Get free answers to your Bankruptcy legal questions from lawyers in your area.
my lawyer wants $3150 to convert 7 i can't afford that can i convert it my self or get a less expensive lawyer ?
answered on Aug 23, 2021
Yes, you can find a less expensive lawyer. You can also try Legal Aid to see if they can assist you. I don't recommend that you convert it yourself. Good Luck!
If a moving party files a Motion and can not show for hearing what is proper procedure? Notice of cancellation with reasons or Withdraw the Motion itself? Is Motion basically withdrawn with a Notice to cancel anyway?
no other info.
answered on Aug 1, 2021
Sure, you can try, but no lender out there that I know of will extend you credit until your discharge has been entered.
What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?
answered on Jul 25, 2021
They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove... View More 
chapter 7 bankruptcy
answered on Jun 25, 2021
Yes, any claims that existed as of the filing date of the bankruptcy is property of the estate. See Koch v National Basketball Association: https://caselaw.findlaw.com/ny-supreme-court-appellate-division/1263295.html
answered on Jun 24, 2021
Well, if you have money in a checking account, then you do have assets. If you're withdrawing $20,000 to give to your child as a gift then no, and a Trustee would sue your child. But if you're withdrawing $20 to buy groceries, that's fine. Certain assets (and you absolutely have... View More
answered on Jun 21, 2021
You can not pick and choose. If you file bankruptcy, it affects all your debts and all of your assets.
I recently asked a question. I am looking to update my forms and submit a reaffirmation agreement for my vehicle as I do not want to lose it. While the reaffirmation agreement is being processed in the proceedings do I continue to make payments as I normally would. I would like to know as I am... View More
answered on Jun 14, 2021
Ask your lawyer. You can try but they may not accept them until the read is approved by the court. It varies state to state.
I have a title loan on my car and I filed for chapter 7 in middle court of Florida. I checked that I wanted to keep making payments because I didn’t want to reaffirm or give up my vehicle. My car is exempt. I was wondering if I had to keep making payments during chapter 7 proceedings or would i... View More
answered on Jun 14, 2021
The Bankruptcy Code gives a Ch. 7 debtor three choices of how to handle a secured claim- surrender the collateral to the creditor in full satisfaction of the secured claim; redeem, i.e., pay the secured claim in cash, or reaffirm the debt.
Perfected liens against collateral are NOT... View More
I mean paying for the home warranty for the appliances in the house. He pays for home insurance and property taxes.. Its his home after all not mine. Does this changes anything?
Correcting Prior post: I live with my BF in his paid off home and his income is SSD. I pay all the expenses in... View More
answered on Jun 7, 2021
If your boyfriend is considered part of your household, his income is needed for the means test. I am not saying he is or isn't, but is a question specific to your jurisdiction. Your attorney would know. If your attorney has asked for the income, then it's probably needed.
See... View More
I live with my BF in his paid off home and his income is SSD. I pay all the expenses in the house including food, utility and home insurance. question, is my BF income need to be included with my income in chapter 7? All the debits are mine and under my name . He is not filling for bankruptcy... View More
answered on Jun 7, 2021
The issue of household income is separate from what debts exist and who is filing for bankruptcy. The household income is to determine the means test only. Who is a member of your household is the next question. If your attorney believes your BF is a "member of the household" for means... View More
Can the IRS debits be discharged in chapter 7? My LTD will run off in 5 years and I don't have enough credits to qualify for retirement income.
answered on Jun 7, 2021
Unpaid federal income tax debts become dischargeable two years and four months after the tax return is filed with the IRS. If you have filed the 2017 return more than 2 years and four months before you file a bankruptcy, the tax debt should be dischargeable, but only IF the IRS has not filed a... View More
#1. My Chapter 13 was discharged today. I knew it was coming up so I just happened to check my credit report and turns out 1 creditor continued to report that account delinquent for 41 months. They were put on notice when I filed so they were aware. Will filing a FDCPA claim be worth it?... View More
answered on Apr 20, 2021
A bankruptcy attorney would not monitor your credit report. If they were listed as a creditor, the court would have sent notice of the bankruptcy. Your attorney confirmed that they were noticed. This probably happened because the bankruptcy notice was not processed properly by the creditor. Speak... View More
I filed for bankruptcy a few years back to hold off a foreclosure action. I was able to sell the house and did not complete the bankruptcy filling or the foreclosure. The bankruptcy is still showing on my credit report, how do I get it removed?
answered on Apr 16, 2021
Your bankruptcy will stay on your credit report, whether or not you completed your case. It is likely to stay on there for 7-10 years from the filing date.
If you are looking to finance a large purchase in the future, you should develop a working relationship with a bank you like and... View More
I am a Florida resident who is 2+ yrs into a CH13 Bankruptcy. In March I noticed the plan payment was payroll deducted not only from my payroll but from my separate bonus check. This happened this past March and March of 2020. This means the trustee payment was 3,000 dollars in March (I get paid 2x... View More
His bank account because he is my only source of income?
answered on Apr 8, 2021
No. His income is not your income. Let the Ch. 7 Trustee ask about your support at the 341 meeting.
answered on Apr 7, 2021
I'm not in Milton but I represent many people in the panhandle. Feel free to contact my office if you would like a free consultation.
So if my chapter 13 is not discharged at the end due to my refunds not being sent to the trustee, can I pay the refunds and subsequently be discharged? Or will I be penalized and not discharged at all?
answered on Feb 28, 2021
Assuming it is not discharged fir that reason, most likely they will allow you to pay the refunds and then the discharge will be granted.
answered on Feb 28, 2021
That depends upon the wording of your confirmed Plan. If the plan required you to pay your tax refunds to the Trustee, then you will be in default of your plan payments, and no discharge will be entered until all plan payments have been made. If your plan does not specify that your tax refunds... View More
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