If the business ends up failing and I have to file Bankruptcy will this new line of credit be able to be included in BK?
Yes.
Tried to back out of contract but bankruptcy lawyer is threatening I will be sued by sellers or bankruptcy court if I don’t follow through with sale. Bankruptcy was never disclosed to us in purchase and sale agreement (only in addendum stating “sale of home contingent on court approval”) the... Read more »
This is a complex situation which really requires a lawyer to know all the facts and review all the documents before they can advise you. All I can tell you is that the Bankruptcy Lawyer is motivated to get top dollar for their client. They need to sell the house for more than is owed on the... Read more »
Just take it to the lender when you leave town and drop the keys in the night deposit.
Also, if the bank will take the house for what's owed to them, can the surviving family take over the debt so that they can keep the house?
The bankruptcy ends when the person who filed dies. The house not having been foreclosed now belongs to who ever inherits the deceased owner's interest in the house subject to other claims by the deceased owners creditors which may or may not require a probate to sort out. Any foreclosure... Read more »
Liable was done with Malice and attempt to cause harm
I can't speak to the exact procedure in Oregon, but it's probably done by bringing an adversary proceeding to have the debt determined to be nondischargeable. You'll need an attorney for this.
What can I do and please tell me how to find FREE legal services in Portland Oregon? I'm asking for FREE services as my attorney took the money I had for filing my bankruptcy.
Dear Asker,
If you can not get ahold of your attorney via her phone or email you can contact the Oregon State Bar about reaching out to her to resolve any misunderstanding or fee dispute. https://www.osbar.org/feedisputeresolution
You can call oregon legal aid to discuss... Read more »
What problems will this cause my relative if I file.
It shouldn't cause a problem unless the purchase papers have some type of clause that triggers something when the co-signor files bankruptcy. You and the purchaser should review the purchase documents that you co-signed. I would be surprised if there was anything but since I can't... Read more »
I’m planning on filing for bankruptcy due to a couple of lawsuits after car accidents and prior debt. I am receiving a packet from my local legal aid office and taking this sort of “class” or something in March to get the process started. I’ve read online that I should stop paying back... Read more »
As an Attorney I would not risk giving you advice on stopping payment on your debts without knowing all the details of your case, ie without you coming to see me as a client and we do a thorough evaluation of your situation. Any payments you make on debts prior to your bankruptcy is probably money... Read more »
The debt is Legitimate.
Yes. It is legal.
It works so long as the co-buyer agrees and actually makes the payment.
Been living on same property paying rent with my girlfriend, what are my rights and what can I do ? She won't divorce cause of bankruptcy.
Impossible to say without substantially more information. In any event, get the bankruptcy done first and that will make life easier in the divorce.
Filed bankrupt chapter 7 july 25 2019 it discharged october 28 2019 I got a 72 hour notice to pay august september october rent can they charge me for those months
They can if you were living there or didn’t list it as a debt.
1. When one spouse has credit card debt in his name alone, does the Family Expenses Statute apply to routine expenses like groceries and utility bill. More generally, I am wondering when credit card debt can be considered joint debt of both spouses even though it is in the name of one spouse.... Read more »
1. All debt acquired during the marriage is presumptively marital debt regardless of whose name it is in.
2. Yes, to some degree depending on how much total equity is in the house.
3. It will be if it is an arms length transaction between divorcing spouses. It may not be... Read more »
I’m a stay at home mom wanting to keep my business so I can afford diapers and formula for my kids. I have to file a chapter 7 because I screwed up on my debts. I am working in direct sales of Lularoe.
Should not be a problem to retain the business. Contact a competent bankruptcy attorney to determine the best route for you to go.
I just learned that my grandma's house is in foreclosure and scheduled for auction in about a week and a half on 6/20/19 due to an unpaid loan. If she were to file for bankruptcy, would it take the house off the auction block?
Yes. Call a BK attorney in the morning
I do own the vehicle outright, no liens. It is worth approximately $12k and I have approximately $32k of debt . I have been using this vehicle as my primary source of income through Uber and Lyft for over two years. Will the fact that I use this vehicle for work have any bearing on whether or not... Read more »
In Oregon a debtor can use federal exemptions. You have a certain amount of vehicle exemption and then additional wildcard exemption. If you are not using a homestead exemption (because you rent your residence) then you likely have plenty to cover $12K of equity in a car. You can use the 4K... Read more »
basically a credit company has "bought" my tickets from years ago and they want over 3 times the original amount. since its a credit company can I declare bankruptcy on them?
I've never come across this question in my practice but I do see your point. Basically has the dischargable nature of the debt changes due to the assignment of a non-government agency. So I don't know the answer but it does raise some issues. First you would need to get all the... Read more »
we have filed a Chapter 13 as of last Tuesday the sale dates for my most important properties have come up come to find out I did not personally guarantee anything or personally sign anything it was all under the business entity which means a Chapter 13 does not cover it by bankruptcy I've... Read more »
You need to discuss this with your bankruptcy lawyer. That is the only person with enough knowledge of your personal situation and legal training to advise you. It may turn out that you still need the Chapter 13 for your personal liabilities but you need to revise your filings to accurately... Read more »
the vehicle however it is not being reported to the credit agencies can i turn in said vehicle without repercussions thank you Todd
If you signed a reaffirmation agreement on the Dodge, the lender can still pursue a judgment post bankruptcy for which you would be liable. If you did not sign a traffic, you can simply turn it over to the lender and walk away. Check with your bankruptcy attorney as to what your signed and your... Read more »
need surgery. Aprox. June 2018 forced into bankruptcy loss of job. Aprox. September 2018 bankruptcy chapter 7 is discharged. In November 2018 I reinjured hernia and given 30 lb. weight limit. and reopened workers comp case from almost 4 years ago. If I take a lump sum settlement can the trustee... Read more »
No. If the injury was post petition and the reopening was post petition, the award belongs to you.
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