for both secured and unsecured debt totals).
A cautionary note- any charges made to a credit card within 90 days prior to the filing of a... Read more »
Thank you very much.
answered on May 20, 2022
Where's her lawyer?
Under certain circumstances the code permits a death during pendency to be treated as a probate estate.
Where's your lawyer?
If her estate is of value to you then you need your own lawyer to analyze and assist. Your question is too vague for a... Read more »
I fired my bankruptcy attorney this evening. I need to file something with the court to reflect this, but I can't find substitution for pro se debtor. Can someone please tell me how to file a motion to fire my attorney with he court?
answered on May 11, 2022
Until your attorney files a motion to withdraw from the case, and the motion is granted, the attorney remains responsible to represent you. Ask the attorney how soon this will happen; it might be a good idea for you to sign the motion. Or if you have another attorney to step in, the new attorney... Read more »
answered on May 10, 2022
There is no minimum income level needed in order to file bankruptcy.
I spoke with my attorney today pertaining to incorrect information in my Schedules that were filed.I provided everything accurately and honestly. Most concerning, my tax return wasn't added. Then my values of property were changed. Removed a creditor that was originally on draft. Said I make... Read more »
answered on May 9, 2022
While both of you are at fault (your signing them without making sure they were accurate and complete; your attorney neglecting to attach your tax return, and overlooking other mistakes in the schedules), the attorney is probably right by advising you that it's not important. As you have... Read more »
have order from 2014 (thru Atlanta Bankruptcy Court) where defendant owes me 4995.00 could never find defendant but recently found out he lives in Tenn now (original order is from Atlanta Ga). Can I still fight for this judgement even though it was from 2014? Defendant owes me 4995.00 and i... Read more »
answered on May 3, 2022
Sounds like that debt was discharged in bankruptcy. You'd want to double check the bankruptcy case. If your debt was listed and bankruptcy was granted, then the debt was discharged. This means you cannot collect on it anymore.
Is this still enforcable? I recently found out defendant lives in Tenn and I now live in Florida
answered on May 3, 2022
You should contact a Tennessee attorney about collecting the judgment amount from the judgment debtor. If the debtor still has property in Georgia, it may be possible to levy on that property; in which case you would want to also contact an attorney in that state.
answered on Apr 16, 2022
Fill out, sign, and file the claim of exemption form. It won't be immediate; there has to be a hearing on your claim.
I passed the means test, I am employed but currently receive Disability from employers LTD insurance. I know that Florida only allows for a $1000 Car, but I cant throw money out the Window to drive a junk Car that cost me more money in the end. The problem is that I paid the Car off in 2020. I know... Read more »
answered on Apr 1, 2022
You are best advised to discuss these concerns with a Florida bankruptcy lawyer.
If the car is the only asset you have with reachable equity, you're probably safe and can keep the car (whether in a Ch. 7 or 13). If you have other assets that are not protected by the allowed exempt... Read more »
I worked for the job 3/20 to 3/21. I have consulted other law services and been told that I should be a creditor if I have received such paperwork. They directed me to this site for more help. I've submitted a request for a list of creditors so that I can be sure I have a right to file a... Read more »
answered on Mar 13, 2022
If you are owed money by the company for wages etc your are a creditor. You should gather any evidence you have of the money that you are owed and file a proof of claim and attach the evidence to the proof of claim. If you need help you can retain an attorney, but make sure you monitor the court... Read more »
answered on Feb 14, 2022
You can claim an exemption for your equity and reaffirm the loan, if any, to keep the car.
Basically I have 2 judgements against me and am being sued for another debt I owe. I make too little money for them to collect anything and I own my home, it's my homestead, and I've been told they can't touch it. It's a mobile home and I don't own the property it's... Read more »
answered on Feb 13, 2022
Yes, although depending on whether you file bankruptcy, it could be regarded as a fraudulent transfer if you don’t receive full market value at the time of the transfer.
House in ga over 30 yrs and i forgot my name was on it. I switched to a 13 and paid 2 yrs but can't pay now . I know it can be dismissed but can they revert me back to a chapt 7
I'm currently going through a divorce and my husband never paid the taxes and put the house in his brother's name. I'm living in the house and paying the delinquent taxes of but taxes are due again and I can't pay them.
My ex-husband cosigned a loan (sallie mae) for our daughter (who is a student and has mental health issues ). She is 23, is still studying (changed programs and college) and now they are getting billed $48,000 and he wants me to pay for it in its entirety since I was awarded our stocks as part of... Read more »
answered on Feb 1, 2022
This answer is based on the law in Florida. You have no legal obligation to pay the loan. What you are describing is a moral dilemma because you are a parent that cares about your child.
Good luck.
We were never married. I went through a modification but have since completed and returned to making regular payments
answered on Jan 14, 2022
You do not mention if your ex's name is on the mortgage. If the mortgage is in your name and you are making regular payments then the bankruptcy may not affect you. A foreclosure only happens when the mortgage is not being paid. You should speak with a local family law or bankruptcy attorney... Read more »
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