Hello im getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt. I was wondering if i could settle the debt before going to court and if so how to go abour that. Ive never been sued so i have no idea what to even do or who to contact. My citation papers were served on... Read more »
It's extremely important for you to file an answer in a case like this, so they do not get a default judgment against you. For this amount of money, it's probably not cost-effective to hire an attorney, but if it was for a larger amount, definitely seek counsel.
And to... Read more »
If I file bankruptcy will this free me completely from the debt of the house? it’s going to foreclose and he is trying to get me to agree to put all the debt on the back of the loan. My ex is in another state (oregon) I haven’t lived in the home in over 5 years. I know he is in contempt for... Read more »
I think you are correct in being pro-active.
You need to consult a lawyer in Texas who does bankruptcy. You don't say where the house is, what your interest is, nor any detail necessary for complete advice.
Don't wait for someone else to do what you can cure in one... Read more »
I am in Texas, and bought a car from a Buy Here Pay Here dealership a few months ago. I ended running into financial troubles, and the car was repossessed. Because my financial situation was so bad at the time, I ended up letting the car go. After doing some research I learned they could still... Read more »
They can still collect it and will attempt to collect it in the future. Be very careful dealing with the car lot.
The bank likely received an order from the court lifting the automatic stay to proceed with the foreclosure. This is not uncommon and they can do this for various reasons - no equity, no adequate assurance, you haven't been paying the mortgage post petition... etc. Take a look at your... Read more »
I know the back child support can never be washed away, but if by recording the Chapter 7 bankruptcy, will keep me out of debtors prison or jail?
Is this a true statement about filing bankruptcy, If you are behind on child support?
Filing a chapter 7 will get you out of jail by... Read more »
The automatic stay does not apply to criminal proceedings or domestic support obligations. Bankruptcy Code 362(b)(1) and (2).
(b)The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of... Read more »
I filed for chapter 7 in Texas with over 10,000 in checking accounts. 100% of this money is from unemployment compensation so I claimed it all as exempt. I told my trustee that at 341 meeting, and he said that it might not be exempt.
I was expecting him to ask for bank statements which... Read more »
It’s not normal. But it is permissible as most debtors don’t have 10k in the bank. Give him the apps and let him see it is all unemployment.
My application (which I submitted in March) was neglected, handled improperly, and went against protocol for the review process. It is still in review today. As a result I was forced to either face eviction or not renew my lease at my appartment. When I contacted the program, they specifically... Read more »
Doubtful. The state has sovereign immunity.
After judgement was issued I never heard from the creditor again. It was my local bank and I live in Texas.
It may still be valid. You should check the statute of limitations on judgments in the state where it was issued.
It’s not illegal unless you know it is illegal and participate in it anyway.
I found out this was from years ago, and am I believe my ex wife opened the credit card and I was unaware of it. I gave an answer to the court and am now awaiting whatever comes next, not sure if I need to secure an attorney for an anticipated court date. ANy guidance and advice would be... Read more »
Hire an attorney snd let them defend it for you. If it is tears old, there may be many defenses available to you of which you are unaware.
We have decided to file for bankruptcy and have tax issues that figure into the equation.
If you've already filed bankruptcy, you can just file a suggestion of bankruptcy to let the court know that it can't take any action on the civil case. If you haven't filed bankruptcy yet, you'll need to file an answer, and let the court know about the bankruptcy when it's filed.
Want to sell house later without any liens being placed ,he is currently living in house.
If the house is homestead, the lien won't attach.
When you say you two have a "life estate deed together" I don't know what that means. A life estate is only the right to use the house during your lifetime. Presumably one of you has a life estate and the other has... Read more »
I owned an undivided 1/2 interest in my ex-husband's property from our divorce 15 years ago. I gifted it to my children 8 months ago so that it wouldn't have to go through probate at my death. Will this be a problem if I file for Chapter 7? I received no money and own no other property.
That is likely to be a problem as it will probably be considered a "fraudulent transfer". Speak to a local bankruptcy attorney for possible solutions, as there may still be a way for you to file that doesn't cause a problem for you or your children.
Yes, if it was included as a creditor in your 13.
The only income my husband and I have is social security income and his VA disability payments. We were married in 2019. Before our marriage, I accumulated much credit card debt. I am now retired, and unable to pay the credit cards. I know that his disability payments are excluded from the... Read more »
Hello there. You are correct that you do not need to input VA disability and Social Security on the means test, but you do need to disclose the income on your schedule I as part of your income. You would also need to disclose it on the Statement of Financial Affairs as well.
My W2 shows a $5000 difference from what was deducted vs what the trustee received. My bankruptcy lawyer has been no help & now my bankruptcy case is being dismissed. Is there anything I can do about this since my money was mishandled by my employer? What/if any law would the employer be... Read more »
Tons of laws! Basically, this would be the equivalent of civil theft. I would first alert the trustee and they may take care of it. If not, I would file a motion to compel in the bankruptcy court to have the money turned over.
For what? Lol
If you meant to ask whether you need a lawyer to file a bankruptcy case for you, the answer is No, you can file pro se, BUT,
If you represent yourself, well, there's an old saying that a lawyer who represents himself has a damn fool for a client.
If you... Read more »
Would it also affect my ability to work in the finance industry?
That's a loaded question best discussed in the office. Some additional questions will include, "How did you obtain your conditional greencard? (e.g. investment based or family based?) What sort of bankruptcy is it? (personal or business based). There is a form I-944 that has to be... Read more »
Child support judgement was reduced to half 27000 and was included in my bankruptcy filing and was paid off in 2006. Then the Child support office refiled for the original amount and tacked interest onto the original amount. The CS office refuses to acknowledge the bankruptcy agreement and more... Read more »
Child support payments generally cannot be discharged in bankruptcy. This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to modify child support obligations. Since you state that the child support... Read more »
Bankruptcy since 2018, never missed a payment. Been doing it successfully, but since covid and working directly with covid patients I cannot get extra work since I'm constantly exposed. So I have not been able to get extra work. Now I cant pay my insurance, pay my utilities or my gas to keep... Read more »
If you have been in bankruptcy since 2018 it sounds like you filed under Chapter 13. A chapter 13 bankruptcy can typically be voluntarily dismissed at any time. Although before you dismiss you might explore seeing if you can modify your plan and possibly lower the payment. Under the CARES act, you... Read more »
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