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answered on Apr 10, 2013
If you used an attorney, a quick call to him/her will provide you with the answer. If not, there are several ways. If you have the original notice of bankrutpcy filing, which was mailed to you right after you filed the case, you can find the filing date towards the top of this form. If you... View More
answered on Apr 10, 2013
Not necessarily. Garnishment can be result of an unsecured creditor (such as credit card account) having filed a lawsuit and obtained a judgment. You would list the original creditor information on schedule F, then list any collection agencies on the Creditor's Matrix. If you have been sued... View More
Before the mortgage servicer's claim was disallowed, a previous attempt was made by the mortgage servicer to lift the automatic stay. It failed due to lack of standing.
It was before the proof of claim was disallowed and the motion to lift automatic stay was dismissed without... View More
answered on Apr 10, 2013
Probably. Not sure why the proof of claim was disallowed. Generally speaking a secured creditor who is not receiving regular payments can seek motion for relief of stay in order to foreclose on the property. If you are trying to prevent foreclosure and don't have an attorney representing... View More
answered on Apr 10, 2013
This is too broad of a question to answer in this forum.
answered on Apr 10, 2013
Since you owe more than the value of the truck, it means you have no equity in the truck and unless you fail to make paymens on the vehicle or fail to sign a reaffirmation agreement (but only if the creditor is the type that insists on reaffirmations) then you can keep the truck. Even if you had... View More
answered on Apr 10, 2013
If you are a creditor with pending cases in several different courts and you have changed your address, then yes you would need to file notice of change of address with each court where the cases are pending.
answered on Apr 10, 2013
The Trustee does not have the authority to dismiss a case. Only the court can dismiss a case. The Trustee however can motion the court for a dismissal. Filing a motion is a way of asking for the court to do something. If the court agrees that Trustee has valid basis for seeking dismissal it can... View More
answered on Apr 10, 2013
There are several ways to get referrals for local attorneys. Best way is to ask friends/family. Another option is to contact your local bar association for a referral. If you are looking for assistance on a bankruptcy related matter I would hire an attorney who is a member of the National... View More
answered on Apr 10, 2013
Potentially yes! Do not even think about filing for bankruptcy unless you have consulted with a bankrutpcy attorney who has determined that the inheritance is exempt and cannot be taken by the Trustee for the benefit of your creditors.
answered on Apr 10, 2013
This question is very confusing. Why would a debtor be trying to collect from a creditor? Why would a creditor receive a discharge? Debtor receives a discharge. Perhaps you meant to ask whether it is legal for a creditor to attempt to collect from a debtor on a debt that was discharged in... View More
answered on Apr 10, 2013
Only certain types of creditors can go after the garnishment of social security checks, for example a creditor seeking payment for federal student loan(s). If this creditor is a credit card, the answer is no they cannot garnish the social security check. However, they can levy your bank account.... View More
answered on Apr 10, 2013
What is your question? I assume you are concerned that the bankruptcy is on your record, even though it did not complete. Unfortunately, the bankruptcy will remain on your credit report for 10 years, regardless if the bankruptcy case is successful. This is another good reason why consulting and... View More
answered on Apr 10, 2013
This depends on your local jurisdiction. For example, San Diego county does not provide bankruptcy representation in their pro-bono clinics or through legal aid servicing indigents. This somewhat makes sense only from the perspective that state and county resources are limited and choices must be... View More
answered on Apr 10, 2013
I can't think of how filing for bankruptcy would accomplish such goals. You can't file bankruptcy in a divorce case. Bankruptcy is a separate legal matter handled in the bankruptcy court, under federal court system. A debtor files the case with the Bankruptcy court. Family law matters... View More
answered on Apr 10, 2013
Without more facts it's impossible to answer this question. If a debt management program is manageable with some tweeking of your budget then certainty it may be worth a try. There is no minimum amount required as far as debt in order to file for bankruptcy protection. Whether filing... View More
A judgment against my ex-landlord for signing a lease agreement with intention of obtaining illegal rental income and property damage due to multiple floods of the unit (after multiple notices, causing inhabitable conditions). This ruined my belongings, bedroom furniture, and made me sick. Since... View More
answered on Dec 29, 2012
It may well be nondischargeable. An act to intentionally cause harm to person or property is nondischargeable. In order to determine such, you will need to file a motion to determine the dischargeability of a debt and have the court make the determination.
answered on Dec 29, 2012
It will depend on the equity value of the property and the amount of monthly rents being collected, if any.
answered on Dec 29, 2012
You can create a free account on PACER to obtain all bankruptcy case information or call the bankruptcvy court for the case number.
My husband is selling his equipment, we plan on using the money to pay off some of our bills, but we would like to know if we should do it before or after we declare bankruptcy.
answered on Dec 3, 2012
Do not pay large amount of money to family, friends, or credit cards before filing chapter 7 bankruptcy. These are considered "preferences" and the bankruptcy trustee will be able to take such money back and re-distribute to all of the creditors on a pro-rata basis. The amount of money... View More
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