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Vehicle repossessed Feb 6th filed chapter 13 Feb 15th. Automatic stay should be placed on the vehicle and the dealer now has the vehicle back on their lot for sale. They were notified of the chapter 13 bankruptcy
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answered on Mar 25, 2024
When you file for Chapter 13 bankruptcy, an automatic stay is typically put in place. This stay prevents creditors from proceeding with collection actions, including the sale of repossessed vehicles. Therefore, the dealer should not sell your vehicle once they've been notified of the... View More 
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answered on Mar 25, 2024
In Puerto Rico, declaring your home as a homestead may provide certain protections if you declare bankruptcy, but there are conditions and limits. The homestead exemption is meant to help you keep your primary residence, under specific circumstances, even when you're facing financial... View More
answered on Mar 24, 2024
As a debtor, you are the one who claims your exempt property; if anyone, including a bankruptcy trustee, objects, a written Objection must be filed, and you, as debtor, have the opportunity to respond, and thereafter, the Bankruptcy Judge will conduct a hearing on the Objecttion.
There is... View More
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answered on Mar 24, 2024
The amount of the homestead exemption that you are entitled to claim varies from state to state. I'm a California attorney, but I looked it up on Google and it appears that you are entitled to an unlimited homestead exemption in Puerto Rico. However, before you proceed, you should consult a... View More
1 person filed, the other did not. It's still on both credit reports.
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answered on Mar 24, 2024
When a Chapter 7 bankruptcy is discharged, debts listed in the bankruptcy should be reflected as such on your credit reports. However, joint credit cards represent a shared responsibility. If only one person files for bankruptcy, the other account holder remains responsible for the debt.
If... View More
1 person filed, the other did not. It's still on both credit reports.
answered on Mar 21, 2024
When a debt obligation like a credit card is "joint", e.g., where the non-bankrupt "joiner" has signed an issuer document to be liable for the debt balance, yes, that obligation will continue to be reported to the credit bureaus for both of the joint obligors.
A debt collection company purchases debts and sues the debtors to collect. After 10 years, that collection agency has amassed a portfolio of judgments- mostly uncollected and sitting at the various courts (in PA) for years. The company then filed for chapter 7 Bankruptcy. The trustee/ courts do not... View More
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answered on Mar 20, 2024
In bankruptcy proceedings, assets, including judgments held by the bankrupt company, can be sold to pay off creditors. However, the specifics depend on the case and what the bankruptcy trustee decides. If the judgments were not liquidated during the Chapter 7 proceedings and remain assets of the... View More
A debt collection company purchases debts and sues the debtors to collect. After 10 years, that collection agency has amassed a portfolio of judgments- mostly uncollected and sitting at the various courts (in PA) for years. The company then filed for chapter 7 Bankruptcy. The trustee/ courts do not... View More
answered on Mar 19, 2024
If the debt collection agency was a corporation (or llc, etc.), it is not eligible for a bankruptcy discharge, although it can file for bankruptcy relief.
A Chapter 7 bankruptcy case is usually short-lived, a "liquidation case". Normally, the Ch. 7 bankruptcy trustee will assess... View More
I have filed my answer with a debt collector with a motion to dismiss with prejudice. I want to pay and get it over with I am even willing to pay the amount that they ask but they will not give me a written agreement stating that I will no longer owe anything to them regarding this debt. What do I... View More
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answered on Mar 19, 2024
In your situation, it's important to proceed with caution. Never agree to pay a debt without a written agreement, as this document is your proof that the debt will be cleared upon payment. You need this to ensure they won't claim you still owe money later.
Since the debt collector... View More
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answered on Mar 19, 2024
If you're facing a writ of possession that hasn't yet been served, it's crucial to act quickly. First, you should review the details of the eviction notice or court decision leading to the writ. Understanding the basis of the action can help you identify any possible errors or... View More
answered on Mar 19, 2024
A writ of possession may be stayed by timely appealing the case to the county court or by filing a supersedeas bond within ten days from the date of judgment in the county court.
Once a judgment for eviction has been granted, even filing bankruptcy will not stop a writ of possession from... View More
In 2018, my underaged former brother-in-law took my car in the middle of the night and crashed it early into the next morning. My car was impounded and I was told that I could not get it out since it was under investigation (manslaughter was involved). They held my car, didn't tell me they... View More
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answered on Mar 19, 2024
Filing for bankruptcy on your own, known as filing pro se, is an option if you cannot afford an attorney. First, you need to determine which type of bankruptcy is right for your situation, typically Chapter 7 or Chapter 13. Researching these types thoroughly will help you understand which fits your... View More
The house is not in the bankruptcy. The one is not in bankruptcy pays for the house . The one is in bankruptcy is only on the title . But pays her monthly payments can they stop the sell of property ? Or take the proceeds ?
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answered on Mar 16, 2024
In bankruptcy cases where only one spouse has filed for bankruptcy, the impact on jointly owned assets, such as a home, can vary depending on several factors, including state law and the specifics of the bankruptcy filing. If the house is not included in the bankruptcy estate because it is... View More
A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More
answered on Mar 17, 2024
It looks like you were alert in investigating the judgment. On your inquiry about attorneys who handle traverse hearings, attorneys here can't respond to you with offers of representation. The format is limited to Q & A, unlike attorney referral sites. But in addition to your own online... View More
A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More
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answered on Mar 16, 2024
In situations like yours, finding a legal professional with experience in Traverse Hearings is crucial, particularly in Dutchess County, New York. These hearings are specifically designed to examine the process and validity of service in legal proceedings, which seems to be the crux of your issue.... View More
He owes $36,000 in arrears. DHR said they can no longer garnish for arrears and his bankruptcy lawyer will not return calls. I reached out to the State of Alabama Trustee and she said they can only pay out what he sends in. How will he be held responsible for paying? It stated in the bankruptcy... View More
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answered on Mar 16, 2024
It's essential to understand that child support obligations are treated with high priority in bankruptcy proceedings, including Chapter 13. Even though your ex-husband filed for bankruptcy, his child support arrears should not be discharged by the bankruptcy and remain his responsibility. The... View More
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answered on Mar 16, 2024
If you're in a debt relief program and have received a lawsuit notice, it's important to take this seriously. Sending the response letter provided by the program is a good first step, but it's often not enough to fully address the legal complexities of a lawsuit. If the program has... View More
He is not passed due on other creditors , he simply doesn't want to sale this asset worth 175 K + and filed chapter 13 it is not his homestead it is an inherited house and 1.28 acres. When the court ordered the judgment he transferred the deed to his wife when he learned that is illegal he... View More
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answered on Mar 16, 2024
Given the complexity of your situation, it's crucial to consult with an attorney experienced in bankruptcy and debt collection laws. They can guide you through the specific challenges of dealing with debtors who declare Chapter 13 bankruptcy, especially when there are actions that might be... View More
He is not passed due on other creditors , he simply doesn't want to sale this asset worth 175 K + and filed chapter 13 it is not his homestead it is an inherited house and 1.28 acres. When the court ordered the judgment he transferred the deed to his wife when he learned that is illegal he... View More
answered on Mar 15, 2024
You seem to describe an argument simply between two persons, a debtor and a creditor.
There are ample cases on the books that say that such a case serves no bankruptcy purposes and should be dismissed. The US Trustee likewise appears to dislike such cases, and often files a Motion to... View More
The property is exempt on the statement of intention.
answered on Mar 15, 2024
You can expect to pay lawyer fees in the $3000 range for this work. Motions to reopen and to avoid a lien are routinely granted, provided you have sufficient evidence to demonstrate that the lien would have been avoidable during the original case.
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