It might seem odd to say but you might just be "judgment proof". In other words, you might not have any non-exempt assets or income for an unsecured creditor to pursue. If that's the case and if you can stomach it, you can essentially ignore the calls and letters. However,...View More
This is a difficult question to answer without asking you more detailed questions. For example, generally speaking, if you spend $500.00 or less on necessities I would say it is not a problem. If you spent a large amount of money and the trustee feels for some reason that the money was not exempt...View More
because my income is low i have been living off my credit cards,i have no way to pay them off as they got out of control,i mainly bought food and would pay bills.i dont want to leave my love one stuck with the bills as he has no idea how i have been suffering.do you think you can help me?
I filed Chapter 13, then converted to Chapter 7 some years ago. Which date would be used to determine whether I could file Chapter 7; the original filing of Chapter 13, or the conversion to Chapter 7? I have asked a bankruptcy attorney, and they felt that it would be the date of the original... View More
The Bankruptcy Code provides that with any secured claim, the debtor can return the collateral to the lender in full satisfaction of the lender's secured claim. Expect some argument over the current value of the car, as that will be the value of the lender's secured claim (there is some...View More
On paper, she is not low-income ($42,000/year) but owes $7K for electric and many other debts. If she foreclosures is she still responsible for the mortgage? (She cannot pay that and rent also.) Would Chapter 11 be a better option for her? Can she rent an apartment after Chapter 11 or will... View More
A Chapter 7 bankruptcy sounds like it may be in her best interest at this time however I can not say this absolutely without a full interview. You can call me or another experienced bankruptcy attorney and they should be able to give you a good solid answer and plan to move forward. A chapter 7...View More
Yes. No matter what the name of the loan or lender is, if it is an unsecured loan and not a kind specified as non-dischargeable (under 11 USC 523), it can be discharged. If a lender "forgives" the loan it could raise tax issues (phantom income).
The main things are that the Creditor was listed and you received your Discharge. Assuming they were listed, the Creditor was on Notice of your Bankrutptcy and was sent Notice of the Hearing and Right to Object or File a Complaint to Determine Dischargeability. The Creditor was also sent a Notice...View More
If you file for chapter 7 bankruptcy you will not be liable for the mortgage payment. However, if the mortgage is not paid the mortgage company will foreclose on the property. If you are asking if you can live in the property and not pay the mortgage the answer is no. If you do not live in the...View More
The attorney's fees can vary greatly depending on where you live, the type of debts that you have, the amount and types of assets and real estate that you own. Based on what you described, the attorney's fees would probably be about $1,200.00 and the court filing fee is $338.00. There...View More
It sounds like this is a second mortgage and is recorded at the registry of deeds. This debt would be secured by your property if that is the case. The only way to be able to refinance is to either pay the debt in full or to try to negotiate a lump sum settlement amount and have the lender remove...View More
My family member is mentally ill, and I am also his representative payee. I have provided financial assistance for lodging totaling approximately 10k in smaller amounts over the course of 2 years. The money I had provided went toward keeping him from homelessness. Does this still fall under the... View More
This CH 13 BK and adversary proceeding was handled by an attorney I hired (and who is now deceased). I ONLY started digging into the facts because the opposing attorney brought it up There are strong possibilities that not only was FOTC committed, but also, the judge's order was not complied... View More
We hired a general contractor to build an addition to our home, and he filed bankruptcy in the middle of the project. We can attempt to obtain money from a state guarantee fund, however in order to file a claim with this fund we need a judgement against the contractor. In order to obtain a... View More
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