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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
answered on Nov 30, 2018
Not necessarily, depends on many factors such as equity, value, income, Chapter and the like.
answered on Nov 9, 2018
You can amend the schedules at any time during (and even after) the case. It's better to do it before someone else discovers the oversight so you can't be accused of being dishonest.
Attorney said not possible to reopen bankruptcy and due to the balance of loan it’s not in our best interest. We are only a year into this 5 year loan and plan to pay it off. I have been told by the lender we can file motion with courts to re open and set aside the release so a reaffirmation can... View More
answered on Oct 19, 2018
Yes. It can be reopened and filed. Whether it is in your best interests is another issue. You will probably have to pay the reopening fee to get it filed. I doubt the attorney will pay it although you can always ask.
answered on Oct 18, 2018
Yes you can. However, you must disclose all such transfers. If you did not get equivalent value in return, the bankruptcy trustee can sue the person you transferred the property to and make them give/pay it back. If you don't disclose all such transfers, you will have committed a federal felony.
According to U.S.S.C. 523 (a) (16) I did not have the intention to keep the house. The bank foreclosed on the house in 2012 and removed the foreclosure 2 months later. They later foreclosed again in 2015 and sold the house. The HOA is using a debt collector to attempt to take $3800 that was... View More
answered on Sep 25, 2018
The ideal time to file bankruptcy is when your personal or business debt is so overwhelming that would not be a able to pay it off, also when you desire a fresh financial start.
By your hesitancy to file bankruptcy, is like a lot of people, you think that bankruptcy is somehow a negative... View More
answered on Sep 16, 2018
She will be called upon to pay any and all joint debts. You probably should consult a competent bankruptcy attorney before you do anything else. You may want to consider advising your spouse as well.
answered on Aug 8, 2018
You should determine which chapter, 7 it 13, after consultation with your bankruptcy lawyer on which your situation requires.
So, the consigners aren't covered under the LLC?
answered on Aug 6, 2018
Any bankruptcy filing must include all your assets and all your creditors. There is no such thing as a selective bankruptcy.
as a doctor, which is what I went to school and took loans out for. Would that qualify for a discharge of students loans in a bankruptcy proceeding?
answered on Jul 25, 2018
It could mitigate a portion of the debt as undue hardship. May not be able to discharge all of it, but certainly part is feasible.
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