Get free answers to your Bankruptcy legal questions from lawyers in your area.
The short sale began before the bancruptcy filing in california
answered on Aug 3, 2011
If you are not represented by a lawyer, you will need to ask the trustee asigned to your case what needs to be done to get the trustee to formally abandon the residence as an asset in your case.
answered on Aug 3, 2011
A bankruptcy attorney can advise you how best to handle a wage garnishment. Most bankruptcy attorneys offer free consultations. www.nacba.org offers a list of local attorneys.
answered on Jul 16, 2011
You are asking a question about exemptions. In order to keep your car in a Chapter 7, you have to exempt it. If you don't exempt it, it can be taken and sold to pay debts. This is a good question to take to a lawyer in person. The answer depends on both the dollar value and the kinds of things... View More
answered on Jul 4, 2011
You can file a proof of claim in the bankruptcy so that you receive a proportional distribution of the funds the court finds available to distribute. You can follow the progress in the case so that if it fails and a discharge is denied you can sue to collect your money. You can read the schedules... View More
answered on Jun 23, 2011
If you want to keep your car and transfer to a 7, you need to speak to an attorney in person about how to do that.
answered on Jun 23, 2011
Find a consumer attorney, one who files cases based on the Fair Debt Collection Practices Act. If you're in the Bay Area, I might be able to help you.
answered on Jun 23, 2011
There are serious risks to filing without a bankruptcy attorney. Some people do it. Results can include losing property, like a car, that an attorney would have known how to protect. It is almost impossible to file a 13 that will be confirmed without an attorney. 7's are more straightforward... View More
answered on Jun 23, 2011
The Owner/ Seller needs to check with a bankruptcy attorney, in person with all the specific paperwork related to the property. If the lien was avoided or stripped off, than there is litigation to get the lien off the title. If it wasn't at the time, than the seller needs to find out whether... View More
The statement of financial affairs, question 3c, asks for a list of all payments made to an insider creditor within the last 12 months. Is it possible to simply have the money returned to me, add it to my assets, which are exempt, and then add the creditor to my schedule F?
answered on Jun 7, 2011
This question really needs a competent attorney to answer it in person. The short answer is no. The longer answer is something else may be possible depending on your situation.
answered on Jun 7, 2011
The bankruptcy filing is public information and can be found by going to the court and looking up the case. The social security number of the person filing is protected for privacy reasons. Occasionally something else will be protected through an order of the court.
answered on May 11, 2011
If the case is still open, you can amend your creditor list and your schedules, pay a filing fee and get the creditor listed. You will have to send notice to the creditor of the bankruptcy. If the case is already closed, the court might grant permission to reopen the case. You would have to ask the... View More
I am a creditor in a bankruptcy hearing. The debtor was found to have committed fraud by embezzlement, and the judge did not allow full discharge. Can I still file a complaint with the DA's Office regarding the crimes committed, where the debtor admitted to theft by misrepresentation, selling... View More
answered on May 5, 2011
Yes, and I would also contact the department of Justice and the the office of the U.S. Trustee. If you are the one injured by the embezzlement, you may also be able to take that court finding of embezzlement and use it as solid evidence in a private lawsuit against them.
Modification even my payments the payments are current. Last week I have received a Notice of Motion and Motion for relief from automatic stay. It says that I don't have to go to the court, but it is confuse i don't know if the lender wants I move the property from the bk, or they want... View More
answered on May 5, 2011
Filing a bankruptcy is serious business. Doing a bankruptcy without an attorney's help is very risky, depending on your situation. I don't know what city you are in, but I would go to the website for the National Association of Consumer Bankruptcy Attorneys, find a local attorney, take... View More
answered on Apr 4, 2011
You may have legal defenses and even a right to sue for harassment under the Fair Debt Collections Practices Act. These law suits are usually filed for free by attorneys because if you win, the attorney gets paid by the debt collector.
Bankruptcy attorneys often offer free consultations. In... View More
The IRA is in land which would have to be sold. The land must be sold as one piece which equals more than my debts. I don't want to have to sell the land.
answered on Apr 4, 2011
If it is a valid IRA, then it should be exempt in the bankruptcy. That means that if the petition is filled out properly and the exemption is taken correctly, then bankruptcy law says that the IRA should be safe. Sometimes people lose assets that should be safe if the bankruptcy is done carelessly,... View More
answered on Apr 4, 2011
To get paid anything, you have to file a proof of claim form with the bankruptcy court. You have to file your claim within the correct time limits for that case. You can find a proof of claim form here.
http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms.aspx
answered on Apr 4, 2011
For the bankruptcy, you can go to the federal bankruptcy database called PACER. It is available free to the public in the clerk's office at Federal Courts, or you can get your own account here. https://www.pacer.gov/psco/cgi-bin/regform.pl
Or, you could ask a local bankruptcy attorney.... View More
answered on Mar 6, 2011
I would highly recommend that you retain an attorney to handle your chapter 13 bankruptcy case as it involves preparing a proposed payment plan and many chapter 13 cases fail because the trustee can't approve the proposed payment plan. Obviously, without knowing your particular circumstances,... View More
My lender for my home can not prove they own my loan. so i was told to file bankrupcy then an advisary or a quit title. another person has told me to file preservation of interest instead. any input as to what you know about this would help. thank you.
answered on Mar 6, 2011
Nobody can advise you on what you can and should do without the benefit of all the facts. Bankruptcy law and filing adversary proceedings is not easy and should only be done by an experienced attorney. What you can and cannot do will depend on which type of bankruptcy case you are contemplating... View More
answered on Mar 6, 2011
There is no law that says you cannot represent yourself in a bankruptcy case. However, it is very important that you follow all the procedures to avoid getting your case dismissed. Bankruptcy cases can get complicated quickly and it is difficult to find an attorney who will be willing to take on... View More
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