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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
answered on Jun 27, 2023
Your best answer to that question starts with the wording, particularly the default provisions, of your Security Agreements with each lender. Often, one of the provisions enables the secured lender to declare a default and accelerate the debt "if/when the lender feels insecure". A... View More
01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.
01/2009 I moved to Florida and three years later they registered the judgment in Florida.
09/2000 They garnished a checking account.
No communication from them between... View More
answered on May 26, 2023
Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... View More
answered on May 7, 2023
It's pretty common practice for creditors, including secured creditors, to be reluctant to send any Statement showing balance due to a debtor; sending the invoice to debtor's counsel probably avoids a contempt citation.
In addition, it is common for debtor's counsel to alert... View More
My attorney’s paralegal told me that I do not qualify for Chapter 7, but I’m in dire financial straits. Worse than when I filed, and need to do the conversion. She told me that the Trustee will more than likely dismiss the case.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2023
A debtor may convert a chapter 13 case to a chapter 7 liquidation case, at any time. The right to convert to chapter 7 is unqualified and may not be waived. However, a case cannot be converted to a chapter for which a debtor is ineligible. Therefore, a debtor converting from chapter 13 to chapter 7... View More
My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... View More
answered on Mar 28, 2023
There are several issues to address here: 1) Even though your mother filed bankruptcy, the house may still be subject to the mortgage unless the balance of the loan has been paid in full. While a bankruptcy discharges the financial obligation to pay a mortgage, it does not remove the mortgage from... View More
My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... View More
answered on Mar 28, 2023
It is highly likely the creditor could demand payment in full once the deed is recorded. See a real estate lawyer to discuss the possibilities and to prepare a proper deed if one is advisable. Quitclaim deeds cause more problems then they solve. You should consult a real estate lawyer who is also... View More
UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... View More
answered on Mar 17, 2023
I agree with Mr. Nachbar's answer as a potential strategy, but your issue depends on what the party was held on contempt for and of course whether you are a listed creditor in the bankruptcy case. If the only reason for the contempt is failure to comply with post-judgment (collection)... View More
i do not have 100% going to unsecured debt most of this goes to student loans. do i have any recourse to keep my refund? thank you. if i do not get an exemption, how will they collect the return? wage garnishment? thank you.
answered on Mar 1, 2023
There's no medical exception. The exemptions are statutory and you might be able to exempt your return, or perhaps part of it. The federal exemptions provide $13,950 as a wildcard exemption, you can use it for anything. But it depends what other assets you might have that you need to exempt.... View More
I'm filing for bankruptcy due to excessive credit card. Does it makes better sense to file here in Florida where I'm currently staying to help an elderly relative or my primary state of residency, North Carolina. Specifically, which state offers better asset protection for personal... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2023
The bankruptcy laws in Florida and North Carolina both provide certain exemptions for personal property, including vehicles, which can protect them from being sold to pay off creditors. However, the specific rules and exemptions may vary depending on the state.
In Florida, personal vehicles... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
