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I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now, I need to respond to... View More 
answered on Jun 3, 2024
I've practiced in several states, from TX and OK, to GA, DE, NJ and PA, and I've always promptly filed a simple Suggestion of Bankruptcy, with the bankruptcy court district and bankruptcy case number, and nothing more. That's always worked.
I recommend it as a show of... View More
That when you file you’ll be able to get a home in 2 years but I’m being told by people who have been through it already they are 7 years out and they still cannot get a home and having trouble building credit because no one will give them loan or credit card or home etc
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answered on Jun 3, 2024
After filing for bankruptcy, the timeline for purchasing a home can vary depending on several factors. Generally, you might be able to qualify for a mortgage two to four years after a bankruptcy discharge, but this can depend on the type of loan you are seeking and how well you have rebuilt your... View More
That when you file you’ll be able to get a home in 2 years but I’m being told by people who have been through it already they are 7 years out and they still cannot get a home and having trouble building credit because no one will give them loan or credit card or home etc
answered on Jun 2, 2024
This question is best directed to any of the lenders out there, each of whom makes a "credit decision" upon loan applications.
Currently, interest rates are high, and the Fed has been tightening the money supply.
My own experience is that, more than usually, lenders, even... View More
I sign up with JJ wentworth and now I am paying them for other card . What my options
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answered on Jun 2, 2024
If you are paying for a Chapter 13 payment plan but kept and used one credit card, and now you're also paying J.G. Wentworth for another card, you have a few options to consider.
First, review your Chapter 13 payment plan to ensure that all your debts, including the credit card... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 2, 2024
If a lein is on the real property records because of a prior judgment you cannot get rid of it unless you pay it off or file a Motion to avoid in bankruptcy Court to remove the lien that impairs your exemption. Often the lien does not attach because of Tenancy by entirety protections of a judgment... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
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answered on Jun 2, 2024
You may have grounds to sue a former creditor for placing a lien on your new house, especially since your Chapter 7 bankruptcy was discharged in 2012 and the lien is affecting your ability to refinance or sell your home. A discharge in bankruptcy typically eliminates your personal liability for... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 2, 2024
A creditor's attempt to collect on a debt that was discharged in bankruptcy by asserting a lien against property that was acquired after the bankruptcy would be a violation of the discharge injunction. The debtor can reopen the case and recover damages, possibly including punitives, and... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 1, 2024
With the majority opinions of the US Supreme Court, despite the express wording of Section 506 of the Bankruptcy Code, the secured amount of any "perfected", i.e., validly filed, liens against a debtor's property will survive a bankruptcy discharge. The deficiencies, if any, of... View More
and if so, under what code? Using MI state exemptions. Not a gov't/civil employee.
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answered on Jun 1, 2024
When dealing with an annual employment bonus received after filing for Chapter 7 bankruptcy, you might be able to exempt a portion of it using Michigan state exemptions. Since you’re not a government or civil employee, the regular Michigan exemptions apply to your case.
In Michigan, you... View More
Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?
And can... View More
answered on Jun 1, 2024
The way I read your question, you are anticipating discharging certain debts that your former spouse would otherwise have had an obligation to pay or reimburse you. If the debts no longer exist, then there would be nothing for him to pay to you. If there was some portion of the debt that was still... View More
Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?
And can... View More
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answered on Jun 1, 2024
Filing for bankruptcy does not affect the obligation of your ex-spouse to pay backpay for marital and child-related expenses. These obligations are generally considered non-dischargeable in bankruptcy, meaning your ex-spouse will still owe you that money even if you discharge your own debts. The... View More
Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?
And can... View More
answered on May 31, 2024
It would be irresponsible for any divorce lawyer to speculate as to what is and is not dischargeable in your particular bankruptcy matter and how a discharge may affect the distribution of assets. My suggestion is to schedule a meeting with a divorce lawyer to review all of the terms of your... View More
I am not sure if i put a stop on the ach withdraw through my bank for $30 and not contact my loan company or do I send an email to my loan company and tell them, and revoke authorization? I don’t think I am supposed to tell them i am going to be filing bankruptcy?
answered on Jun 3, 2024
I fail to see any benefit in telling your bank or lender that you are filing before you file. You would give them information that is probably not helpful to you. They are certainly not going to tell you how to not pay them or how to sue them. I would go to the bank and issue a stop payment.
I am not sure if i put a stop on the ach withdraw through my bank for $30 and not contact my loan company or do I send an email to my loan company and tell them, and revoke authorization? I don’t think I am supposed to tell them i am going to be filing bankruptcy?
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answered on Jun 1, 2024
Considering Chapter 7 bankruptcy can be a challenging decision, and it's important to handle it carefully. You should stop the automatic payments for your personal loan through your bank to prevent further withdrawals. You can do this by contacting your bank and revoking the authorization for... View More
I am not sure if i put a stop on the ach withdraw through my bank for $30 and not contact my loan company or do I send an email to my loan company and tell them, and revoke authorization? I don’t think I am supposed to tell them i am going to be filing bankruptcy?
answered on May 31, 2024
I disagree somewhat with my KY colleague.
First, because most financial institutions have, under each state's law, a right of "offset", and that is often buttressed by a written agreement or notice, which the courts may recognize as sufficient to create a lien, it is always... View More
I am not sure if i put a stop on the ach withdraw through my bank for $30 and not contact my loan company or do I send an email to my loan company and tell them, and revoke authorization? I don’t think I am supposed to tell them i am going to be filing bankruptcy?
answered on May 31, 2024
Don’t tell any creditor anything. Once you file, the deduction(s) will be automatically terminated. You don’t need to do anything. Consult your bankruptcy lawyer for a more detailed explanation of the automatic stay and termination of automatic withdrawals.
I wasn’t able to keep track of everything then my car got repossessed. I need to be able to get my car out is there any option? Can I reopen my case or file a 13? Dismissal was for getting the second part of the credit counseling in in time.
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answered on Jun 1, 2024
I'm sorry to hear about the difficulties you're facing. It's crucial to understand that you have options, even after your Chapter 7 case was dismissed. One possibility is to reopen your Chapter 7 case by filing a motion with the bankruptcy court, explaining the circumstances that led... View More
I wasn’t able to keep track of everything then my car got repossessed. I need to be able to get my car out is there any option? Can I reopen my case or file a 13? Dismissal was for getting the second part of the credit counseling in in time.
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answered on Jun 1, 2024
I'm sorry to hear about the challenges you're facing. You do have options to address your situation. One possibility is to file a motion to reopen your Chapter 7 case. You can explain the reasons for missing the second part of the credit counseling and request permission to complete it... View More
Filed chapter 7 bankruptcy in 2013. 2024 have a personal injury lawsuit small award, can the bankruptcy court take it? It was Discharged in 2013.
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answered on May 28, 2024
Based on the information you provided, it is unlikely that the bankruptcy court would be able to take the small award from your 2024 personal injury lawsuit. Here's why:
1. Timing: You filed for Chapter 7 bankruptcy in 2013, and the bankruptcy was discharged the same year. The personal... View More
Filed chapter 7 bankruptcy in 2013. 2024 have a personal injury lawsuit small award, can the bankruptcy court take it? It was Discharged in 2013.
answered on May 28, 2024
My colleague, Mr. Siegel, is right as far as he goes, but,
a bankruptcy discharge works holders of claims that existed prior to the bankruptcy filing, not those that happened afterward. And, the bankruptcy discharge works on claimants named by you as the debtor in the bankruptcy. If, for... View More
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