Once a bankruptcy case is filed, the Code provides that you can tender the collateral to the secured lender in full satisfaction of the secured portion of its claim (there may be disputes about the value of the collateral).

Short of a bankruptcy filing, you can certainly offer the car to... Read more »

As your brother's bankrkuptcy was dismissed, for cause, three years ago and no appeal from that dismissal is pending, you may proceed as if the bankruptcy was never filed (there's a specific Bankruptcy Code section that says that).

For that reason, I recommend that you proceed to... Read more »

The moment you file for bankruptcy relief, an automatic stay is issued against any creditor's attempt to collect a debt, and that applies generally to state and local governments as well.

If, as it appears, you are now a PA resident, you are required to have a PA driver's... Read more »

i've been practicing law, about half of it in bankruptcy cases from Oklahoma and Texas to PA, DE and NJ, and I have yet to witness any court, bankruptcy or otherwise, make any payment to anyone, lol.

A Chapter 7 trustee is appointed over each Ch. 7 bankruptcy. The trustee steps into... Read more »

If he is required to pay for your attorney by a matrimonial order, this would be a domestic support obligation (DSO), which is not dischargeable in bankruptcy (meaning whatever is not paid through the bankruptcy, he would still owe the balance). Ex remains liable for the DSO regardless of whether... Read more »

Any bankruptcy case deals primarily with "claims" existing on the date of filing, not so much the entities that hold those claims. However, initially, the court requires that a full list of all creditors with claims on the date of inception of the bankruptcy case, with names and... Read more »

Yes, certain information (personally identifiable information) needs to be redacted. See Federal Rule 5.2, a copy available here: https://www.law.cornell.edu/rules/frcp/rule_5.2 (this might not be the most updated version of the rule).

More importantly though, what is it you seek to... Read more »

You're right on to be concerned about privacy of litigants and disclosures through exhibits. the PA courts all have extensive rules about pleadings and exhibits, and what cannot be made public, and you should google those regarding disclosures through pleadings. (All filings in PA courts,... Read more »

Credit reporting does not affect the time in which a creditor can collect a judgment. A creditor with a money judgment in Pennsylvania can collect against the debtor's personal property, including money in bank accounts, for up to 20 years. In addition, as my colleague noted, judgments become... Read more »

David Kennedy Bifulco Esq. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023

Judgments become liens on all Real Property the person owns in the County where the Judgment is recorded. Judgments need to be renewed every 5 years to retain the lien and its priority against the Real Property. You should contact an attorney that has experience in Real Estate and Foreclosure Law... Read more »

Was the debt a mortgage loan? Form 1099A is used to determine capital gains and losses on abandoned or foreclosed property (usually real property.) When you surrender your home in bankruptcy, you may receive a form 1099A from your mortgage lender, most often if (1) the property is vacant and (2)... Read more »

Based on the information you provided, bankruptcy may be an option. If unemployment is your main source of income and you have limited assets, it is likely that you qualify for Chapter 7 bankruptcy. However, there are other factors to consider, such as a spouse's income (if you are married),... Read more »

It's important to note that legal advice cannot be provided on this forum. This is informational only.

The car loan is a secured debt (in the amount of the value of the car), and is not dischargeable in bankruptcy. Bankruptcy might help if you owe a lot more than the value of the car... Read more »

To be eligible for a Ch. 7 (liquidation, although you keep exempt property), you must have earned something less than the "median income" for your region (you can google it, as it fluctuates). If you have been below the "median" for the last six months, you are eligible for Ch.... Read more »

Justice Clarence Thomas, in the Dewsnup opinion, wrote for the majority that in a Chapter 7 case, a validly perfected mortgage lien against property cannot be "stripped down", i.e., is not affected by the bankruptcy filing (the opinion strangely held that section 106 of the bankruptcy... Read more »

Richard G. Fonfrias Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2022

Great Question!!

An overpayment of social security benefits can be discharged in bankruptcy. Since it is a general unsecured nonpriority debt. It just happens to be owed to the government. But, the Social Security Administration (SSA) can object  if it determines that the overpayment was... Read more »

Yep. Pretty much all the credit card issuers by now have software that alerts them whenever one of their credit card holders files for bankruptcy, and, electronically, the bankrupt's access to future credit is terminated (at least until entry of the bankruptcy discharge, and then the debtor... Read more »

Yes, you could potentially file for Bankruptcy on a Judgment that you can not afford to pay. There are many criteria that have to be satisfied, and I would urge you to seek out counsel in your state to assist you, but yes, this will not prevent you form filing, and this is the reason bankruptcy... Read more »

Absolutely. Judgments are one of the main reasons that individuals chose to file bankruptcy. You may want to move quickly as once the creditor receives the judgment, they can engage in post-judgment activities like garnishment or seizure of assets.

There is no particular law/statute that prohibits your request for extensions of credit after entry of a discharge order in your bankruptcy case.

However, as a practical matter, because the filing of your bankruptcy will be picked up/shown by the credit bureaus as a "public... Read more »