She owns the house and doesn't live here, and I pay her rent monthly out of my bank account and have been paying her back rent too.
answered on Jun 11, 2020
It won’t hurt to disclose that, but it will have no adverse effect on you either way.
answered on Jun 10, 2020
While they don't have to, bankruptcy trustees have been leaving stimulus money alone.
If you file before any bill passes providing for a second round of stimulus, that money would not be part of the bankruptcy estate.
Additionally, the CO legislature is working on a bill to... View More 
answered on May 5, 2020
No. File your expose motion with the Court. No need to terminate stay if you file in the bankruptcy court.
answered on Apr 15, 2020
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... View 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... View More
answered on Apr 10, 2020
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... View 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... View More
answered on Mar 31, 2020
Contact a California Bankruptcy attorney who’s can analyze the situation for you and direct you as to what to do.
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... View More
answered on Feb 12, 2020
Get a copy of your 2002 bankruptcy and show the lender where it was listed and then discharged and that should resolve the problem.
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
answered on Feb 10, 2020
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... View More
answered on Feb 5, 2020
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 has a student loan and credit cards that she is unable to pay due to the amount required to take care of health needs
answered on Jan 22, 2020
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.
My lawsuit hasn't been settled yet.
answered on Dec 11, 2019
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... View 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... View More
answered on Oct 18, 2019
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... View More
Will the bankruptcy affect my settlement?
answered on Oct 18, 2019
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... View More
I know I have to list it in the bk. But how does this work if I have to claim it in the c7. Do I include it and just keep paying on it?
answered on Sep 30, 2019
List it. The lender will contact you to sign a reaffirmation agreement (agreement to keep paying to keep car). If you sign the reaff, you keep paying and you keep the car.
answered on Sep 10, 2019
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... View More
2 estates are suing each other and I am also going through bankrutcy
In Colorado Aurora Arapahoe county
answered on Feb 21, 2019
If you are filing for Chapter 13, then you could put Counsel fees through your Chapter 13 Plan. If you are filing for Chapter 7, fees need to be paid before filing so as to not run afoul of the automatic stay of 11 USC 362
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