Can we file bankruptcy and keep home?
Depends on home value, mortgages and equity in property. Those numbers are all needed for a ballpark guesstimate to answer your question.
LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with... Read more »
Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord?... Read more »
Should I pay the planned nonoperation fee of $22 or should I not pay anything and list dmv as a debtor?
Yes.
I suggest you use this site to locate a bankruptcy attorney in your area to consult regarding your options. Many of us offer a half hour no charge consultation. You may not need a bankruptcy, but that is where I suggest you start - since an attorney with that experience may be able to evaluate... Read more »
I am hoping the truth is on my side and I will win but it's never guaranteed. The amt sued would wipe out my co. And I wouldn't be able to pay without selling. Can I file chap 11 if I lose and judgement against me. Or do I file before trial to end the lawsuit. Please guide me since trial... Read more »
I urge you to talk with a bankruptcy attorney experienced with chapter 11 cases. Chapter 11 is a reorganization for the debtor filing, in this situation, your company. An must be done to determine whether the company can reorganize and repay creditors some amount of the debt that is owed. Filing... Read more »
Our million dollar estate was distributed while it is still in the bankruptcy trustees control and I do not believe a relief of stay was granted to distribute the estate. In any case I was awarded one of the homes while my X got everything else . My home is encumbered 100% and is to be sold since... Read more »
Your question presents a very complicated case and issues; I believe, much more than can be responded to in this forum. I urge you to contact an experienced bankruptcy attorney in your area to arrange a consultation to go over in detail what has occurred and what your options might be.
Attorneys fees can be included in the plan so that the attorney is paid as part of the distribution from your plan payments. If you had paid $2300 in advance to the attorney, that should have been deducted from the full amount of the fee, thereby reducing the amount in the plan. Did your attorney... Read more »
If this was a condition of plan confirmation and is in the order confirming your plan, then if you don't comply with a term of the plan, the case could be dismissed or converted to chapter 7. You should really communicate with your attorney. If you did not have an attorney representing you,... Read more »
Probably the extra is the late weeks plan payment
Yes. Not only common but required in some jurisdictions.
If you are asking whether she is protected by the automatic stay that goes into effect when a bankruptcy is filed, from the creditor seeking payment from her - it depends. You indicate she isn't a signer - do you mean she is not on the loan? If she didn't sign the loan as a co-borrower,... Read more »
consolidation or do i need to call him and tell him?
You cannot borrow money while in a chapter 13 without court approval. I suggest you meet with your attorney to discuss the possibility of modification to your plan since you apparently are not handling your finances based upon the monthly budget you created two years ago when the case was filed.... Read more »
My friend was sued, paid $10,000.,got an attorney who then passed the case over to another attorney friend, who told my friend she needed to file Chapter 11 bankruptcy and ask for $35,000. retainer. My friend didn't want bankruptcy, has no corporation, but has assets in real estate. June... Read more »
Have your friend call me 310-271-6223.
We are in Chapter 13 , and her an I are in good terms and planned out spousal support and we both would keep a car. The court mediator said we had to get a lift of the chapter 13 Stay before doing the separation of assets but that would defeat the purpose of the Chapter 13. The payments to the... Read more »
You cannot do a division of assets until the bankruptcy is final unless you get approval from the court bc said assets are the property of the bankruptcy estate.
3500.00 credit cards
Hello,
Some of your IRS debt may be dischargeable in bankruptcy. Other debts such as credit cards, personal loans, and medical bills are typically dischargeable. You can also keep your car in bankruptcy. If you lost income and are having trouble making payments then bankruptcy may be a... Read more »
I am in an odd situation in which I live in both NH and CA and could claim residency at both. I would like to file BK for student loan discharge ( 93K) due to economic hardship. ( I support both CA and NH household).
I am worried that if I file in NH , I may not pass the brunner test due... Read more »
Highly unlikely that they get discharged completely in either state. They almost never do. I suspect CA would be the best place, but again, not likely for much relief in either state.
This was clearly a strategic move by the creditor to serve me via mail just prior to the holidays so I would have little to no recourse. I need help filing a motion for extension of time to object, to extend the automatic stay , to find legal assistance and to have someone appear on my behalf at... Read more »
You and your attorney must b be served by mail at least 14 days before the hearing. That means that the Notice and other documents go INto the mail 14 calendar days before the hearing. If on 14 days notice, the first hearing is considred a "preliminary hearing". At that time the court... Read more »
I have no transportation
I have helped clients with this issue through chapter 13 where their overall financial circumstances, not only the repossessed vehicle recovery, justified the administrative costs and supported a feasible plan of reorganization.
Sometimes it is more cost efficient to recover the vehicle... Read more »
Yes. You can.
I'm a owner operator truck driver and debt has piled up. I'm roughly at $25,000 on credit cards and other obligations has caused me to go under water quite a bit.
I'm 2 years in with my corporation self employed, and both years of tax returns are showing $30k or less after... Read more »
I am unclear as to what you are considering and why. Personal chapter 7 or corporate? Both represent issues that can only be addressed with more information from you. I urge you to contact a bankruptcy attorney to discuss these options and issues. Several of us offer a no charge consultation... Read more »
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