answered on Feb 6, 2022
Yes.
There are two basic tests for whether one is bankruptcy-
1. Inability to pay debts as they become due, and
2. If the total amount of your debts exceeds the total value of your assets.
Eligibility for specific chapters of bankruptcy are set forth in Section 109 of the Bankruptcy Code.
I'm very confused by Delaware state code's "duty to support" clause and how it applies to my bankruptcy case. The clause says each spouse has the duty to support the other, so my wife is technically responsible for my ER bills? But the subsequent clause states that this duty... View More 
answered on Sep 14, 2021
Section 109 of the Bankruptcy Code determines who is eligible for relief under each of the different bankruptcy "chapters", e.g., 7, 13, 11, etc.
Federal law, it is often said, is the "supreme law of the land", and that is certainly true where a determination of who may... View More
A website gives discount for each one who use an invite code. I opened more than one account to get this discount every time I purchased from them. I used different cards, name and shipping address on every time I purchased. Can they judge me or charge my card if they know that it's one who... View More
Called to get payoff, was told account was flagged for BK and that manager has to call corporate to find out if she can take my money. I have the $140 and just want to pay it off.
answered on Oct 25, 2020
The "curtain" drops regarding debts and assets on the day a Ch.7 case is filed, for purposes of determining what assets are included in the bankruptcy "estate", as well as what debts will be subject to discharge.
Any duly perfected lien will not be discharged, or... View More
The creditor (IEH) with the collusion of management is grossly undervaluing assets (3 separate FDA approved drugs and one pipeline drug) more properly valued at $500M. Management was to have refinanced the $170M debt already but due to gross negligence or complicity with creditor failed to do so.... View More
answered on Jul 14, 2020
Firstly, a forum like this is an inadequate place to answer a complex question such as yours.
If you--and other stockholders--are aggrieved then you need to hire your own lawyer to appear on your behalf to address the issues. There is no way to enjoin the progress of a bankruptcy--only to... View More
answered on Oct 8, 2019
Depends on the attorney, the level of experience and complexity of your case, but figure anywhere from 2,000-4,000 + Filing fees and other costs.
If I pay all the pay day loans there isn't enough money to pay the cell phone bill, the car insurance, the Verizon bill and the car loan. I am a teacher. The shame and the stress is killing me. Can you please give me some advice.
frock741@hotmail.com
answered on Sep 4, 2019
You should definitely consult with a Chapter 7 Specialist in your area. You don't indicate what your salary is, or if you are a dual income household, or many other items that a good Bankruptcy Counsel will ask. Please seek someone in your state, and don't hesitate to ask for a... View More
FTD sued me in Illinois over contract a dispute in March. I am in Cambridge, Mass. I hired an attorney in IL who specializes in contract law. In June while we were in litigation FTD declared bankruptcy in DE. Our case is placed on hold. My attorney in IL has been notified that we are one of the... View More
answered on Jul 16, 2019
Even if it is to put a Proof of Claim, I would be retaining Counsel to handle same
I am a creditor in a bankruptcy case. I put a motion in to have the case dismissed on several grounds, bankruptcy fraud, repetitive filings etc. the Trustee also filed a motion to dismiss the case. We have an upcoming trial. Will I have the opportunity to ask the debtor questions on the stand?
answered on Feb 13, 2019
Yes, either at the 341 creditors meeting, the trial, or both.
One bureau shows closed 0 balance. The other shows 23k. Closed and written off as bad debt. The Bank is calling but not stating why. I have recieved no written correspondence. Can they reopen it this late? Should I call them back?
answered on Jan 31, 2018
Congratulations on completing your chapter 13, very few people accomplish what you have achieved. In order to discharge the student loan, you will have to file an adversary in addition to a bankruptcy and prove the student loan is an undue hardship. This is easier said than done. When you file... View More
answered on Jun 26, 2014
In most instances, it refers to a creditor who withdraws its claim against the debtor.
My ex and I purchased a home together and both names are on the mortgage and deed. We broke up and she continued to live in the house, while I paid the mortgage. She abandoned the property over a year ago and moved out of state and I continued to pay the mortgage.
answered on Jan 27, 2014
It will say that the account was in a Bky, but as long as you make the payments timely, it shouldn't matter.
answered on Nov 10, 2011
Married persons are permitted to file bankruptcy without their spouse. The Creditors from any jointly held debts will seek payment solely from you. However, on the plus side, if you are eligible for support, the lack of his debts should weigh in your favor.
answered on Nov 8, 2011
Filing a Bankruptcy involves a weighing of several items, personal and legal. If you have no personal issues, then the major obstacle is the Means Test. This test is broken into several parts and looks at an average of what you have earned over the last six months, then compares it to others in... View More
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