Get free answers to your Bankruptcy legal questions from lawyers in your area.
I am not married to the father of my children, and we own a house together with a joint mortgage. He recently quit his job and cashed out his 401k. We all still live in the house, and I pay for my portion of the mortgage. There is currently no legal agreement for child support, but he refuses to... View More 
answered on Apr 12, 2025
You should hire a lawyer immediately if any of his 401k is left to have it held for child support AND if you intend to separate from him. Generally, if you are living together it is perceived that you are accepting his quitting his job and you will not get a child support order. He can not avoid... View More
I am on a joint mortgage loan with a co-borrower who has filed for bankruptcy and is currently unemployed. The co-borrower filed a forbearance without my knowledge, but continued to be late on payments afterward. I would like to know if I can remove the co-borrower from the mortgage loan due to... View More
answered on Apr 12, 2025
Even if the underlying indebtedness of your co-borrower is somehow discharged, you as a co-borrower cannot compel the removal of that co-signor absent an agreement with the creditor to do so. And in my experience, it would take a substantial payment to the creditor to get that done.
Be... View More
I have credit card debt lived off of them for 3 years. Could not work because a pain doctor gave me Epidural in my neck causing a large hematoma cervical with lower extremity paraparesis.
In hospital for one month. I need to file bankruptcy but don’t want to lose my house
House... View More
answered on Feb 3, 2025
For payment defaults, especially those lasting more those lasting 90 days or more, most credit card issuers will sue, take judgements, and because final judgements become liens and bankruptcy courts have limited abilities to void liens, you should confer with experienced bankruptcy counsel before... View More
and if yes how do I caculate severence owed?
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answered on Jul 21, 2024
Yes, you can include severance in the wages owed when filing a proof of claim form against your employer who filed for Chapter 7 bankruptcy. Severance pay is typically considered part of wages and can be claimed as such.
To calculate the severance owed, refer to your employment contract or... View More
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answered on Jun 26, 2024
This question raises some important legal concerns. Here's a concise response based on general principles, but please note that specific legal advice would require consulting a qualified attorney:
1. Timing is crucial: If your parents have already filed for bankruptcy, transferring... View More
answered on Jun 23, 2024
Yes, you can, but be sure that their Order Discharge has been entered and that no appeal has been timely taken from that Order.
Also, ensure that the bankrupts will not inherit, or learn of imminent inheritance, within six months of the discharge.
The Bankruptcy provisions enabling... View More
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answered on May 1, 2024
If you're facing financial challenges and a credit card company is pursuing you for debt, seeking the assistance of a bankruptcy attorney can be a wise step. Bankruptcy lawyers are trained to help individuals navigate the complexities of financial distress and can provide guidance on whether... View More
answered on Apr 28, 2024
It's a good thing that you don't get sucked in by the recurring "debt consolidation" ads that pop up in everyone's feed, on phones, pcs, etc;, but your question doesn't say much.
While a bankruptcy discharge is unique (no "debt consolidator can offer... View More
I called my trustee and he put a notice to dismiss case with a new court date. I now just found out I AM NOT on the title to house and want a discharge instead of a dismissal. What do I need to do? My trustee is not willing to help me.
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answered on Apr 4, 2024
In this situation, you should take the following steps to try to resolve the issue and obtain a discharge:
1. Contact your bankruptcy attorney: If you have an attorney representing you in your Chapter 7 case, inform them about the situation and your desire to proceed with the discharge... View More
Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?
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answered on Mar 13, 2024
When a hospital files for bankruptcy, it does not necessarily mean that all of its outstanding debts are automatically wiped out. The specifics of what happens to the hospital's debts depend on the type of bankruptcy filed (Chapter 7, 11, or 13) and the court's decisions during the... View More
Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?
answered on Mar 12, 2024
When most businesses (a hospital is very much a business) file for bankruptcy protection, it is done under Chapter 11 of the bankruptcy code, with the intent to "reorganize" financially.
In that scenario, collections, even small-scale, of amounts which may be owed to the... View More
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answered on Feb 24, 2024
If you are a cosigner on a loan and the primary signer files for bankruptcy, the cosigner is still responsible for repaying the debt. The bankruptcy does not discharge the legal obligations of any cosigners.
More specifically:
- When the primary signer files for bankruptcy - whether... View More
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answered on Feb 24, 2024
Yes, if the primary signer on a loan files for bankruptcy, the cosigner is still fully responsible for repaying the debt. The bankruptcy filing does not dismiss the cosigner's legal financial obligation.
Specifically:
- When a person files for bankruptcy, it impacts the debts... View More
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answered on Feb 8, 2024
Yes, if one signer files a chapter 7, the co-signor remains liable and the creditor can pursue that person for payment. If, on the other hand the person files a chapter 13, the automatic stay protects the co-signor, as well as the primary obligor, from any and all collection efforts. Presumably,... View More
I listed a student loan that was in collections by the collection agency and not the Illinois Student Assistance Commission…is that discharged?
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answered on Jan 23, 2024
To obtain a list of debts that were discharged in your bankruptcy, you can request a copy of your discharge order and the final report from the bankruptcy trustee. These documents will list all the debts that were included and discharged in your bankruptcy case.
Regarding your specific... View More
I listed a student loan that was in collections by the collection agency and not the Illinois Student Assistance Commission…is that discharged?
answered on Feb 1, 2024
Just because a student loan is in collections doesn't change the type of debt. The only way to discharge student debt would be to file an adversary case specifically against the student loan debt. If you didn't file this special kind of case inside your bankruptcy, then no, your student... View More
I listed a student loan that was in collections by the collection agency and not the Illinois Student Assistance Commission…is that discharged?
answered on Jan 22, 2024
You don't get a list of discharged debts, unless your bankruptcy lawyer provides his opinion about that.
Your Order of Discharge says only that your discharge is of all dischargeable debts.
The Bankruptcy Code itself is somewhat helpful, with provisions about what needs to be... View More
What are my best options since I cannot afford to pay to fix car and make my loan payments. I live in Loves Park, Illinois.
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answered on Jan 3, 2024
In your situation with a car that's costly to repair and still under a significant loan, there are a few options to consider. Firstly, check if your car is still under any kind of warranty. If it is, some or all of the repair costs might be covered, reducing your financial burden.
If... View More
I have a manager-managed LLC, Hunter LLC, created for producing an indie film, and I am a member. The LLC is managed by another LLC, Skyfire Productions LLC, of which I am the only member. I usually file taxes by March 15th, but last year, I mistakenly didn't hit "submit" on the tax... View More
I'm considering filing for bankruptcy, but I'm unsure whether Chapter 7 or Chapter 13 is better for me. I have a car with a $10,000 loan on it, my monthly income is about $4,000, and I have around $22,000 in personal loans and credit card debt. I'm also concerned about not having... View More
answered on Mar 11, 2025
You’ll need to file your last three years taxes before you file and bankruptcy. You do not mention what assets, if any, you own. Consult a bankruptcy lawyer beat you to help you determine which chapter is fright for you.
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