Get free answers to your Bankruptcy legal questions from lawyers in your area.
Your current state is Ohio
I have been paying the debt as per the terms of the Adversary Proceeding for 10 years now and have completed the amount requested ($250k + 5%). There is a balance of $150K that will be paid by a life insurance policy that has the debtor as the beneficiary.
The payments to the debtor have... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2024
Based on the information you provided, it seems that you have been complying with the terms of the Stipulation Resolving Adversary Proceeding for 10 years and have paid a significant portion of the debt. The informal agreements you made with the debtor regarding occasional late or reduced payments... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2024
You will have to contact your local Legal Aid office and ask them. Some help you prepare and filed your own bankruptcy case. Others do not offer any help with bankruptcy filings. Also check out your local Bankruptcy Court's website (us.courts.gov) to see what free legal help is available in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024
Yes, you can find free legal aid to file for bankruptcy in Jasper, Texas. Start by contacting Lone Star Legal Aid, which provides free legal assistance to low-income residents in your area. They can help you understand the bankruptcy process and determine if you qualify for their services.... View More
if my roommate pays the rent, then I pay that roommate half for the rent, in reimbursement. Would that trigger a claw back under chapter 7?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
In a Chapter 7 bankruptcy, certain transactions made by the debtor before filing for bankruptcy may be subject to "clawback" or avoidance by the bankruptcy trustee. This is to prevent debtors from unfairly transferring assets or making preferential payments to certain creditors before... View More
I entered in my bankruptcy i was going to reaffirm my vehicle loan, i have since changed my mind. Do i have to complete the reaffirmation paperwork since i put it in my statement of intentions or can i just continue making the payment? The trustee asked about it in my 341 and i said yes i was going... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024
In a Chapter 7 bankruptcy, if you initially stated your intention to reaffirm your vehicle loan but later changed your mind, you are not legally obligated to complete the reaffirmation paperwork. You have the right to change your decision at any point before the reaffirmation agreement is filed... View More
I entered in my bankruptcy i was going to reaffirm my vehicle loan, i have since changed my mind. Do i have to complete the reaffirmation paperwork since i put it in my statement of intentions or can i just continue making the payment? The trustee asked about it in my 341 and i said yes i was going... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024
No, you do not need to do anything. As a courtesy, let the lender know. There is no obligation to reaffirm a car loan. Reaffirmation agreements need to be approved by the court and even if you get to court, the Judge will often try to talk you out of reaffirming. If you live in a state like... View More
appears to the trustee that I have failed to comply. I would like to fire my attorney, but I have already paid quite a bit to the trustee. I don't know what to do.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024
I understand that you're in a difficult situation with your Chapter 13 bankruptcy case. Here are some steps you can consider:
1. Communicate with your attorney: Before taking any drastic measures, try to discuss your concerns with your attorney. Explain the issues you're facing... View More
49k and I was told they wrote off the debt in 2017?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024
If your bankruptcy was discharged in 2010 and included the Bank of America HELOC (Home Equity Line of Credit), the debt should have been discharged as part of the bankruptcy proceedings. Once a debt is discharged through bankruptcy, creditors are no longer allowed to attempt to collect on that... View More
49k and I was told they wrote off the debt in 2017?
answered on May 21, 2024
A properly recorded lien is not discharged by a bankruptcy proceeding, whether a Ch.7 or Ch. 13 (there may be a way in a Ch.13 if there is no equity for the HELOC to attach, but that will be litigated).
Likewise, a creditor's "charge off" of any loan balance is in *internal*... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
No, it is not typical for a bankruptcy attorney to change your home address on your credit bureau. Their primary role is to guide you through the bankruptcy process, including filing the necessary paperwork, representing you in court, and ensuring that your debts are properly managed.
If... View More
answered on May 18, 2024
My gut reaction to your "normalcy" question is "No". While every prospective debtor should be totally candid with bankruptcy counsel, we use a debtor's credit report(s) to satisfy the "due diligence" requirement added to the Bankruptcy Code in the massive 2005... View More
To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I don’t Think the municipal court quite understood that my bankruptcy form 101b was filed and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
It's frustrating when processes don’t go as expected, especially when facing something as serious as eviction. The municipal court may have required you to file a petition to stay the eviction because they need specific documentation to halt proceedings. This is sometimes standard procedure... View More
To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I don’t Think the municipal court quite understood that my bankruptcy form 101b was filed and... View More
answered on May 18, 2024
You shouldn’t have to file a petition. The automatic stay created by the filing of the bankruptcy trumps all anyway. Be sure a copy of at least the front page and the creditor section page of your bankruptcy is placed in the municipal court file.
To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I was told by the clerk after filing bankruptcy the automatic stay protects me from the eviction... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024
I understand your confusion and frustration in this situation. Let me try to clarify a few key points:
1. When you file for Chapter 7 bankruptcy, an automatic stay is typically put in place. This stay prevents creditors, including landlords, from continuing collection actions, including... View More
I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024
While it is technically possible to file for Chapter 11, Subchapter V bankruptcy pro se (representing yourself without an attorney), it is generally not advisable due to the complexity of the bankruptcy process and the potential consequences of making errors in your filing.
Subchapter V,... View More
I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More
answered on May 17, 2024
Nationally, and for the last two decades at least, the success rate of the popular "save-the-house" Chapter cases has been less than twenty percent, even with bankruptcy counsel. Those cases run for three to five years, much like the Ch. 11 business reorgs.
The chances for... View More
I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024
Very difficult. Chapter 11 (regular or subchapter V) is very complex with lots of requirements and rules. A $50,000 retainer is not unusual and well worth the investment if you want to save your business. If you haven't already met with a local bankruptcy attorney, you should definitely do so.... View More
I have the tax permits from the building and it's got a account number on it. How do I find the records to see what happen. Also if my grandmother filed bankruptcy and her trustee was the lawyer Robert Cochran did he get her stuff after she passed
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024
To find out what happened to your grandparents' business and assets after they passed away, you can take the following steps:
1. Obtain a copy of their death certificates from the vital records office in the county where they died.
2. Search for probate records at the county... View More
I have the tax permits from the building and it's got a account number on it. How do I find the records to see what happen. Also if my grandmother filed bankruptcy and her trustee was the lawyer Robert Cochran did he get her stuff after she passed
answered on May 15, 2024
Start with the Ky Secretary of State and tack down all their business filings. THen go to IRS and/or Ky Revenue Cabinet to obtain all tax filings. That should set you on the right path to determining what happened with their business.
After 3 years in divorce my narcissistic wife responded by filing for nullity of marriage based on claim she was not aware of my 1998 marriage ended due to my becoming type-1 diabetic, had an episode of DV, spent 3 years in prison for crazy charges. First wife we were together 20 years & no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2024
I'm so sorry you're going through such a difficult and painful situation. Dealing with a contentious divorce, false allegations, and financial hardship can be incredibly stressful and overwhelming, especially combined with serious health issues. Please know that you're not alone and... 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.
