Get free answers to your Bankruptcy legal questions from lawyers in your area.
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 
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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
The bk plan payment I was to make was $885 a month.
How can they tell me I will be short $59000 at end of five years.
The court set the payment of $885. I have been making payments of 885.
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answered on May 7, 2024
I understand your confusion and frustration. It's important to note that while the court may have initially set your monthly payment at $885 for your Chapter 13 bankruptcy plan, there are a few reasons why you might be facing a significant shortfall at the end of the five-year period:... View More
That
They want me to come up with another $59k
After paying my plan payment the court set up.
6 months left of payments.
They want me to
Pay additional $59k plus monthly payments of $885.within the next 6 months.
The payment plan was set up by court.
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answered on May 1, 2024
I understand that this is a very stressful and frustrating situation. It seems highly unusual for the court to suddenly require such a large additional payment so close to the end of your bankruptcy plan. Here are a few thoughts and suggestions:
1. Carefully review the notice you received... 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
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 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
The property is exempt on the statement of intention.
answered on Mar 15, 2024
You can expect to pay lawyer fees in the $3000 range for this work. Motions to reopen and to avoid a lien are routinely granted, provided you have sufficient evidence to demonstrate that the lien would have been avoidable during the original case.
The property is exempt on the statement of intention.
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answered on Mar 14, 2024
While it can be challenging to address a lien that was not properly handled during a Chapter 7 bankruptcy case, there may still be options available to you, depending on the specific circumstances of your case. Here are a few potential avenues to explore:
1. Reopening the bankruptcy case:... View More
My real estate LLC has been destroyed by years of family court divorce proceeding which have left the company unable to maneuver its holdings, operate, or pay it's high interest rate short term notes that are now all in default. Is an attorney reuired for an LLC bankruptcy and can I get rid of... View More
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answered on Feb 28, 2024
Navigating bankruptcy for a California real estate LLC can be complex and challenging, particularly when the company is entangled in difficulties such as those you've described. While you aren't legally required to have an attorney to file for bankruptcy, the intricacies of bankruptcy law... View More
I have a California real estate llc with many debts and it’s not currently operational due to 3 years of ongoing divorce proceeding in San Diego, CA. Do I need an attorney for any type of llc bankruptcy and how much would it cost?
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answered on Feb 24, 2024
In California, while it's technically possible to file for bankruptcy on your own behalf, including for an LLC, navigating the complexities of bankruptcy law and proceedings usually requires professional legal assistance. This is especially true for businesses such as an LLC, where the... View More
I cannot afford to pay my past due balance of $1200 and the carrier has now sent me an email stating that if I don't pay the past due bill that they will refer me over to a debt collector. What are my options here? What will happen with my bankruptcy if this creditor sends me to collections?
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answered on Feb 20, 2024
Under Chapter 13 bankruptcy in California, you are on a court-approved plan to repay your debts over a period of three to five years. If you've defaulted on a new debt, like your cell phone bill, during this period, it's important to address the situation promptly to avoid complicating... View More
I cannot afford to pay my past due balance of $1200 and the carrier has now sent me an email stating that if I don't pay the past due bill that they will refer me over to a debt collector. What are my options here? What will happen with my bankruptcy if this creditor sends me to collections?
answered on Feb 20, 2024
Your confirmed Plan is your first stop- does it read that you will pay, directly, specific debts? If so, and your cell bill is among those, then you have violated your confirmed Plan, and the bankruptcy Trustee my file to convert or dismiss your case. (You don't say whether you are current... View More
I am a creditor in an Chapter 11 LLC Bankruptcy. The BK was discharged about one year ago. It appears as though the LLC will not be able to meet its obligations under the plan. The manager of the LLC is threatening another bankruptcy. is this allowed?
answered on Feb 19, 2024
It is not very common, but it does happen. Obviously, a repeat filing will be a harder row for them to hoe than the first case.
I suggest you get legal representation now, before they pull the trigger. With good representation maybe you can get them to provide you with concessions to make... View More
I am a creditor in an Chapter 11 LLC Bankruptcy. The BK was discharged about one year ago. It appears as though the LLC will not be able to meet its obligations under the plan. The manager of the LLC is threatening another bankruptcy. is this allowed?
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answered on Feb 20, 2024
In the context of U.S. bankruptcy law, there are no strict limits on how frequently an LLC can file for Chapter 11 bankruptcy. However, the feasibility of filing another Chapter 11 case shortly after a discharge depends on various factors, including the specifics of the previous case and the... View More
is there a fee I can collect. Other vendors were paid for their services on the date of the job. In addition they lied for months saying payment was being processed, knowingly this was filed.
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answered on Feb 21, 2024
In this scenario, since the company has filed for Chapter 11 bankruptcy in Delaware, it means they are undergoing a reorganization process to restructure their debts and assets. As a creditor owed unpaid wages, you have the right to file a claim with the bankruptcy court. You should gather all... View More
is there a fee I can collect. Other vendors were paid for their services on the date of the job. In addition they lied for months saying payment was being processed, knowingly this was filed.
answered on Feb 12, 2024
You will need to file a proof of claim either with the Bankruptcy Court or with the claims agent, if there is one. It depends on the Chapter 11 case. If there is a claims agent, there will be a website with the information needed to file a claim. If not, then you will want to check the Court's... View More
My 80 year old family member has a loan being managed by a debt consolidation company and another personal loan which she put her car up for collateral on. She declared Chapter 7 finalized 1/2021. What will happen due to her not being able to pay these loans back?
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answered on Jan 28, 2024
If your family member is unable to pay the loans managed by the debt consolidation company and the personal loan with her car as collateral, there are several potential consequences. It's crucial to understand that each loan might be treated differently based on the terms of the loan and the... View More
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answered on Jan 26, 2024
In the context of Chapter 13 bankruptcy, filing back-to-back without a discharge from the first case is a scenario that requires careful consideration under the law. Typically, you can file for Chapter 13 bankruptcy again after a previous filing, but there are specific time limits and conditions... View More
I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me
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answered on Jan 22, 2024
Since your question is under the bankruptcy category I'm going to assume you got a warrant for failing to appear ready judgment debtor exam. If that's the case they generally don't come get you. But the warrant remains outstanding and if you ever get pulled over for a ticket,... View More
I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me
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answered on Jan 22, 2024
Under California law, once an arrest warrant is issued, there is no specific time frame within which law enforcement must execute the warrant and bring you before a judge. However, once you are arrested on the warrant, the law does require that you be brought before a court without unnecessary... View More
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