#1. My Chapter 13 was discharged today. I knew it was coming up so I just happened to check my credit report and turns out 1 creditor continued to report that account delinquent for 41 months. They were put on notice when I filed so they were aware. Will filing a FDCPA claim be worth it?... Read more »
A bankruptcy attorney would not monitor your credit report. If they were listed as a creditor, the court would have sent notice of the bankruptcy. Your attorney confirmed that they were noticed. This probably happened because the bankruptcy notice was not processed properly by the creditor. Speak... Read more »
I filed for bankruptcy a few years back to hold off a foreclosure action. I was able to sell the house and did not complete the bankruptcy filling or the foreclosure. The bankruptcy is still showing on my credit report, how do I get it removed?
Your bankruptcy will stay on your credit report, whether or not you completed your case. It is likely to stay on there for 7-10 years from the filing date.
If you are looking to finance a large purchase in the future, you should develop a working relationship with a bank you like and... Read more »
I am a Florida resident who is 2+ yrs into a CH13 Bankruptcy. In March I noticed the plan payment was payroll deducted not only from my payroll but from my separate bonus check. This happened this past March and March of 2020. This means the trustee payment was 3,000 dollars in March (I get paid 2x... Read more »
They should not, no. Your lawyer should fix this for you.
His bank account because he is my only source of income?
No. His income is not your income. Let the Ch. 7 Trustee ask about your support at the 341 meeting.
I'm not in Milton but I represent many people in the panhandle. Feel free to contact my office if you would like a free consultation.
File bankruptcy and walk away.
So if my chapter 13 is not discharged at the end due to my refunds not being sent to the trustee, can I pay the refunds and subsequently be discharged? Or will I be penalized and not discharged at all?
Assuming it is not discharged fir that reason, most likely they will allow you to pay the refunds and then the discharge will be granted.
That depends upon the wording of your confirmed Plan. If the plan required you to pay your tax refunds to the Trustee, then you will be in default of your plan payments, and no discharge will be entered until all plan payments have been made. If your plan does not specify that your tax refunds... Read more »
I'm self employed. I do landscaping and I have credit cards in my name and my fiance has others in her name,but it to help me to use for my business We owe up to 48,000. In my name its 13,000 her name 35,000. SInce the pandemic I havent had a lot of work. I've been making our credit card... Read more »
One thing to consider at this point is whether you have any upcoming bills such as medical bills, or an eviction related bill. Prior to filing a bankruptcy case it is important to consider letting all obligations come to fruition, so that you know everyone you owe money to on the date you file... Read more »
I am the creditor in a bankruptcy case. I was offered a settlement and declined and needed to change the "language" 3 times.a good back and forth. The amount settle on kept going down....each settlement. I told my lawyer that I do NOT agree with that. He reply back was "The amount is... Read more »
Your situation is difficult to analyze because of the paucity of "real" facts. You don't say what manner of creditor you are, nor do you give any basis for much of anything.
It seems a bit late to me to change counsel, but perhaps that is what you need to do. The Court may... Read more »
THE SETTLEMENT IS FROM ROUND UP DUE TO GETTING LYMPHOMA....
The short answer is if the cause of action (injury) arose prior to your filing, yes, it should have been listed and you should report it. If the cause of action arose after your filing, no, you would not have to report it. You should let your attorney know either way.
in the trust. I own other 50%. How can I remove him if he can be trustee. Property in FL
Yes, the fact that he has filed for bankruptcy protection shouldn't really affect his ability to carry out his duties as trustee. If you feel there are grounds under state (non-bankruptcy) law to remove him you can apply to the state courts to remove and replace him.
I had creditors meeting but i did not file form 423.
Hello,
I'm sorry about the trouble you're experiencing in your chapter 7 bankruptcy. Generally, bankruptcy trustees have broad powers to liquidate estate property unless an exemption applies. Depending on your circumstances, this might apply to your jointly owned home.
I... Read more »
We are the number one minority, We are also for our clients a tax break when they file their taxes being we are in all ladies commercial/residential company.We are going on five years flipping homes. I have got to get Some form of income to keep the last five employees I have. I have already lost... Read more »
I'm very sorry for your difficult situation, especially since it seems to have resulted from your being kind and thoughtful of your employees. You could consult with attorneys to investigate whether there is anything they might be able to do - but that could further add to your expenses - it... Read more »
for equitable distribution as well as ordered the marital home to be sold immediately, we had a buyer who offered 1.2 mill and ex refused b/c he wanted full asking price, there is about $700k equity. He told Bk court house was valued at $225 thousand. We also owned another property with a lot of... Read more »
Is the marital home in Florida? Is the business property in Florida? Is the dissolution of marriage in Florida?
Notwithstanding any of that, it sounds like your ex-husband is committing bankruptcy fraud which is never a good thing.
Before charging off my loan do the loan provider have to give me notice via email / letter?
They often called me out of hours (something discover has been fined for in the past). What recourse do i have?
A lender's "charge-off" of a loan debt does not affect your legal obligation to repay; the charge-off is an internal accounting/regulatory-driven function that adjusts (reduces) the lender's capital structure and lending authority. I am aware of no legal requirement that you,... Read more »
Not if it had already disappeared from your credit.
The member 8-9 years ago was in chapter 13 and represented a loss for the lender. Can they asked the member to re-pay the old balance that was cleared and discharged from CH13?
The so-called "permanent injunction", against creditors' attempting to collect a discharged debt, which accompanies the entry of every Discharge Order in bankruptcy, certainly seems to prohibit that sort of "ask". On the other hand, nothing in a bankruptcy Discharge... Read more »
Im separating and need to sell my home but my husband is in ch. 13, the attorney said he has to use the profit to purchase another home but only have a year to do so, is this true? Should I file for a divorce so this doesn’t affect me?
You need to consult with an attorney of your own. It is unclear, for example, how you could sell the home without your husband's approval. Filing for divorce would not have any effect.
My bankruptcy was discharged 9 yrs ago & I did not reaffirm my mortgage. I continue to live in the home and made all pmts timely w/APR 4.625%. My credit is in the mid-700s but lacking variety due to no mortgage debt. Although the obligation was removed, I missed the opportunity to demonstrate... Read more »
Is this the first house you are buying? Sounds like it is not. Therefore you are not buying a first home.
If you want to keep this home, that still has a mortgage on it, then refinance the mortgage at today's low interest rates.
Lastly, I don't understand the last... Read more »
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