I have an attorney who has been working on this since July of 2022. As of yesterday she is telling me that she is waiting on the court to give her a hearing date.
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answered on Sep 8, 2023
To initiate a bankruptcy case in federal court, your attorney must prepare and file a bankruptcy petition along with various supporting documents, which generally include schedules of your assets, liabilities, income, and expenditures, a statement of your financial affairs, and in the case of... View More 
answered on Aug 4, 2023
If your business is a sole proprietorship, then yes, when you file for bankruptcy relief, all assets and liabilities of both you and your business are submitted to the bankruptcy court and subject to the claims of creditors.
If your business is in corporate form, and you've been... View More
answered on Aug 4, 2023
Forgot to mention- if your business has been operated as a partnership, with you as a general partner, then you will be personally liable for any unpaid partnership debts. That is true even though a partnership is deemed to be a separate legal entity, entitled in its own right to file for... View More
answered on Nov 27, 2022
In a word, yes. For both Schedule I and the "means test" reflected in Official form B-122, your annualized income from all sources includes food stamps (note that the means test reaches back six months from the date of filing of the bankruptcy).
al contract.
answered on Aug 22, 2022
You don't give enough facts to allow good advice.
If your purchase contract is in writing, and is a longer term installment contract, you should be able to affirm it as an "executory contract" once you file for bankruptcy relief, and that's even more so if you are... View More
I have been paying for 58 months on a ch. 13 plan. My lawyer just emailed and said I owe $7500 more dollars. I pay $750 a month. They asked if I wanted to pay a lump sum or try to extend my payments for 6 months Nothing has changed since I filed and I made every payment. Is this common?
answered on Jun 14, 2022
I looked into this for a client last fall, and the cases seem pretty clearly to say that the five-year period for a Ch. 13 confirmed plan cannot be extended beyond five years.
It may be that some creditor(s) have filed proofs of claim enlarging the amount you must pay to be current on,... View More
Also not really any equity the home if was to sell. Usda done a moratorium to defer payments it is back to where I am making payments but I am a few behind credit report shows loans in forbearance
answered on Apr 29, 2022
When you file for bankruptcy any property you own will be classified as exempt property or non-exempt property.
Exempt property is safe during the bankruptcy.
Non-exempt property can be sold for the benefit of your creditors.
Each state is allowed to decide what exemptions... View More
A collector tried to have me served for civil court but had an old address in the wrong county. That case has been canceled but they now have my correct address. When I originally hired the attorney there was no equity in my home. Since then the market has changed and there's to much equity... View More
answered on Apr 27, 2023
You should confer with an attorney about pursuing a lawsuit against the bankruptcy attorney. If what you state is accurate, and I have no reason to doubt it, his failure to file the bankruptcy case caused you damage. Plus, he took your money.
Unfortunately, his failure to file is not a... View More
2nd year filing taxes with chapter 13, but 1year married. Jointly my tax return will be $3063. My plan states that if I file jointly debtor may retain $1500- is that from the total $3063 or do they take in account some of the refund is my husband's? I have seen it separately and my husband’s... View More
I'm close to my retirement age. I have not received any information on this sense they went bankrupt
answered on Sep 11, 2022
Contact the bankruptcy trustee. They may be able to tell you the name of the current plan admin and the status of it.
answered on Jun 16, 2022
Move to hold them in contempt for violating the bankruptcy stay.
He resides with me and when he cosigned my loan, he was in good health and I did not have POA then.
Some income goes on other forms so I don't know where to start
answered on Dec 6, 2021
It’s impossible to give advice on this matter without seeing the actual income information. I highly recommend you hire a bankruptcy lawyer to help you amend and file correctly.
Can an Article I judge deprive the US Court of Appeals of subject matter jurisdiction ?
Leaving them with no access to any funds and never attempted to go through current employer first for garnishment. Nor accepting a payment plan that was suggested but turned away by plaintiff refusing money unless it was what he set forth reasonable.
MO child support court ordered debtor to pay both monthly support to custodial and debtor to pay monthly health insurance. Trustee paying just health.
answered on Jul 15, 2021
You need to review your own plan that you submitted to the court and make sure that the payment is in there. Talk with your attorney if you cannot find it. Do this IMMEDIATELY, as the payments are going to other creditors. The trustee has no way of knowing your intent if not in writing. If it is... View More
Had a stroke on Feb1st. Spouse filed for divorce in NM. No representation, and not sure if I will ever work again. Would love to have some kind of representation as I am already having a hard time grasping an understanding due to the stroke.
answered on Apr 1, 2021
You could seek to have the venue changed to Missouri, depending on your mobility and where the marriage was filed, etc. I would speak to a family law attorney near you and see if they can offer more guidance on the specifics of your case.
Also, would this prevent having to file bankruptcy?
answered on Mar 26, 2021
You can certainly make an offer or lump sum payment to stop a garnishment, assuming the creditor will agree. This will not keep you from filing bankruptcy, however a large payment to a creditor within 90 days of the date you file bankruptcy would be deemed a preference, or a preferential payment,... View More
I’m contemplating filing bankruptcy. I’m on social security and this is my only income. I live in a mobile home that is paid for and no type of savings or stocks. I have unsecured debts and a vehicle repossession already.
answered on Mar 16, 2021
Yes. You can be sued for any reason. Collecting on that suit is an entirely different matter.
All debt is unsecured. We own a mobile home and the lot, also 3 vehicles- newest is a 2005 pickup with 300,000 miles and the other two aren’t drivable. Will we be able to use our stimulus check to make home repairs? Also, can we also use the funds to pay the attorney fees?
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