We filed chapter 7 earlier this year in Florida, we were granted discharge on June 28th. Since that time there is a collection agency in Wisconsin still reporting 9 medical accounts as active collections even though both their agency and all 9 of these debts were included in our original filing.... View More 
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answered on Nov 14, 2023
You should consult an attorney in your area. Based on what you've said, the collection agency (and perhaps Transunion) is in violation of the law and can be sued in the bankruptcy court for damages, particularly if the collection agency is taking any action against you to collect on the debt.... View More
We filed chapter 7 earlier this year in Florida, we were granted discharge on June 28th. Since that time there is a collection agency in Wisconsin still reporting 9 medical accounts as active collections even though both their agency and all 9 of these debts were included in our original filing.... View More
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answered on Nov 15, 2023
If a collection agency is reporting debts as active even after they were discharged in a Chapter 7 bankruptcy, you have several options.
Firstly, gather all relevant documentation, including your bankruptcy discharge papers and any correspondence with the credit bureaus or the collection... View More
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answered on Nov 10, 2023
In Florida, if you're considering filing for bankruptcy, assistance is indeed available. It's advisable to consult with an attorney who has experience in bankruptcy law to guide you through the process. They can help you understand the different types of bankruptcy, such as Chapter 7 or... View More
As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More
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answered on Oct 30, 2023
There is such a thing as a self-settled spendthrift or asset protection trust, but many states do not allow them. Also, typically the settlor (you) cannot also serve as trustee of the trust. In other words, you would not have signature authority over the assets that you put in the trust. And,... View More
As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More
answered on Oct 31, 2023
While you can accomplish some of your intended goals with proper planning, the use of a trust in the manner that you have inquired and proposed is not one of them generally speaking. Estate planning is for the purpose of trying to avoid probate and distribute your estate assets in the manner that... View More
As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More
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answered on Nov 4, 2023
Forming a trust can offer a means to manage and protect assets, and a trust can indeed obtain its own tax identification number (EIN) for banking and financial transactions. However, the trust's creation and operations won't directly shield you from the effects of your personal credit... View More
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
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answered on Oct 25, 2023
When you refinanced the home, the new loan replaced the old one (probably paid it off), so the discharged amount is gone forever. If you and your wife are both borrowers on the new loan, and you are both on title as owners, then the same rules will apply to the new loan if she files bankruptcy. She... View More
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
answered on Oct 25, 2023
In a Ch. 7 bankruptcy, no lien is discharged (thanks to a US Supreme Court opinion in the Dewsnup case, despite Bankruptcy Code language to the contrary).
What is discharged, however, is an unsecured deficiency amount in the Mortgage indebtedness.
Some liens can be converted to... View More
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
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answered on Nov 4, 2023
If a mortgage was discharged in a previous bankruptcy and the home was later refinanced, the new mortgage is not covered by the previous discharge; it is a new loan with its own terms. If only one spouse's name was on the original discharged mortgage and both spouses took on the new loan, both... View More
I bought a 2k warranty that was a 3 year warranty. I called the company they told me us auto never bought anyone any warranty’s they just pocketed our money. I paid for this car to build my credit now I have to deal with a new “debt collector “ that dose not report payments…. There’s a... View More
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answered on Nov 5, 2023
If you suspect fraud or that the company failed to fulfill its contractual obligations, you should immediately seek legal counsel to discuss your options, which may include filing a claim in the bankruptcy proceedings.
You should also check the court docket for the bankruptcy case to see... View More
My mothers pension check is auto deposited into my checking account and I use that to pay her assisted living home and her prescriptions store. I don’t know if I need to put that as income because it’s in my account or if i Can leave it off the financials.
answered on Oct 13, 2023
When you file for bankruptcy relief, you must answer all the questions in the several Official Forms, *under penalty of perjury*.
As it lies, you have a doable debt/asset issue; BUT, if you "leave it off", you will be committing perjury, probably several counts thereof, and... View More
My mothers pension check is auto deposited into my checking account and I use that to pay her assisted living home and her prescriptions store. I don’t know if I need to put that as income because it’s in my account or if i Can leave it off the financials.
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answered on Nov 5, 2023
When filing for Chapter 7 bankruptcy, you must disclose all sources of income, including money that passes through your accounts, even if it is not technically your income. It's important to explain the nature of these deposits on your bankruptcy forms; you can note that this money is for your... View More
Husband filed bankruptcy right before our divorce and included our home mortgage in it. I was awarded house in divorce. He has to remove the home mortgage from his bankruptcy so I can refinance the home in my name. U.S. Bankruptcy court processed it for release. Mortgage company still says it... View More
answered on Oct 4, 2023
If the bankruptcy court has ordered the release and abandoned any interest in it, you should be able to present that paperwork to the mortgage company. If they won’t accept it, you need to find a new mortgage company.
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answered on Oct 3, 2023
Chapter 7 advantages:
Most unsecured debts can be fully discharged.
The process is quicker than Chapter 13, often completed within months.
There's no requirement to repay debts.
Chapter 7 disadvantages:
You may have to liquidate certain assets to repay... View More
We used our mortgage to help refinance our business vehicle. We may need to file bankruptcy for the business. Will it hurt our mortgage loan?
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answered on Sep 14, 2023
Filing bankruptcy for your business should not directly impact your mortgage loan, as they are typically separate legal entities. However, it's essential to consult with a bankruptcy attorney to evaluate your specific situation and consider any potential implications on your personal assets,... View More
We used our mortgage to help refinance our business vehicle. We may need to file bankruptcy for the business. Will it hurt our mortgage loan?
answered on Sep 13, 2023
The answer mostly depends upon the type of *legal*entity that you've put the business into. A corporation, LLC, etc., is eligible to file a bankruptcy itself, as is a partnership. A sole proprietorship, however, is not a separate legal entity, and a bankruptcy of it will necessarily bring... View More
Creditor was unaware of bankruptcy filing and submitted certified judgment document with the state one week prior to debtor's filing. State of FL shows date submitted as prior to bankruptcy filing but official filing date with state and with the county where property is located are both 1 day... View More
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answered on Sep 8, 2023
When a debtor files for bankruptcy, an automatic stay is typically activated, which temporarily halts creditors from pursuing debt collection, including establishing liens on the debtor’s assets. In this case, given that the lien was officially filed after the initiation of the bankruptcy... View More
I am currently in graduate school and my school is requesting I obtain legal information regarding if my student loans were or were not discharged. I did my bankruptcy pro se so I don't have a lawyer. The bankruptcy officially discharged today and although I know it is rare for student loans... View More
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answered on Aug 4, 2023
You should have received a copy of your discharge papers from the bankruptcy court after your case was completed. If you don't have a physical copy, you can request one from the bankruptcy court where your case was filed. You can also access electronic copies of your bankruptcy documents... View More
I am currently in graduate school and my school is requesting I obtain legal information regarding if my student loans were or were not discharged. I did my bankruptcy pro se so I don't have a lawyer. The bankruptcy officially discharged today and although I know it is rare for student loans... View More
answered on Aug 4, 2023
In every bankruptcy case I've done, the Order of Discharge is a brief form, and basically says that the debtor is discharged from liability for all dischargeable debts, without listing any of those debts specificallyl
It's up to you, and your lawyer, and the creditor, and its... View More
A friend of mine is in college and she tried to get a loan to pay for college, but apparently because her mother is in debt, she isn't able to get a loan.
Edit; this person is 21, She tried to take out a loan originally but they claimed that since her direct family member (her... View More
answered on Jul 18, 2023
I agree with Ms. Lipan's short take, but there's more, of course.
Your question raises a plenitude of issues, most of them not questions of law:
With almost all of the nation's banks attempting to beef up their respective capital coffers, and the Fed causing not just... View More
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