Your current state is Virginia
So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?
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answered on Sep 8, 2023
If your business partner files for bankruptcy, it could potentially impact the assets of the business, including the condo. The exact impact would depend on a variety of factors including how the business is structured and the specific circumstances of the bankruptcy. It is recommended to consult... View More 
It's a large motorhome and I have no place to keep it. Can't afford to store it
answered on Sep 6, 2023
In a bankruptcy case, you are given the right to return collateral to the secured lender in exchange for full satisfaction of the secured claim of that lender.
Short of that, the terms of your Security Agreement, with applicable Colorado law, apply.
In particular, what does the... View More
It's a large motorhome and I have no place to keep it. Can't afford to store it
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answered on Sep 6, 2023
When dealing with a situation where the bank holds the title to a vehicle but won't repossess it despite the loan being in default, you have a few options to consider. Firstly, it's advisable to contact the lender and explain your situation. They may be willing to work with you on a... View More
It's a large motorhome and I have no place to keep it. Can't afford to store it
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answered on Sep 8, 2023
You should consider consulting with an attorney to understand your legal obligations and potential solutions in this scenario, such as possibly selling the vehicle and paying the bank the proceeds, or arranging for a voluntary repossession. It is important to act within the bounds of the law to... View More
I'm a disabled resident of Bradford County on SSDI with no other source of income. I own a car worth $14k that I purchased outright using my disability benefits and I have personal belongings within my rented apartment, but hold no real significant value. A creditor is currently suing me for... View More
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answered on Sep 3, 2023
For Federal Exemptions to apply you would need to be in Federal Court. Pennsylvania has exemptions for levy's and garnishments that a Pennsylvania attorney can advise you of. You should speak with a Pennsylvania attorney in Bradford County so they can assist you with your rights. Since you... View More
I'm a disabled resident of Bradford County on SSDI with no other source of income. I own a car worth $14k that I purchased outright using my disability benefits and I have personal belongings within my rented apartment, but hold no real significant value. A creditor is currently suing me for... View More
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answered on Sep 8, 2023
You can indeed assert exemptions to protect certain assets from creditors, even outside of bankruptcy. While SSDI income is generally protected from garnishment, creditors might still attempt to seize assets such as your car or personal belongings to satisfy the debt; however, you can claim... View More
it will be the third time in my life to do this.i am sick to my stomach over this but i have no other choice.i bought food paid bills and i can barely keep my head above water......please help
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answered on Sep 4, 2023
It might seem odd to say but you might just be "judgment proof". In other words, you might not have any non-exempt assets or income for an unsecured creditor to pursue. If that's the case and if you can stomach it, you can essentially ignore the calls and letters. However,... View More
I was told by the Trustee's office that I would need my attorney to modify the plan for early payoff. My husband and I recently retired due to his health issues; we either need a Hardship Discharge or a modification/amendment to payoff what is due to continue with our mortgage payments alone.... View More
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answered on Sep 8, 2023
You are not strictly required to have a lawyer to amend your Chapter 13 plan; you have the right to represent yourself in bankruptcy court. However, given the complexities involved in modifying a Chapter 13 plan, especially one involving a mortgage, having a lawyer could be beneficial to ensure... View More
I have an attorney who has been working on this since July of 2022. As of yesterday she is telling me that she is waiting on the court to give her a hearing date.
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answered on Sep 8, 2023
To initiate a bankruptcy case in federal court, your attorney must prepare and file a bankruptcy petition along with various supporting documents, which generally include schedules of your assets, liabilities, income, and expenditures, a statement of your financial affairs, and in the case of... View More
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answered on Sep 8, 2023
I'm sorry to hear about your difficult situation. It would be a good idea to respond to the lawsuit to protect your rights - in California, you generally have 30 days to respond to a lawsuit after you are served. Since you mentioned that you are facing financial difficulties, you might... View More
I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.
answered on Aug 28, 2023
An $80 per month Plan can be confirmed. The Ch. 13 Trustee in the Poughkeepsie Court objects to Plans featuring payments of less that $50 per month, and frequently will try to get a low paying Plan increased to $75 per month, but $80 per month will clearly work. Tax refunds received during the... View More
I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.
answered on Aug 28, 2023
There is no per se minimum but of course it depends on the circumstances. I don’t see any inherent issue with an $80/month payment under the situation you described, but you should certainly seek the counsel of a qualified attorney to avoid the many potential pitfalls in bankruptcy... View More
I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.
answered on Aug 28, 2023
Your post offers no financial circumstances, and one needs to evaluate that to answer your question.
And that's because the Bankruptcy Code expressly requires that a Chapter 13 repayment plan provide to creditors at least as much as the "indubitable equivalent" of what... View More
I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.
answered on Aug 28, 2023
There is no minimum payment as long as it is not zero. The payment would likely be the amount available according to the means test but also your non exempt assets are a factor. Speak to an attorney to determine the specifics.
I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.
answered on Aug 28, 2023
The required time between a Ch 7 and a Ch 13 is four years, so you're OK there. And, since there is no requisite minimum payment and, as long as $80 is your disposable income, there shouldn't be a problem there. Also, most trustees require that any amount over a specified amount of tax... View More
While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More
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answered on Sep 8, 2023
I'm truly sorry to hear about this incredibly stressful situation. In situations where there may have been a violation of court orders or misconduct by your own attorney, it could potentially be beneficial to consult with another attorney to review the specifics of your case and possibly... View More
While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More
answered on Aug 25, 2023
Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.
In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship... View More
answered on Aug 21, 2023
I agree with my colleague's terse answer, but there seems to be a common misunderstanding about what assets and debts are "included" in a bankruptcy case.
You have no choice about which assets or which debts. Your required Schedules of assets and debts, filed in every case,... View More
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answered on Aug 21, 2023
In Alabama, if your Chapter 13 bankruptcy case is dismissed, the trustee's ability to take your real estate largely depends on whether the property was included in the bankruptcy case. If your real estate was not part of the bankruptcy case, it typically remains outside the scope of the... View More
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