Your current state is Ohio
We have about $59k in unsecured credit card debt we can't pay on. Also have t filed 2023 taxes yet will be doing that this weekend will owe!! Does our Ss income and VA disability income need to be included in means test?
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answered on Mar 29, 2024
When facing financial difficulties, especially with a significant amount of unsecured debt, understanding what income must be included in the means test for bankruptcy can be crucial. The means test is designed to determine eligibility for Chapter 7 bankruptcy, which can discharge many types of... View More 
If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?
answered on Mar 27, 2024
The Bankruptcy Code provides an automatic stay against proceeding against the debtor/bankrupt and his property (very broadly defined by section 541 of the Code). And Chapter 13 provides a "codebtor stay", which would protect a non-filing spouse.
I'm in PA, and my practice... View More
If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?
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answered on Mar 27, 2024
In California, when facing a foreclosure signaled by a Trust Deed Sale, either spouse filing for bankruptcy can momentarily halt the sale due to the automatic stay provision. This provision immediately stops most creditors from proceeding with collection activities, including foreclosure. However,... View More
If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?
answered on Mar 29, 2024
Either the husband or wife may file a bankruptcy petition to stop a deed of trust sale when husband and wife are both note holders for the mortgage, so long as the filing spouse qualifies for the bankruptcy protection through the automatic stay provided by the bankruptcy code under 11 U.S. Code §... View More
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answered on Mar 26, 2024
In the state of Nevada, you can file for bankruptcy even if you are still making car payments. This process allows individuals facing financial difficulties to seek relief while possibly retaining possession of their vehicle. The type of bankruptcy you choose, Chapter 7 or Chapter 13, plays a... View More
I OWN MY VEHICLE BUT USED IT AS COLLATERAL FOR A LOAN. I WANT TO GET RID OF THE LOAN IN THE BANKRUPTCY BUT WOULD THAT MEAN I LOSE MY ONE AND ONLY VEHICLE AS WELL?
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answered on Mar 26, 2024
If your car has a lien due to a loan where the vehicle was used as collateral, you generally can keep the car as long as you continue to make payments on the loan. When considering bankruptcy, whether Chapter 7 or Chapter 13, the specifics of your situation will largely determine if you can keep... View More
I OWN MY VEHICLE BUT USED IT AS COLLATERAL FOR A LOAN. I WANT TO GET RID OF THE LOAN IN THE BANKRUPTCY BUT WOULD THAT MEAN I LOSE MY ONE AND ONLY VEHICLE AS WELL?
answered on Mar 27, 2024
When you use the car as security the lender ends up with an ownership interest in the car. If you file bankruptcy you can normally still pay the loan and keep the auto. There are no free cars or homes in bankruptcy. The only exception I know of is occassionally the lender forgets to file the... View More
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 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
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 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
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.
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
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
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
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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
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
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