Would I have to have the Ch13 in NYS dismissed and then refile in MD? The payments to the trustee are too high. I'm struggling to pay it. Also, I owe student loans. I Am planning on going back to college. You do not have to pay back student loans while you are in school at least half time.... Read more »
You can dm your 13 in NYS and refile in MD once you meet the residency requirement. Probably should enroll now and get deferment status in place before you file in MD.
I am selling family home. Brother refused to give me the lawyer name who filed the bankruptcy so I can make sure it was not added to bankruptcy case?
Unless sealed by a judge, all documents in a bankruptcy case are available to the public. Call the BR court.
I have completed my schedule A/B and other forms that are due tomorrow. I just need to know if I place only my 50% interest on my schedule a/b as this drives my answers for schedule c exemptions and other docs as you know. I would appreciate any feedback but I don't have time to discuss details.... Read more »
You have to list the house as an asset in which you have a 1/2 undivided interest in the bankruptcy petition. But if you’re filing a 13, it’s a repayment plan so none of your assets should be in jeopardy.
It doesn’t disappear ever. When a Chapter 7 is filed, the automatic stay is created. If the 7 goes to fruition, debts are discharged in about 90 days. If it is a Chapter 13 repayment plan, it can be up to five years.
Yes, if you haven’t been charged criminally.
& I die - can they take my life insurance of 10,000. for which my son is beneficiary? He is not on any of my accounts, but would be my executor to my estate - which is worth very little.
No. The life insurance passes outside the estate directly to your son as beneficiary. It is safe.
The beginning of the measuring period is the date you knew, or should have known, of the wrong. It is generally 36 months for contracts and civil lawsuits. There are exceptions: in some cases measuring years are shorter (one year for assault and battery) and longer (12 years) for contracts under... Read more »
What does that mean, and how long will the other ten closed accounts be after me to do the same thing? Should I look into filing bankruptcy to rid the rest of closed accounts with a pro bono legal aid someone that doesn't charge to take your case?I have no money to pay high price chapter 7 and want... Read more »
The return date is simply the date by which the summons must be returned as served on you by the plaintiff, or it expires and they must have a new summons issued. If that happens, the trial date may also change. If this is a suit for debt, and you owe a lot more, then yes you should consider... Read more »
I've called and left messages to one of the legal aid but no one has gotten back to me yet. Meanwhile looking else where or online to check other pro bono legal help, some law firms show to file bankruptcy only $500. I know that's a scam. If you know of any please by all means email me!... Read more »
Legal aid will help you prepare the documents, but probably will not be able to adequately advise you the same way an attorney would and does not actually represent you. You might end up being ok filing yourself, but so many things can go wrong that you wouldn't know about in advance. I highly... Read more »
As I said before I received a summons on Tuesday and have till June for court, can pro bono stop the other creditors or contact them that I'm filing bankruptcy because I have no funds to pay them. What really saying can they stop them right away or its gonna take months before they contact the... Read more »
The creditors harassment will stop immediately upon filing the petition, regardless of who filed it for you.
I am filing Chapter 7 Bankruptcy in the state of Maryland, trying to protect primary vehicle that has lien from Navy Credit Union and need to know what schedule do I list the car and where do I add the Wild Card
Personal property under federal bankruptcy exemptions
$5000 (applies... Read more »
Car goes on schedule A/B and Exemption goes on Schedule C.
Trying to protect vehicle that is Primary used for work from Chapter 7 Liquidation by Bankruptcy Trustee in the State of Maryland. On what form do I add the Maryland Wildcard exemptions MD Code Ann. C & JP § 11-504(f), & MD Code Ann. C & JP § 11-504(b)(5), is it the Schedule C? Please advise...
Schedule C
I have a chapter 13 that I finished paying in April 2018 and one of the creditors has been unreachable and they cannot send the payment to them so the Trustee will not close the case or discharge it until this happens, but in the meantime I am in need of buying a new car and nobody will give me... Read more »
The Chapter 13 Trustee could escrow the funds with the Court, and allow your Discharge. I would look into that option
That would be in about 8 months.
(Need time to get settled & all).
So:
What action could my unsecured
Credit cards companies & medical bills take against me in that 8 months, if I stop paying now. (No payment starting February)?
Can they go after my son &... Read more »
They can sue you, but they cannot sue or get a judgment against anyone other than you if the debt is just yours. They cannot use a judgment against you to attach assets belonging to someone else. Most creditors do not file suit that fast after stopping payment. The debts get transferred to debt... Read more »
a mechanics lein on my car?
You have been extremely helpful giving me vital advice for this complicated (for me) matter. Many, many thanks. I think this is the last question.
If you charged them to your account, the answer is no. Usually, they will just keep the car until the repairs are paid, so if you have the car, it’s just an unsecured debt.
No, not unless the property is in your name.
I have a car worth about $500.00 and used second hand furniture with very minimal value. I have little else. Can my creditors garnish my Social Security (I get $1,470.00 per
month - net).? Can they possibly attach what little personal property I have?
You have certain exemptions under state law which can protect your property. They CANNOT garnish your social security.
• How do I prove residency to show
the 180 days?
•. If they sue me during the non-
Payment period, what legal action
can they take against me?
Apply for a Florida license as soon as you get there. Issue date is proof. Same with utilities. Establish as soon as you get there. You have to certify on your petition under penalty of perjury that it’s true. If and when they get a judgment, they can garnish your wages and attach your real... Read more »
That would be in about 8 months.
(Need time to get settled & all).
So:
What action could my unsecured
Credit cards companies & medical bills take against me in that 8 months, if I stop paying now. (No payment starting February)?
Can they go after my son &... Read more »
They can sue you for nonpayment of the debt, although usually that takes more time than 8 months. Once you move to FL, you’ll have to wait 180 days before you can file there so you might want to consult s bankruptcy attorney in MD and see about filing now.
2017. One of the creditors keeps returning the check to the trustee so the final report has been pending since March 2018. How long can this keep going? I can’t get a discharge without the final report.
Have your lawyer make a motion for the final report to be rendered.
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