Florida home husband holds mortgage does not have income. Wife has income and no debt but is on the deed. Can the husband file individual Chapter 13 using household (wife's) income? Or do we need to file Chapter 13 jointly?
No, he doesn't qualify for Chapter 11 if all the income is from the wife. But why file for Chapter 13 protection? The mortgage can, after obtaining relief from the automatic stay, still foreclose.
I do not understand most of it and contacted my attorney. But they are dragging their feet as they have with most everything else since the hearing. I would ask questions and would only be told to ignore it and don’t worry about it. There is a statement that says any objections need to be filed... Read more »
Your case is days away from being final and the discharge entered. One the trustee files that report, it’s all but over. I would seriously consider not objecting unless there is a glaring error or omission as it will hold up the entry of your discharge and closing of the case.
Repeat foreclosure on my mother and I primary residence since divorce leading to quit claim deed and refinance in 2007. Then after my mother passed in 2016 Wells Fargo tried to foreclose on me when I made an attempt to negotiate about loan transfer, as I am beneficiary.
All our finances/debt are separate and the home loan is solely in her name (I'm only on the deed of trust). I have a large amount of debt that I can't pay on my own and can't barely manage with both our incomes. All un-secured debt (no car loans, installment loans, etc...). Wanting to know if... Read more »
My ex husband & I (divorced since 2016) agreed to buy our 16 year old daughter a vehicle last year. I was unable to qualify for the loan due to my credit so we used his credit, therefore the loan/title went in his name but I have personally made ALL payments including the down payment. The loan is... Read more »
I was a Resident of Florida when I received a annuity 10 years ago. I now moved to Montana and am a Montana resident but have not been here two years. I am filing bankruptcy and have to use for the Florida laws. I knew my annuity was protected in Florida when I was there but is it still protected... Read more »
She was served with a summons to appear for a court date. Her and my uncle live on social security only, have no assets but a 2002 Dodge they use to go back and forth to the store. She called Midland Funding to tell them this and they insisted that she will still have to go to court, but to avoid... Read more »
Began Chpt 13 bankruptcy payments nearly a year ago. Subsequently, the VA awarded me 80% disability payments retroactive to before I filed bankruptcy. I'm 74. I posted this question before, and the two lawyers that responded said this income could not be claimed by the trustee to satisfy creditors... Read more »
Sometimes the law is messy and there's no clear answer. While VA Disability is protected under federal and state law, it's not excluded from income for means testing purposes and a Chapter 13 requires that you pay into the plan all of your disposable income. So there's a conflict there that needs...Read more »
I'm 74 years old. Chapter 13 payments began in July of last year, to save house and repay a certain percentage of unsecured debt, on 5-year plan. They take over half of fixed income from military retirement, SS, and pension plans. At the time I was only on 40% of VA disability, so no direct... Read more »
If you have a mortgage, you already have a lien on your property. Whether the credit card debt is tied to a lien on the property will depend on the terms of the credit card agreement. You should contact s lawyer to have them review this for you.
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