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I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.
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answered on Jan 9, 2024
Filing for bankruptcy should not directly impact your application for a green card under the Violence Against Women Act (VAWA). VAWA applications are primarily evaluated based on evidence of abuse and the applicant's relationship to a U.S. citizen or lawful permanent resident.... View More 
I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.
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answered on Jan 11, 2024
Filing for bankruptcy shouldn't automatically throw a wrench into your VAWA petition. They're kind of like two separate lanes with different reasons and processes. That being said, USCIS might still take a peek into your moral character evaluation. Being upfront about it is key. It's... View More
I am not behind on my mortgage payments.
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answered on Jan 12, 2024
Filing for Chapter 7 bankruptcy involves a complex assessment of your assets, including your house and personal items. The impact on your house and belongings depends on various factors, including the equity in your home and the exemptions you can claim.
If you are current on your mortgage... View More
I am not behind on my mortgage payments.
answered on Jan 8, 2024
Florida, like Texas, is known nationally for its generous exemptions from attachment by creditors both in and out of bankruptcy.
In most states, state law exemptions may be claimed in a bankruptcy case, but you need to confirm that with an experienced FL bankruptcy attorney.
There... 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 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
answered on Dec 16, 2024
You should receive a notice of the garnishment, together with a form by which you can claim that or if your wages are exempt for a number of reasons (set out in the form). Fill it out, sign it, and file it with the court within 20 days of receipt. The court will set a hearing at which you can... View More
In 2023 we received 17k for damages from a back wages settlement. This settlement went towards a credit card and a car loan while we were married, both of which she assumed responsibility for in the divorce settlement Oct 2024. The settlement was from a case originated in 2016. We declared chapter... View More
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answered on Nov 23, 2024
This is a complex situation that intertwines bankruptcy, divorce, and settlement funds. The key issue here is that the settlement from 2016 should have been disclosed during your 2020 bankruptcy proceedings, making those funds part of the bankruptcy estate - even though you received them later in... View More
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answered on Oct 28, 2024
Probably not but check with your family law lawyer and a local bankruptcy attorney. Most offer free consultations.
What are the appropriate steps? Can I do this without hiring a lawyer, as I cannot pay?
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answered on Oct 9, 2024
I'm sorry you're facing this situation. To begin shutting down your business under Chapter 11, you should first file a motion with the bankruptcy court to convert your case to a liquidation, typically Chapter 7. This involves submitting the necessary paperwork and providing detailed... View More
Hello, I have a credit card that I was not able to pay because I got sick. I did a virtual meeting recently with the judge and the creditor to make an agreement. I got sick again and I cant afford to make the $75 monthly payments. I received a letter from the court saying that I have to submit my... View More
answered on Oct 9, 2024
It looks like the plaintiff got a judgment because you failed to make the agreed payments. So yes, you are required to respond to the questionnaire (fact information sheet).
I filed ch 13 Sept 2023; signed a new lease with a co-tenant in April 2024; Due to irreconcilable differences I was forced to leave the residence 3weeks ago. Now the co-tenant is leaving the residence and refusing to pay any of the lease obligation. I cannot afford this residence on my own. Can my... View More
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answered on Aug 27, 2024
You can request to amend your Chapter 13 bankruptcy plan to include new debts or changes in circumstances, such as the lease obligation you’ve described. The court understands that life changes can occur during a Chapter 13 repayment plan, and it may allow modifications to address these new... View More
answered on Sep 16, 2024
Check with your local bar association or legal aid society. The maintain a list of free and reduced fee lawyers who may be able to help you.
i want to file chapter 7 because I cannot afford to pay 1000 down and 300 a monthfor this judgement that happened after I sold a vehicle. I was not the driver and the person who bought the car never turned the car into their name. plus I have a few other things I would like to remove as I am not... View More
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answered on Aug 15, 2024
It sounds like you're in a challenging situation with the $180,000 judgment and other debts you cannot pay. Filing for Chapter 7 bankruptcy could be a viable option to discharge this judgment and your other debts, especially if your income and assets are limited. However, you need to consider... View More
When I ask that he find out, he never follows up and gets the question asked with the trustee.
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answered on Jul 18, 2024
It isn't typical for your bankruptcy attorney to avoid researching your questions. A competent attorney should address your concerns and provide clear answers. If they don't have the information immediately, they should follow up and find out for you.
Good communication is... 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
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
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
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
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