Get free answers to your Bankruptcy legal questions from lawyers in your area.
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
answered on Sep 28, 2023
If you received a discharge, no. If a creditor contacts you about the debt, just tell them it was discharged in bankruptcy 12 years ago and give it the case number of your bankruptcy case so the creditor can confirm.
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
License has been suspended for 205+ years due to civil suit. Can I file bankruptcy in order to negate this?
answered on Sep 9, 2023
It is unclear how your driver's license was suspended, especially for that long, but no, bankruptcy will normally only discharge many debts, not remove other effects of civil suits, such as license suspensions.
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
So far all the banks I've asked denied financing. I've asked USBank, Bank of America, Regions, Wells F, etc for a loan to help in finding a job, move to a different state, or for personal things and they have all denied. It's a bit surprising because I thought that was the point of a... View More
answered on Jul 19, 2023
No, a lawyer cannot sue private institutions to force them to establish you credit. As long as the lenders are not denying you based on a protected class such as race, religion, national origin, sex, or one of the other few protected classes, they are not breaking any laws. Not having a job or a... 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
Yes I have never stepped foot at any dealership or any abound credit union. Soon to be ex-wife did everything in the dark. Happend in Kentucky but I've been living in Florida for over 2 yrs now
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