Get free answers to your Bankruptcy legal questions from lawyers in your area.
Your current state is Ohio
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
Based on the additional details, it seems that Shift is the car dealership that sold you the vehicle, while Westlake Financial is the lender that provided the auto loan financing.
Even though Shift is entering bankruptcy, this generally does not impact or discharge the auto loan you hold... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
If you are a cosigner on a loan and the primary signer files for bankruptcy, the cosigner is still responsible for repaying the debt. The bankruptcy does not discharge the legal obligations of any cosigners.
More specifically:
- When the primary signer files for bankruptcy - whether... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2024
Yes, if one signer files a chapter 7, the co-signor remains liable and the creditor can pursue that person for payment. If, on the other hand the person files a chapter 13, the automatic stay protects the co-signor, as well as the primary obligor, from any and all collection efforts. Presumably,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
Yes, if the primary signer on a loan files for bankruptcy, the cosigner is still fully responsible for repaying the debt. The bankruptcy filing does not dismiss the cosigner's legal financial obligation.
Specifically:
- When a person files for bankruptcy, it impacts the debts... View More
I loaned money to someone who has now filed chapter 13. I was purposely (not accidentally) left off the creditor list. Should I report that to the trustee for the case?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
Yes, you should consider contacting the trustee in the Chapter 13 bankruptcy case. If you loaned money to someone who has intentionally left you off the creditor list, it's important to address this issue with the trustee. Filing a proof of claim with the bankruptcy court can help protect your... View More
I filed my Chapter 7 bankruptcy in 2023 but the trustee said he would let me know how much or my taxes he will take to pay creditors once I completed my taxes. I have recently filed my 2023 taxes and I was wondering what part of my taxes is automatically protected? Will the amount I received from... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
The protection of your tax return, including the American Opportunity Credit, in a Chapter 7 bankruptcy depends on various factors and the specific laws in your jurisdiction. Typically, tax refunds, including credits like the American Opportunity Credit, may be considered part of your bankruptcy... View More
I filed my Chapter 7 bankruptcy in 2023 but the trustee said he would let me know how much or my taxes he will take to pay creditors once I completed my taxes. I have recently filed my 2023 taxes and I was wondering what part of my taxes is automatically protected? Will the amount I received from... View More
answered on Feb 26, 2024
Your tax return is something that should have been listed as an asset in your schedules and should also be protected in Schedule C. In Virginia, child tax credits and the Earned Income Tax credit are automatically protected if listed properly using the proper exemption. Any remaining portion of... View More
If someone is using my name and social how would I find out how it's being/been used
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
If you suspect that someone may have married you without your knowledge and obtained power of attorney over you using your name and social security number, it's essential to take immediate action. First, gather any available documents or information related to these concerns. Reach out to your... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
In a Chapter 13 bankruptcy case, when a loan is jointly held by a husband and wife as co-creditors, either party can sign the proof of claim form. However, it is important to ensure that the form clearly indicates that the claim is being filed on behalf of both parties. This can be achieved by... View More
answered on Feb 4, 2024
This is a fairly simple question, but it's not your first, nor even your second. It and those before it illustrate an important point: Bankruptcy can quickly become a complex thing, even for those who have practiced within its scope for years.
Inother words, the bankruptcy area of... View More
I received notice from a credit company that the person I cosigned a loan for has filed chapter 13. There is a stay in place, but once that stay is removed I will be obligated to pay off the remainder of the loan. Is there any way to avoid this debt?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
As a cosigner, you are legally obligated to repay the loan if the primary borrower defaults or cannot make payments, as is the case in a Chapter 13 bankruptcy filing. However, there are a few steps you can take to manage or potentially avoid this debt.
Firstly, communicate with the lender... View More
I received notice from a credit company that the person I cosigned a loan for has filed chapter 13. There is a stay in place, but once that stay is removed I will be obligated to pay off the remainder of the loan. Is there any way to avoid this debt?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2024
In a chapter 13, the debtor is required to pay some or all of their debts over a 3 to 5-year period. So you should check out the proposed plan to see what percentage of the debt you cosigned on will be paid. If you are still left being held responsible for some portion of the obligation, there is... 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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
I loaned money to a friend and I also co-signed a loan for her. Both loans are still active. Now my friend has filed chapter 13. Should I identify myself as a creditor only or a creditor and a guarantor on my proof of claim form?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
When submitting a proof of claim in a Chapter 13 bankruptcy case where you've loaned money to the debtor and also co-signed a loan, it's important to accurately reflect your role in relation to the debtor's obligations. Given your situation, you should identify yourself both as a... View More
I loaned money to a friend and I also co-signed a loan for her. Both loans are still active. Now my friend has filed chapter 13. Should I identify myself as a creditor only or a creditor and a guarantor on my proof of claim form?
answered on Feb 2, 2024
While your question indicates that both loans are "active", you don't say whether your obligation on the guaranty has been called/paid.
As a guarantor on a loan not yet repaid by the debtor, you have a contingent claim (check the bankruptcy Schedules to see how the debtor... View More
I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
To address a suspended license due to a lien and prevent it from affecting your ability to obtain a driver's license in another state, it's crucial to directly engage with the agency or court that issued the lien. They can provide specific guidance on your situation and the steps needed... View More
I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
To address a suspended license due to a lien, you'll typically need to satisfy the underlying debt or resolve the issue causing the suspension. Initiating an SR-88 form, also known as a Petition for Reinstatement of Driver's License, is a common step in this process. This form allows you... View More
My bankruptcy was discharged in October 2021. Since then I constantly get emails from 2 creditors. One sends me constant reminders to download statements. The other sends me bill pay reminders for debts that were also included in my bankruptcy. I’ve called both CU to tell them I do not have an... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
In your situation, it's important to know that after your bankruptcy has been discharged, creditors are generally prohibited from contacting you in an attempt to collect the debts that were included in the bankruptcy. The emails you are receiving may constitute a violation of the Fair Debt... View More
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.
