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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 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
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
owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More
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answered on May 1, 2024
It's possible to challenge a civil judgment after it has been finalized, particularly if you never received the court documents. You might consider filing a motion to vacate the judgment if there were issues like improper service of process. It's important to act quickly, as courts often... View More
owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More
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answered on Apr 29, 2024
A bankruptcy filing does not negate a state court judgment although, if you do not have any non-exempt assets, it may discharge the debt. If you were never served with the lawsuit, you might be in a position to challenge the judgment in that court that issued the judgment. You should consult a... View More
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answered on Apr 11, 2024
Here are the key requirements and steps for filing Chapter 7 bankruptcy when you are on SSI and have substantial credit card debt:
1. Eligibility: Your income must be below the state median or you must pass a means test showing you don't have enough disposable income to repay debts.... View More
When I spoke to the gentleman he said that both accounts would be settled for $500 for both accounts. I then asked again is this for both accounts he stated yes you'll receive two letters stating that both accounts have been paid off and they will be removed from your credit. I waited 3 weeks... View More
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answered on Apr 11, 2024
I'm sorry to hear about your experience with the debt collection agency. It sounds like a very frustrating and stressful situation, especially as a single parent trying to resolve debts and improve your credit.
Based on what you've described, it seems the debt collector may have... View More
Could I have the remaining 2700 amount exempt?
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answered on Mar 16, 2024
When filing for Chapter 7 bankruptcy, understanding how exemptions work is crucial. Exemptions allow you to keep certain assets under both federal and state laws. The specifics can vary significantly depending on the state you live in. For your situation, having $2,700 remaining from a tax return... View More
I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More
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answered on Mar 4, 2024
Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More
The owners are family members. Will the non-bankruptcy owner still have a case with the partition? If the partition is delayed due to the bankruptcy, how long and what circumstance would allow the partition to take place?
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answered on Feb 24, 2024
If one co-owner of the property files for bankruptcy before the other owner files a partition action, it can complicate the partition case but does not necessarily prevent it from proceeding later. Much depends on the type of bankruptcy filing as well as approval from the bankruptcy court.... View More
My ch. 7 was discharged in January of 2024 and I’ve never been indebted to the IRS. I am an unemployed disabled veteran and I had no income for year 2023. I just found out that, despite being unemployed, veterans in my situation may file a tax return in order to potentially receive some portion... View More
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answered on Jan 13, 2024
Since your Chapter 7 bankruptcy was discharged in January 2024, you are no longer under the jurisdiction of the bankruptcy court, and your financial situation is separate from the bankruptcy proceedings. Filing a tax return, even if you had no income in 2023, is generally a responsible and... View More
My ch 7 bankruptcy in Florida was discharged in January 2024. I have never been indebted to the IRS and neither has my ex-husband. My ex-husband has never filed for bankruptcy and we had no debt in common upon my ch. 7 filing; it did not affect him in any way. I am unemployed and a disabled... View More
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answered on Jan 12, 2024
Your Chapter 7 bankruptcy discharge in Florida should not impact your ex-husband's ability to claim your sons for the Child Tax Credit on his tax return. Bankruptcy proceedings typically address your debts and assets, not child-related tax benefits that may be claimed by your ex-spouse.... View More
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