Get free answers to your Bankruptcy legal questions from lawyers in your area.
Approximately four years ago, I fell at the Fort Lauderdale airport while boarding a flight and hired a law firm in Fort Lauderdale on a contingency basis. Initially, they told me I had a strong case, and I signed agreements with them. Over the years, communication about my case was minimal, with... View More 
answered on Jun 7, 2025
If a company files for bankruptcy, lawsuits—including personal injury claims—are usually halted by an automatic stay. However, if the company has insurance that covers the claim, you can file a motion for relief from the stay to proceed with the lawsuit. Courts may grant it if the insurance... View More
I'm planning to file for Chapter 7 bankruptcy in Florida. Before filing, I want to know if I can maintain a bank account during the bankruptcy process.
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answered on May 27, 2025
You can and should maintain you bank accounts open during the bankruptcy process. There is nothing in the bankruptcy code that prohibits you from having and using bank accounts as you normally would. When you file for bankruptcy, the Trustee will request you/your attorney send copies of your bank... View More
My aunt passed away, and I am a TOD (Transfer on Death) on her bank accounts. My sister and I are the only beneficiaries. I've been using funds from her accounts to pay her utilities, and I paid her car insurance from her account while the estate is in probate. Will I face any trouble for... View More
answered on Apr 23, 2025
I am very sorry for your loss on the passing of your aunt, please accept my condolences for you and your family at this difficult time. Accounts that are Transfer on Death or Pay on Death to a designated beneficiary are not estate and probate assets, rather those assets/accounts go to the named... View More
My aunt passed away, and I am a TOD (Transfer on Death) on her bank accounts. My sister and I are the only beneficiaries. I've been using funds from her accounts to pay her utilities, and I paid her car insurance from her account while the estate is in probate. Will I face any trouble for... View More
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answered on Apr 23, 2025
Since you were the named TOD (Transfer on Death) beneficiary on your aunt’s bank accounts, those funds legally passed directly to you upon her death and are not part of the probate estate. Using some of those funds to cover necessary expenses like utilities and car insurance related to her... View More
I am considering filing for bankruptcy following the death of my husband. I have not yet started the process, and I am one payment behind on my mortgage for a mobile home on leased land. I cannot afford my home or car and have credit card debts as well. I am unsure which type of bankruptcy to file.... View More
answered on Apr 16, 2025
I'm sorry for your loss.
There is an automatic stay that is issued when you file. This stops all collections and holds off the eviction process. You should consult with a bankruptcy lawyer to review your situation and advise you of the best way to proceed. May bankruptcy attorneys... View More
Approximately four years ago, my mother fell on the bridge leading to the airplane in Fort Lauderdale, Florida, due to an area without a handrail. She was taken to the hospital, diagnosed with a broken hip, and had surgery, followed by a month of rehabilitation. We hired a lawyer right after the... View More
answered on Apr 16, 2025
I'm sorry to hear about what happened to your mother. A hip fracture can be incredibly painful and life-altering.
Generally speaking, when a company files for bankruptcy, there are automatic legal protections that pause most lawsuits, called an "automatic stay." Whether or... View More
I am going through a bankruptcy filing without my wife, but she wants to sell her car, on which I am listed as a co-owner. Can she sell the car without affecting my bankruptcy filing? The car is not listed as an asset in my bankruptcy, and there are no outstanding loans or legal agreements... View More
answered on Mar 28, 2025
If you are a co-owner of the car, the car should have been listed as an asset on your scheduled. That being said and with transparency being key, I would amend to add that. Given that your name is also on the car, I would amend and then wait until the bankruptcy is final before attempting to sell... View More
Officer and cannot “prosecute” an alleged violation as a juridical officer of the court as well. Is this not a violation of the constitutional separation of powers?
2. Why is the prosecutor statements and evidence being allowed as facts in the courts by their fellow bar member judges?... View More
answered on Feb 8, 2025
1) Actually, the clerk of court (an officer of the judicial branch) issues a summons at the request of a party to a case, or that party's attorney.
2) Attorneys request judges to admit evidence and thus consider it in making decisions. A judge and the attorneys practicing before such... View More
Hello I got served February 1st and am currently waiting for my first SSDI check I just got approved yesterday and need to know how to go about this and what my defense would be since I know more than likely I owe the money but I don't have the funds to pay them, thank you God bless, Richard
answered on Feb 5, 2025
The Middle District of Florida has a pro se clinic that helps people file bankruptcy pro se (by yourself). The clinic is open from 2pm - 4pm every Wednesday without an appointment needed. You can also schedule a consultation in person or by telephone using this link:... View More
My elderly father passed away in a nursing home due to neglect. I filed a lawsuit against the nursing home. It is still pending, and could take up to two years to resolve. If I file for bankruptcy now and win the lawsuit in a year or two. and receive compensation, would I be required to pay off the... View More
answered on Oct 27, 2024
The Official Bankruptcy Forms you are required to file whether you choose a Chapter 7 or 13 case require you to disclose your lawsuit and put an estimated value on it.
The suit will be treated as an asset of the bankruptcy estate and the bankruptcy trustee may become a replacement plaintiff... View More
I have signed IOU and texts of her stating that she felt ethically and morally obligated to pay me back even thought she claimed bankruptcy. I have a letter stating her bankruptcy was dismissed but she had one says it was granted I don’t know if I can sue for remaining debt since she opened the... View More
answered on Oct 23, 2024
Check to see whether her bankruptcy case was dismissed or whether her debts were discharged. Check at https://pacer.login.uscourts.gov/csologin/login.jsf
If your claim was listed, and if her debts were discharged, no, you can't sue her. Her statements that "she felt ethically... View More
After the attorney was appointed to me, I hired him as my divorce lawyer. At the time of final payment for bankruptcy he had all my current financial info. He did not file in a timely manner and has yet to honestly or validly explain why he did not file as soon as my last payment was made which... View More
answered on Oct 8, 2024
The question raises several interesting points:
1. What were the circumstances involving an attorney being appointed to represent you in a bankruptcy case? Normally you would retain a bankruptcy attorney, not have one "appointed" to represent you.
2. You say the... View More
Smile direct club filed for bankruptcy and their financing company is still trying to charge my account. I won the dispute with them and my bank. They are now threatening me to pay the full balance of over $2,000 for a “breach of contract”, although they breached the contract when they could no... View More
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answered on Jun 19, 2024
Based on the information provided, it seems that you have a strong case against Smile Direct Club and their financing company. Here are a few reasons why it might be worth considering hiring a lawyer:
1. Bankruptcy proceedings: With Smile Direct Club filing for bankruptcy, the legal... View More
I sign up with JJ wentworth and now I am paying them for other card . What my options
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answered on Jun 2, 2024
If you are paying for a Chapter 13 payment plan but kept and used one credit card, and now you're also paying J.G. Wentworth for another card, you have a few options to consider.
First, review your Chapter 13 payment plan to ensure that all your debts, including the credit card... View More
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answered on May 19, 2024
No, it is not typical for a bankruptcy attorney to change your home address on your credit bureau. Their primary role is to guide you through the bankruptcy process, including filing the necessary paperwork, representing you in court, and ensuring that your debts are properly managed.
If... View More
answered on May 18, 2024
My gut reaction to your "normalcy" question is "No". While every prospective debtor should be totally candid with bankruptcy counsel, we use a debtor's credit report(s) to satisfy the "due diligence" requirement added to the Bankruptcy Code in the massive 2005... View More
Paid Company for both and now Insurance company (CPS) wants me to purchase new policy stating they will help me get my money back from credit card company because bankrupt company never paid them. Does this sound like FRAUD??
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answered on May 7, 2024
The situation you've described does raise some red flags, but it may not necessarily be fraud. Here are a few things to consider:
1. If the company went bankrupt in February, it's possible they didn't transfer the funds to the insurance company (CPS) before filing for Chapter... View More
If so what if you have not filed them
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answered on Apr 30, 2024
When filing for personal bankruptcy, you typically need to provide copies of your federal tax returns for the past two years. This requirement helps the court assess your financial situation and make informed decisions regarding your case.
If you have not filed your tax returns for these... View More
If so what if you have not filed them?
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answered on Apr 30, 2024
When filing for personal bankruptcy, you typically need to provide copies of your federal tax returns for the past two years. This requirement helps the court assess your financial situation and make informed decisions regarding your case.
If you have not filed your tax returns for these... View More
If so what if you have not filed them?
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answered on May 1, 2024
If you are not required to file tax returns, you will need to provide the trustee with an affidavit as to why you are not required to do so. If you are required to file returns, you should file them as quickly as possible. If you do not know whether you are required to file, you should consult a... View More
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