Get free answers to your Bankruptcy legal questions from lawyers in your area.
answered on May 30, 2015
There is no specified time frame in which you must wait to file for divorce. Depending upon the facts, in some instances it is better to determine what your obligations are in a divorce decree before you decide to file a divorce. In other instances, the timing of the divorce and/or bankruptcy are... View More 
My ex-husband is squatting in our home and was supposed to be out May 15, 2015 per divorce court order. Although I have begun eviction proceedings he may file bankruptcy and get a stay. I have been informed I must file a relief from automatic stay in order to get the stay lifted.
answered on May 24, 2015
A motion must be filed with the bankruptcy court that requests that the automatic stay be lifted to allow you to proceed with eviction proceedings. Court cost must be paid to file a motion to lift. The fee for filing the motion is $176.00. Most courts will also require that you prepare the... View More
answered on May 23, 2015
You must be asking how long a bank has to foreclose on its mortgage. The lien would have been perfected when the mortgage was enrolled in the land records for the county in which the property is located which was probably long before you filed your bankruptcy.
In our state, the statute... View More
1. Filed case February 7, 2013 (02/07/2013)
2. Received Discharge May 18, 2013
3. Case is an Open Asset case (as of today – Trustee is suing previous employer for past wages of almost $125,000)
4. Approximately May 26, 2014 – Bankruptcy Court granted a Relief of... View More
answered on May 21, 2015
You have quite a few problems with those facts. I am not licensed in California, but if some of the things that you and your wife did in my state, then you have created more problems than you would have had you not made the transfers. If you convey your homestead and put it in an LLC, then the... View More
answered on May 19, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Generally, you can file for bankruptcy protection while an action is pending against you. However, there are certain claims/causes of action that are not dischargeable in... View More
answered on Mar 17, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
If you feel you are able to properly fill out the forms, you can file a bankruptcy petition on your own. Otherwise, you should retain an attorney.
Do you know where I can find the filing?
answered on Mar 5, 2015
You can find bankruptcy cases on PACER.gov. That case number looks like just a partial one so you may need to search by party name in order to find it. Once you find it, you can view and print whatever documents you need from PACER.
Andy
Do we need to get a bankruptcy attorney now before they file
answered on Feb 22, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Their bankruptcy may affect the amounts of money you are owed, with some exceptions such as if you are a fully secured creditor. Your attorney can help you assess your risks, and... View More
I am a disabled, low income, senior woman in need of a pro bono attorney. How do I obtain one?
answered on Feb 7, 2015
Disclaimer: The following advice is for informational purposes only and should NOT be relied on as legal advice. No attorney-client relationship is formed through these questions and answers. Check our website http://www.joshilawfirm.com to contact us and discuss your case in detail.... View More
answered on Feb 2, 2015
My first advice would be to consult a competent lawyer because there are deadlines that need to be followed to file such claims.You may file something called an "Adversary Proceeding" or "Adversary Complaint" against the debtor. Due to its complexity, it is highly recommended... View More
What to do
answered on Jan 4, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
If your former landlord (LL) filed for bankruptcy, that would affect LL's liabilities -- not yours. Technically, the bankruptcy estate of LL would be the new creditor, and you... View More
I am filling out a loan application they are asking if I have 'ever' had a bankruptcy? I did but it is off my record at this point, do I have to answer, is it legal to inquire about old bankruptcies?
answered on Dec 31, 2014
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
It would not be illegal to ask about your history of bankruptcy filings. If the application asks whether you "ever" filed for bankruptcy, you need to disclose any bankruptcy... View More
Mortgage company filed in court claiming that I have not complied with post bankruptcy payments.
answered on Dec 18, 2014
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
That is the legal citation to subdivision (b)(5) of Section 1322 of the United State Bankruptcy Code. You can read the text of that Code Section at your local law library, or online... View More
He has an outstanding invoice with me and i can't get in touch with him. He CLAIMS to have declared bankruptcy in TX but I don't know if he has. How do i find out? He lived in KYLE, TX.
answered on Nov 28, 2014
You can look him up on a government website called PACER (pacer.gov). It is free and you can check to see whether there indeed is a bankruptcy case in his name in whatever federal court district covers Kyle, TX.
I suspect there is no bankruptcy or he didn't list you as a creditor. If... View More
answered on Aug 9, 2014
This question is difficult to answer without further information. Was your bankruptcy case a Chapter 7 or a Chapter 13. Were you trying to strip your second mortgage in a Chapter 13? Generally you can remove your personal liability for a second mortgage in a Chapter 7 bankruptcy, but if you intend... View More
answered on Apr 28, 2014
The contract between the parties should state the remedies and will, likely, be controlling. The remedies can be wide ranging, but speculating, without the contract, would not be advisable.
The Bankruptcy relationship, here, is unknown as well and not stated in the question.
answered on Feb 22, 2014
Interest of your boyfriend in the property to the extent owned by him in your property will be part of bankruptcy estate unless successfully could be exempted. Need additional facts, to be able to determine, if it could be exempted or not.
I have had this horse for a while. He is a registered animal. In 1990 I transferred ownership through the Quarter Horse Assn to my Dad to protect it from a divorce. I never transferred it back. The attorney is telling me I have to list it anyway since I still have been taking care of it and... View More
answered on Jan 24, 2014
Your attorney can do a Strip on a totally unsecured second/third/etc mortgage. The first maybe able to be Crammed Down or Modified.
answered on Jan 24, 2014
Any causes of action arising prior to the filing of a Bky case must be listed in the Petition and specifically abandoned by the Trustee, for the Debtor to subsequently pursue the matter. If it was not, you should reopen the Bky to include it.
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