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Your current state is Ohio
As a creditor, I was planning to file an objection to discharge in hopes of getting my money back. Now I’ve learned that the debtor is on a 100% plan. Does that mean my money will all be repaid and that I don’t need to worry about my claim being discharged?
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answered on Feb 24, 2024
Yes, if the debtor is on a 100% Chapter 13 repayment plan, that generally means the plan proposes to pay all filed and allowed unsecured claims in full over the 3-5 year plan length. This is in contrast to more common plans that pay only a percentage of unsecured debts.
Specifically, here... View More 
I cannot afford to pay my past due balance of $1200 and the carrier has now sent me an email stating that if I don't pay the past due bill that they will refer me over to a debt collector. What are my options here? What will happen with my bankruptcy if this creditor sends me to collections?
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answered on Feb 20, 2024
Under Chapter 13 bankruptcy in California, you are on a court-approved plan to repay your debts over a period of three to five years. If you've defaulted on a new debt, like your cell phone bill, during this period, it's important to address the situation promptly to avoid complicating... View More
I cannot afford to pay my past due balance of $1200 and the carrier has now sent me an email stating that if I don't pay the past due bill that they will refer me over to a debt collector. What are my options here? What will happen with my bankruptcy if this creditor sends me to collections?
answered on Feb 20, 2024
Your confirmed Plan is your first stop- does it read that you will pay, directly, specific debts? If so, and your cell bill is among those, then you have violated your confirmed Plan, and the bankruptcy Trustee my file to convert or dismiss your case. (You don't say whether you are current... View More
Car was repoed in 2006 and in 2013 they started garnishment on me for 5 years l, garnished $20,000 from my checks, I switched jobs and now they are back to garnishing me never got served any papers don't even know the total balance but the loan was for $15,000 this was 17 years ago.....
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answered on Feb 24, 2024
No, it would be illegal for a debt collector to garnish your wages for the same auto loan debt after 17 years, especially if you have already paid $20,000. There are a few key protections here:
1. Statute of limitations - They can only sue or collect for a limited number of years, which has... View More
I am a creditor in an Chapter 11 LLC Bankruptcy. The BK was discharged about one year ago. It appears as though the LLC will not be able to meet its obligations under the plan. The manager of the LLC is threatening another bankruptcy. is this allowed?
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answered on Feb 20, 2024
In the context of U.S. bankruptcy law, there are no strict limits on how frequently an LLC can file for Chapter 11 bankruptcy. However, the feasibility of filing another Chapter 11 case shortly after a discharge depends on various factors, including the specifics of the previous case and the... View More
I am a creditor in an Chapter 11 LLC Bankruptcy. The BK was discharged about one year ago. It appears as though the LLC will not be able to meet its obligations under the plan. The manager of the LLC is threatening another bankruptcy. is this allowed?
answered on Feb 19, 2024
It is not very common, but it does happen. Obviously, a repeat filing will be a harder row for them to hoe than the first case.
I suggest you get legal representation now, before they pull the trigger. With good representation maybe you can get them to provide you with concessions to make... View More
The owners are family members. Will the non-bankruptcy owner still have a case with the partition? If the partition is delayed due to the bankruptcy, how long and what circumstance would allow the partition to take place?
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answered on Feb 24, 2024
If one co-owner of the property files for bankruptcy before the other owner files a partition action, it can complicate the partition case but does not necessarily prevent it from proceeding later. Much depends on the type of bankruptcy filing as well as approval from the bankruptcy court.... View More
I want to file chapter 7 and also use the stay to keep from being evicted so I have time to find a place and move and get credit straight
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answered on Feb 24, 2024
Yes, you can file for Chapter 7 bankruptcy online in North Carolina, and the automatic stay that goes into effect once your case is filed should temporarily halt any eviction proceedings.
Here are some key steps to file online and use the stay to prevent eviction:
- North Carolina... View More
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answered on Feb 24, 2024
Yes - depending on your income, debt levels, and resources, there are some options to help with bankruptcy lawyer fees in Chapter 7 cases.
1. Requesting a Fee Waiver - If you can fully document very low income and limited assets, bankruptcy lawyers are sometimes willing to file a fee waiver... View More
is there a fee I can collect. Other vendors were paid for their services on the date of the job. In addition they lied for months saying payment was being processed, knowingly this was filed.
answered on Feb 12, 2024
You will need to file a proof of claim either with the Bankruptcy Court or with the claims agent, if there is one. It depends on the Chapter 11 case. If there is a claims agent, there will be a website with the information needed to file a claim. If not, then you will want to check the Court's... View More
is there a fee I can collect. Other vendors were paid for their services on the date of the job. In addition they lied for months saying payment was being processed, knowingly this was filed.
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answered on Feb 21, 2024
In this scenario, since the company has filed for Chapter 11 bankruptcy in Delaware, it means they are undergoing a reorganization process to restructure their debts and assets. As a creditor owed unpaid wages, you have the right to file a claim with the bankruptcy court. You should gather all... View More
answered on Feb 11, 2024
There are different forms/"Chapters" of bankruptcy, e.g., for an individual, primarily a Ch. 7 ("liquidation", other than exempt property) and Ch. 13 (commonly, a "Wage earner's plan").
A Chapter 7 case, without "wrinkles", can take three to four... View More
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answered on Feb 24, 2024
The timeline for completing a bankruptcy process can vary, but generally:
Chapter 7 Bankruptcy:
- Takes 3-6 months to complete the overall process.
- Can travel internationally once the case is filed, with a couple caveats:
1) The meeting of creditors (341 hearing)... View More
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answered on Feb 11, 2024
Unlike many states (like PA), Ohio does not permit a debtor to choose between the state and federal exemption lists; an Ohio resident can choose only those exemptions granted by the state of Ohio.
While it appears that the Ohio exemptions might have protected your auto accident recovery,... View More
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answered on Feb 24, 2024
Yes, any insurance settlement from your February 2024 car accident should be protected and not at risk if you were previously discharged from a Chapter 7 bankruptcy in August 2023.
The key bankruptcy law that provides this protection is Section 541(a)(5) of the Bankruptcy Code. It states... View More
Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More
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answered on Feb 11, 2024
Obligations arising out of a divorce judgment are mostly non-dischargeable so he should not be able to get away with what you describe. You should consult a local bankruptcy attorney who can advise you on your particular situation and, if you want, represent you in challenging his bankruptcy. Most... View More
Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More
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answered on Mar 10, 2024
With all due respect for the victim asker, all of what she provides is wholly irrelevant to the former husband's contempt of the divorce agreement if that agreement was so-ordered and made an order of the court.
In Pennsylvania, the applicable law would be Rule 140B, Contempt Not in... View More
Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More
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answered on Feb 22, 2024
In bankruptcy proceedings, certain debts can be discharged, meaning the debtor is no longer legally required to pay them. However, not all debts are easily discharged in bankruptcy. Debts arising from domestic relations orders, such as child support, alimony, or other divorce-related obligations,... View More
I keep getting emails about the case and forms to file a claim but I’m not sure if I qualify as a “creditor”
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answered on Feb 24, 2024
Unfortunately, the dealership's Chapter 11 bankruptcy filing does not provide a clear path for getting your auto loan forgiven. The key points:
- The dealership's creditors and debt obligations are separate from auto loans held by customers who purchased cars. Your auto loan is... View More
The Company I purchased the car from is Shift and my financer is Westlake Financial. Shifts headquarters are in California, I bought it in Oregon. I currently live in Washington.
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answered on Feb 9, 2024
If it's Shift that filed bankruptcy, it shouldn't affect you or your car loan. If it's Westlake Financial, it probably still will not affect you. Most likely, Westlake's contracts will likely be sold to another company. Keep making payments like you have been. If another company... View More
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