Get free answers to your Bankruptcy legal questions from lawyers in your area.
My bankruptcy is in WA and I have relocated to WI. I don't know if that makes a difference.
answered on Jun 13, 2024
Where your US bankruptcy case has been filed makes no difference; pretty much all lenders have software that alerts them to a bankruptcy filing within a day or two of its filing.
And all the prospective lenders know of will inquire about bankruptcy filings in your loan application, and... View More
My bankruptcy is in WA and I have relocated to WI. I don't know if that makes a difference.
answered on Jun 14, 2024
When you are near the end of a Chapter 13 bankruptcy, you may be able to get pre-approved for a loan, but the process can be more complex compared to someone without a bankruptcy history. Here are a few things to consider:
1. Wait for discharge: It's generally advisable to wait until... View More
answered on Mar 8, 2024
Tersely, my KY colleague is correct. However-
you can always stop a bankruptcy from being filed by contacting your lawyer or petition preparer. I recommend that you put that in writing and be prepared to prove that your written message got delivered.
If the case has in fact been... View More
answered on Mar 8, 2024
If you're considering halting a bankruptcy process that hasn't been officially filed yet, you're in a position with flexibility. Before any legal paperwork is submitted to the court, you have the opportunity to explore alternative solutions to your financial struggles. It's... View More
I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More
answered on Mar 4, 2024
Given that you were a passenger, the likelihood is that you should be able to recover all your damages. Whether your case is a "policy limits" case will be determined by the nature of your neck injury and medical treatment and total amount of your lost wages plus your pain and suffering.... View More
I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More
answered on Mar 4, 2024
In cases where your claim exceeds the driver's insurance liability coverage, accepting the insurance offer means you'll receive the maximum amount covered under the driver's policy. If you choose to sue and are awarded an amount greater than the insurance coverage, the excess could... View More
I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More
answered on Mar 3, 2024
Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.
And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged.... View More
I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More
answered on Mar 2, 2024
The answer depends upon the viability, and provability, of your claim.
An insurance company, the business of which is money, always has the option of paying in the full amount of its policy and going home. Or, if it believes that it's more promising to defend against your claim, it... View More
Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.
answered on Feb 5, 2024
Answer: It is unlikely that your private student loans will be discharged based only on the facts provided.
Explanation: Generally, student loans, whether public or private, are not part of the discharge debtors receive in a bankruptcy. To discharge student loans in a bankruptcy, a debtor... View More
Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.
answered on Feb 2, 2024
Filing for bankruptcy may provide relief from overwhelming debt, including private school loans, but it's essential to understand that not all debts are dischargeable through bankruptcy. Private student loans are typically not dischargeable unless the debtor can demonstrate undue hardship,... View More
Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.
answered on Feb 4, 2024
Filing for bankruptcy to discharge a private student loan is challenging but not impossible. Generally, both private and federal student loans are not dischargeable in bankruptcy unless you can prove "undue hardship," a standard that is notoriously difficult to meet.
To have a... View More
I ordered a product last year worth $2000 from Big Daddy Unlimited Outdoors, which they said was back ordered. Waited 4 months for it before cancelling and requesting a refund. After many calls and emails waiting for my refund they stopped all communication. I've filed many complaints and... View More
answered on Nov 5, 2023
Showing up in person at a store with proof of the refund you’re owed may not guarantee that they will provide you with a refund, especially if the business is in bankruptcy proceedings. Retail staff may not have the authority or ability to process refunds for online orders, especially those... View More
They also have a discrepancy in what the original loan amount they said was with the court and what they reported to the credit beauru just wondering if I can file a motion to dismiss and if so what would the grounds be. I am not sure how to to continue to defend myself when they are not coming... View More
answered on Nov 5, 2023
If the creditor provided incorrect information in their itemization of the debt, you may have grounds to challenge their claim. Filing a motion to dismiss could be appropriate if you can demonstrate that the discrepancies are material and not merely clerical errors.
In the motion, you... View More
I reopened my Bankruptcy case to file sanctions against a creditor for violating the discharge injunction. Can I also file a case against the same creditor for Fraud in Civil Court.
answered on Jul 19, 2023
In theory, IF your sanctions and fraud claims are based in different transactions/facts, yes, you probably can initiate two separate actions.
You don't disclose any facts in your question, and those would be key to deciding which court has primary jurisdiction. It may well be better... View More
answered on Jun 3, 2023
There is no single best approach to negotiating with a collection agency. How you proceed will depend upon the facts and circumstances.
But there are some basic considerations. Always start with goals. what are you hoping to accomplish? What is it that your opponent wants? Perhaps more... View More
answered on Jun 3, 2023
A: There is no single best approach to negotiating with a collection agency. How you proceed will depend upon the facts and circumstances.
But there are some basic considerations. Always start with goals. what are you hoping to accomplish? What is it that your opponent wants? Perhaps more... View More
Was roped into a 55,000 contract for solar panels because they made me sign for the paper copy of the contract. Didn't know I was signing the actual contract. Now they came to install solar panels did half the job and left. Ive been calling for over a month and just found out the company went... View More
answered on Mar 20, 2023
Almost certainly. You clearly have claims for breach of contract, but you might also have claims under Wisconsin’s theft by contractor statute. All monies paid to a contractor by an owner for improvements constitute a trust fund in the hands of the contractor. These monies can only be used for... View More
Just trying to fix my credit and understand things to be able to take the next steps to fix these things.
answered on Jan 2, 2023
Could also be a reporting error. Contact all three credit reporting agencies and dispute the entry. They have 30 days to investigate and correct if necessary.
Just trying to fix my credit and understand things to be able to take the next steps to fix these things.
answered on Dec 31, 2022
About fifteen years ago, one of the lawyers in my regional US Trustee's office told me the latest thing used by unscrupulous debtors was to use a social security number that was maybe one digit off/erroneous. The reason was to fool the system so that the bankruptcy would be noted on someone... View More
I was considering bankruptcy. Is it possible to get a reinstatement after bankruptcy process is complete?
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.