Peter Munsing's answer Generally no. If someone is harassing on collections, get in the habbit of writing down a note on each call--time, who called
what they said in as exact words as possible. But with a judgement on the loose may be a problem with bank accounts, her wages, so wife should get a consult with an attorney who handles consumer issues.
Lawyers: To answer this question, please Log In to your account.
Kevin W. Chern Esq.'s answer When a bankruptcy case is filed and a landlord has not yet received a judgment for possession, the automatic stay typically stops the proceedings as it does all other collection actions. However, the landlord may ask the bankruptcy court to lift the automatic stay to allow the eviction to proceed. In most cases, filing for bankruptcy will buy a tenant who has not yet been evicted a little time to attempt to catch up, work things out with the landlord or set up a Chapter 13 repayment plan, but...
Lawyers: To answer this question, please Log In to your account.
Kevin W. Chern Esq.'s answer Personal liability for mortgage debt (though not the lien on the property) can be discharged in Chapter 7 bankruptcy. Likewise, a deficiency judgment may be discharged in bankruptcy after the judgment is entered. Depending on the specific circumstances, there may be advantages to filing in advance of the sale, but the debt may be discharged before or after the fact. A local bankruptcy attorney can help you assess the best timing for your particular situation.
Robert Gambrell's answer Sure you can hire a lawyer to do that. However, the lawyer will tell you that you are wasting your money. Bankruptcy is a public record. Thus, the information will be on Pacer for years to come. Right now, we can find some information on Pacer about bankruptcy filings in our jurisdiction that were filed in 1989.
Kevin W. Chern Esq.'s answer Your question isn't entirely clear, but I think you're asking what will happen if you're in Chapter 13 bankruptcy and unable to keep up the payments because your income has declined as your business is failing.
If that is what you're asking, you may have a couple of options available.In some cases, a Chapter 13 case may be converted to a Chapter 7 case. In others, plan payments may be modified based on the new, lower income. For the best option, you should consult the attorney who...
Robert Gambrell's answer If 100% of your equity is exempt under Pennsylvania law, you should be able to avoid the lien under § 522(f) of the Bankruptcy Code. However, you should take the time to meet with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases since sometimes a chapter 13 ends up being your best option even though a client thinks that chapter 7 is what he/she needs. Most attorneys will meet with you at no charge for the initial appointment. You can use the Justia "Ask a Lawyer"...
Kevin W. Chern Esq.'s answer In bankruptcy, certain property is exempt (protected from creditors). The Pennsylvania exemptions don't provide specific protection for motor vehicles. Generally, a motor vehicle is treated like any other asset, which may be subject to sale by the trustee for the benefit of creditors.
However, a person filing for bankruptcy in Pennsylvania has the option of electing to use the federal exemptions rather than the Pennsylvania exemptions. The federal exemptions do protect a certain amount...
Robert Gambrell's answer Through the years, I have seen many people that filed bankruptcy for them selves and ended up losing assets that they could have kept had the had representation and that have agreed to reaffirm and pay back debt to keep items on which they could have avoided the lien instead and paid nothing to keep the items. The answer is yes, you can file bankruptcy pro se. The real question is it a good idea, the answer is no.
If your truly cannot afford an attorney, then you should qualify for...
Donald M. Hahn's answer There is a website called PACER (Public Access to Court Electronic Records) where you can search for parties in bankruptcy cases for 10 cents. However, you need to set up an account. The website is as follows:
Donald M. Hahn's answer Paying during the grace period is still paying late. If a bankruptcy petition were filed after the date the mortgage payment was due but before the date the mortgage payment was actually made, the debtors go into the bankruptcy case behind on their mortgage. The post-petition payment should technically be credited to the next month's payment, rather than the prior month's payment, because the prior month's payment became due before the case was filed. In a Chapter 13 case, this creates a...
Donald M. Hahn's answer You should be able to keep credit cards with zero balances at the time you file. However, that depends upon the creditor.
If you owe the creditor less than $600 and really want to keep the credit card, you may wish to consider paying it off before you file.
If you owe the creditor more than $600, please be advised that paying a single creditor more than $600 within 90 days before a bankruptcy may be avoidable as a preferential transfer. In such cases, I would question whether...
Robert Keyes' answer Need more information. Are you a creditor? Whose car are you talking about? Why was car towed? If you are the creditor, you need to contact a bankruptcy attorney in your area. Return of a repossessed vehicle is somewhat a local issue.
Tudor Neagu's answer Yes, bankruptcy filings and docket entries can be retrieved electronically at https://www.pacer.gov. You will need an account, and pages cost a few cents each, but it contains filings going back even longer than 4 1/2 years. An attorney who has a Pacer account can easily retrieve that filing for you.
First, does the debtor owe you money? Have you sued and recovered a judgment against the debtor prior to filing bankruptcy? Or did you have security interest in anything, like a lien on a car? Who is the debtor? A business or a person? What kind of bankruptcy did the debtor file - a chapter 7 or chapter 13 (if a person)? Or chapter 7 or chapter 11 is a business?
Mark Medvesky's answer The quick answer is yes. The challenge is how to divide the bills and assets. But you can do it and should if you need it. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.