Get free answers to your Bankruptcy legal questions from lawyers in your area.
This is an initial return filing of a joint bk petition. I know that each has to file their own tax return, as stated in Publication 908 page 3. It states that the estates are treated as two separate entities for tax purposes. But I am unsure of whether they each need their own EIN number to use... View More
answered on Jul 30, 2018
No individual (or married couple) needs to get a "new" EIN when you file Chapter 11. Also, there is no requirement that married couples file individual tax returns.
Individuals (or married couples) who file for Chapter 11 must be current in their tax filings but the... View More
My ex filed chapter 7 on our second mortgage in 2013. It is discharged with the bank but I have continued to pay it. I live in CA and not sure what the law says about it.
answered on Jul 27, 2018
In general, the personal liability for the mortgage was discharged. Thus, the lender cannot request payment from the borrower. However, the bankruptcy does not eliminate the lien that the mortgage lender has on the property. Thus, it is secured on the property. If the property is sold, the... View More
private loans?
answered on Jul 25, 2018
The Bankruptcy Code specifically identifies what is a nondischargeable student loan. Although the language can be found at 11 U.S.C. Section 523(a)(8)(A&B) - the analysis required should be sought by meeting with an experienced bankruptcy attorney. I urge you to do that.
In searching for an attorney I am being turned down because the advasary has consulted with so far 8 out of 10 I have contacted. Is this legal?!? I find this crazy that I am having this much trouble finding and attorney!?
answered on Jul 12, 2018
If your bankruptcy case was filed in the Southern District of California, I may be able to help you.
I invite you to call my office to schedule a free consultation.
Is he considered a co-debtor or creditor? (we were separated when I filed Ch. 7). He's repeatedly breached the stay, deliberately stopped the sale of our house on the day it was to be sold, filed adversary actions and even threatened to sue Trustee's attorney. Thousands of dollars in... View More
answered on Jul 12, 2018
Impossible to answer specifically from the information available but if they are proven frivolous, you may be able to recoup your fees in the bankruptcy case. Recouping in divorce court would depend on the specific language in the court order or agreement.
My creditor called me today asking for the car. I told her to contact my trustee and she started shouting saying the trustee has nothing to do with this. She started calling me ignorant and shouting saying do whatever you want i don't care.
answered on Jul 10, 2018
You may have a claim against the creditor for violating the ultimatum stay, especially if she calls again. Try to record it and get some proof.
answered on Jul 10, 2018
If a creditor is calling with the intent to collect a debt, then the automatic stay arising from the filing of your bankruptcy is being violated regardless of whether you are represented by and attorney or not.
answered on Jul 9, 2018
The number of children in your household comes into play in calculating household living expenses, which in turn is just one of the multiple factors required to undertake the means test evaluation.
In the last few years I am battling with the mortgage company to save my second house. I tried to get a modification from the lender but unfortunately without success.
Since 2015 I field three BK 13 because of financial hardships, and to stop the sale process and obtain a modification.... View More
answered on Jun 28, 2018
You really need the help of an experienced bankruptcy practitioner. The multiple filings may be problematic and the issues involved with short sale and loan modification can be complicated and frustrating. You should be able to get a consultation and at least get some advise for the right... View More
My employer filed chapter 11 while I was in maternity leave. I just returned back to work 2 days ago and I have a job offer from another company. With that said if I leave the company within 30 days (which it doesn’t look like it’s going to last that long) will I be required to pay back the... View More
answered on Jun 19, 2018
I’d take the new job, stretch out the depart/start time to meet the 30 days if possible. Highly unlikely you will have to repay any premiums at all.
I dont have the money. That they are demanding a total of 25.000.00.
answered on Jun 19, 2018
If you file a Chapter 7 bankruptcy and list the three civil suits and creditors, you can likely discharge them. Upon discharge, you can then obtain a valid drivers license.
they have a right to refuse treatment?
answered on Jun 11, 2018
It is unusual for a hospital to deny service after bankruptcy unless the patient demonstrates an inability to pay the new bill. If you have insurance or other form of guaranteed payment, the hospital will likely treat you.
answered on May 28, 2018
There are many different factors that determine if and what type of bankruptcy you may file. You really need to sit down with a bankruptcy attorney in your area and they will give you a free evaluation of your own unique situation.
answered on May 24, 2018
The toll fee that was not paid is dischargeable but they also charge a larger amount for a fine/penalty for nonpayment - which is not dischargeable.
My mom had her wages garnished by some company and she got the case in the mail but doesn't remember what it is even for but believes it was for something that happened a very long time ago. My dad has filed for bankruptcy a few times and at least one of those times, it included my mother. I... View More
answered on May 16, 2018
It's impossible for someone to analyize your situation without sitting down with you and going over everything. You most likely can get a free consultation from a local bankruptcy attorney in your area.
I suffered a heart attack and other disabling issues and could not work and my bills suffered too.
I filed chapt 7 and I was still evicted even though I filed an automatic stay to the court
I the clerk says she didn't have to send it up to the judge and it say in my case but... View More
answered on May 7, 2018
Hire a competent local attorney to assess. I’d the landlord or the lender took these actions without seeking relief from the stay in bankruptcy court, they may have violated your rights as well as the stay.
I'm looking for the bankruptcy filing that my ex-husband and I filed in 1981 in San Bernardino County. I thought I had a copy of it, but can not locate it. Where do I go to locate it?
answered on Apr 30, 2018
Go to the bankruptcy court and ask the clerk's office. I believe this is the location:
http://www.cacb.uscourts.gov/court-locations/riverside
My husbands employer received a fax for a court ordered wage garnishment, but there is no court or case number listed on this paper, nor is there an amount listed to garnish. It’s for a debt he had over 10 years ago. Is this just a scare tactic to get my husband to make a payment?
answered on Apr 25, 2018
It's sounds kind of fishy. Sit down with a local bankruptcy attorney who can tell you if it's legitimate or not.
Can they legally make me pay. He also said they are gonna serve me papers at the place of employment friday and I could possibly get fired
answered on Apr 25, 2018
You should contact a Bankruptcy attorney in your area right away. Most likely a debt from that long ago has past the statute of limitations but there is more to it than a simple answer on a website like this. Get on this right away.
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