You need to consult with an attorney for an in-depth answer because there are several different exemptions which might apply. That said, here is part of a decision in a Colorado bankruptcy case (Case:17-13786-JGR Doc#:35) which sets out some of the relevant law:
Under the Stimulus Package, in Section 1113(b), Congress has decided that these stimulus payments to the American people should not count against them when it comes to bankruptcy. As such, in the Stimulus Package, Congress is amending the Bankruptcy Code as follows: “[e]xclusion from Current...Read more »
ESSENTIALLY THE ONLY WAY TO REFINANCE OUR PROPERTY IS THROUGH FHA WE ARE 69 YEARS OLD AND THE FRESNO CA. OFFICE PLACED A NEGATIVE REPORT ON A CAVIRS REPORT AND EVEN KNOW WE HAVE NEVER BEEN 30 DAYS LATE ON ANY MORTGAGE-FHA WILL NOT REFI UNLESS SBA REMOVES THE NEGATIVE AND PAY THEM WITH A NEW... Read more »
You are not obligated to pay the debt as it was discharged. However the SBA and FHA are not obligated to continue to do business with you at all. If the liens were not avoided, they are still valid. You should consult an experienced bankruptcy attorney who can consider all your options, but...Read more »
BASICALLY I HAD PAID DOWN $21000 ON A $36,000 BALANCE , AND I'AM TRYING TO OBTAIN A NEW FHA LOAN , WE REAFFIRMED OUR HOME AND AUTO LEASE PAYMENTS WITH THE BANK, BUT I WASN'T AWARE THAT THE SBA COULD BLOCK US FROM GETTING A NEW FHA LOAN BECAUSE OF THE BALANCE THAT WAS INCLUDED IN THE... Read more »
We are now doing a refi on our PRIMARY home (not the rental) and the mortgage company we are using for the refi insists they must include the rental property as a debt even though, according to our bankruptcy records, it was dismissed. We have been voluntarily making payments on the property since... Read more »
There is an area behind four homes in our area that is a very steep, collapsing hill. The home buyers understood from a design plan that the developer would build retaining walls to prevent the hills collapse. Our builder is now saying it is the responsibility of the HOA - not him
Who owns and is thus responsible for the retaining wall? Generally, a builder initially owns all common areas, but at some point in the development process the developer assigns ownership of the common areas to the HOA. After this assignment the HOA owns the common areas/walls and is responsible...Read more »
You can probably protect the car with your state or federal exemptions if you’re filing bankruptcy. Do not put the car in your sons name bc that could be fraudulent. Consult a competent bankruptcy attorney before you make any move.
She should seek a forbearance due to her illness unless she has a lot of other debt as well, especially since the student loans are no dischargeable. She should consult a competent bankruptcy attorney to discuss her full options.
If you had a claim against a third party on the day the case was filed, that is an asset which is probably property of the bankruptcy estate. This means that the lawsuit isn't yours to settle. Your attorney in the suit will need to coordinate with the trustee to settle the claim. Part of the...Read more »
He owes $50 in back child support and maintenance to me for not paying for over a year and losing/quitting jobs several times and not paying. He is currently still be garnished for child support/maintenance. Can he discharge the child support/maintenance that is in arrears? Do I need to do... Read more »
I presume this is a continuation of a question about a car accident settlement. The answer is the same - you need to amend your petitions and schedules and inform the trustee about the claim. The situation is somewhat better if you haven't settled yet, because the trustee still has a chance to...Read more »
If the car accident took place before the bankruptcy, your claim became part of the bankruptcy estate and it technically wasn't yours to settle. If you have a bankruptcy attorney, you should bring this up with him or her. If you don't, you should definitely get one right away because...Read more »
Depends on what type of service. If it's a utility, like Xcel, they can require a deposit. If it's a cable provider or a gym, they don't have to let you open a new account. If I were representing the creditor, I'd probably advise against bringing up the old debt in the...Read more »
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