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... Read 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...Read 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...Read 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...Read 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...Read 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...Read 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... Read 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... Read 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... Read more »
I am basically broke, paying child support etc...this is a judgement I am trying to get rid of, they will not settle. Is there an attorney out there that will help with this, I can cover the filing fee's but that's it.
Every trial they brought up the most disturbing cases against me. I would either have the proof, which I gave my attorney, who NEVER fought for me, or I would get it right after trial. But NEVER able to defend myself. Me and my lawyer sat quietly the whole time while they badgered me over and... Read more »
I am a pro se Creditor in a Boston chapter 13 bankruptcy and filed an objection and motion to dismiss. A non-evidentiary hearing for both is set less than two weeks from now. What happens in the non-evidentiary hearing, and how can I best prepare for it?
My ex-husband filed for chapter 13 the second time and shortly thereafter filed a spousal support modification action to reduce or eliminate alimony. He will not pay any spousal support after filing bankruptcy, using the pending modification action as the reason. The support order is current and... Read more »
The stay does not pre ENT him from paying maintenance nor is it a legal justification to no pay. In most jurisdictions, however, modification if granted are retroactive to the date of filingvof the motion. You filing s contempt motion for nonpayment May be in order.
This is not the right place to seek legal representation. This is a free public forum designed to allow members of the general public to ask participating lawyers general legal questions. If you want to retain a helpful lawyer, pro bono or otherwise, you should use the “Find A Lawyer” tab at...Read more »
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