will not set up payment plan. I have made several offers of monthly amounts that I can pay but they will not accept. When in court the judge told me to call and set up payment plan but now that's not happening. What should I do?
answered on Jun 6, 2023
Did you call the actual creditor or did you call the attorney for the creditor. If oyu called the actual creditor, then I would contact the attorney for the creditor and make the same request----usually they will either discuss your request and pass it on to the creditor, or they will provide you... Read more »
Thank you
Kellie
answered on May 21, 2023
If you file for Chapter 13 relief, there is a "co-debtor stay" that takes effect when the Petition is filed with the bankruptcy court, which pertains to claims that are "dealt with" by the Plan.
If you file for Ch. 7 relief, there is no co-debtor stay, and the vehicle... Read more »
He lives in the home. We are both listed on the deed to the home but I am on the mortgage alone. If he files chapter 13 bankruptcy and includes the home, would this stop the upcoming sale and foreclosure? If Ch. 13 temporarily stops the sale, what are the steps he should then take to keep the... Read more »
answered on Aug 22, 2022
This may not be possible but he needs to purchase your interest from you and/or "refinance" the mortgage from your name to him name. Refinance is probably not the correct term in this instance since he is not on the mortgage but I assume that the reason for the foreclosure is that you... Read more »
He lives in the home. We are both listed on the deed to the home but I am on the mortgage alone. If he files chapter 13 bankruptcy and includes the home, would this stop the upcoming sale and foreclosure? If Ch. 13 temporarily stops the sale, what are the steps he should then take to keep the... Read more »
answered on Aug 19, 2022
When a Ch. 13 case is filed, there is both an immediate automatic stay prohibiting creditors to proceed against the debtor and/or his assets, and importantly, there is also an automatic "co-debtor stay" to prohibit creditor actions against other non-bankrupts who are jointly liable with... Read more »
What are drawbacks of separating/divorce?
answered on Jan 3, 2022
Generally speaking, when a bankruptcy case is filed, a protection called the automatic stay goes into place that prevents creditors from trying to collect against the person that filed bankruptcy (i.e., the "Debtor") or against their property. Usually when a motion to lift stay is filed,... Read more »
answered on Jan 1, 2022
The Bankruptcy Code, and the several Schedules of assets and debts, signed under penalty of perjury, do NOT permit you to "exclude" any debt or claim, or any asset. If you failed to mention your home mortgage indebtedness, amend your bankruptcy Schedules as soon as possible.
At... Read more »
I've had multiple strokes and am now immobile. My only income is SSA. Can my bankruptcy payment be reduced?
answered on Dec 2, 2021
Yes, your plan payment can be adjusted even after your plan has been confirmed.
Your bankruptcy lawyer should be consulted, and should do the modification for you without further charge.
1. being as the home and land, under my name in Missouri was purchased BEFORE we married,
2. WE OWN a mobile home IN TEXAS with no land under her name bought AFTER we were married that WAS OUR MAIN RESIDENCE,
3. and a RV PURCHASED AFTER MARRAGE in Louisiana ?
Also... Read more »
answered on Nov 8, 2021
If Louisiana is your permanent address, and you have no plans to move in the immediate future, you can file in Louisiana. I would defer to someone who is familiar with the divorce laws of the other states to say if you can file in one of the other states.
I LIVE IN LOUISIANA, MY SOON TO BE EX WIFE LIVES TEXAS AND SOMETIMES IN MISSOURI. WE HAVE PROPERTY IN BOTH STATES . ALSO, I WAS NEEDING TO KNOW WHICH ISSUE NEEDS TO BE HANDLED FIRST ? I NEED TO FIND A LAWYER WHO HANDLLES BANKRUPTCY, COMMUNITY PROPERTY AND DIVORCE OVER MULTIPLE STATES. HOW... Read more »
answered on May 30, 2021
Possibly, yes. It depends on why your license is flagged and the reasons for the suspensions.
I was told it was ok to leave the $ in my checking account and the trustee could not take it. Is this correct?
Will they ask for his bank statements being that he is not filing. He’s receiving unemployment. They did ask for pay stubs showing he received unemployment, but my question is being that he’s not filing do they normally request a non filing spouses bank statements?
answered on Mar 3, 2021
When one individual in a household seeks bankruptcy relief, the income of other household members is of interest to the Ch. 7 Trustee, because of the "means test", which determines eligibility to be a Ch. 7 debtor (compared to a Ch. 13 debtor). The presumption is the nonbankrupt... Read more »
I filed Chapter 7 in Louisiana..I was told that the trustee can't take my EIC or Child Tax Credit from..is this correct?
answered on Jan 14, 2021
In the Northern District of Alabama Western Division - the Trustee does not take your EIC or Child Tax Credit
Due to losing his job and unable to find work Due to COVID. The chapter 13 included $15,000 in irs debt and we were told everything in the chapter 13 would be included in the chapter 7, we even have emails from the attorneys legal assistant indicating they were included and the judge signed off... Read more »
answered on Jan 6, 2021
There's only one "kind" of Ch. 7 bankruptcy cases, and the Bankruptcy Code is a federal law, so applies equally in every state.
When a bankruptcy case is filed and the sworn Schedules are completed and filed, EVERY claim/debt must be listed, with creditor's name and... Read more »
March 2020 had to convert to chapter 7. Included in the chapter 13 was $15,000 of irs debt due to taxes on wages earned in 2015 and 2017, when the 13 was converted to chapter 7 we were told everything in the chapter 13 would be included in the chapter 7 he even has emails from the attorneys legal... Read more »
answered on Jan 6, 2021
It's because taxes are generally non dischargeable, meaning it survives the bankruptcy case. When a case is converted to chapter 7, the same debts remain in the case. The IRS not receiving notice of the discharge is irrelevant, because you could always send them a copy after (and this is sent... Read more »
My re-affirmation for my vehicle was approved in my chapter 7 bankruptcy. When I purchased the car, my dad co-signed for me. My car now needs repairs that are too expensive given the value of the car. I want to cancel the reaffirmation and turn over the car and purchase a new car. What happens... Read more »
answered on Dec 29, 2020
No. The co-signer will still be held to answer for the deficiency if you cancel the traffic.
answered on Oct 16, 2020
Yes, you can file for bankruptcy more than once in your life, but it’s a matter of timing.
Section 109 of the Bankruptcy Code provides-
(g)Notwithstanding any other provision of this section, no individual or family farmer may be a debtor under this title who has been a debtor in... Read more »
I want to get the title in case I get the car running again so I can trade it in or sell it
answered on Oct 5, 2020
No. They cannot. However, Louisiana is a lien state which means the lender keeps the title til the car is paid off so you are out of luck until you pay off the car.
I’m currently studying for the exam but may have to file for bankruptcy soon. Will this affect my future intentions of becoming a Notary Public in the state of Louisiana? Can this be used against me?
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