Get free answers to your Bankruptcy legal questions from lawyers in your area.
I'm self employed. I do landscaping and I have credit cards in my name and my fiance has others in her name,but it to help me to use for my business We owe up to 48,000. In my name its 13,000 her name 35,000. SInce the pandemic I havent had a lot of work. I've been making our credit card... View More 
answered on Feb 18, 2021
One thing to consider at this point is whether you have any upcoming bills such as medical bills, or an eviction related bill. Prior to filing a bankruptcy case it is important to consider letting all obligations come to fruition, so that you know everyone you owe money to on the date you file... View More
I am the creditor in a bankruptcy case. I was offered a settlement and declined and needed to change the "language" 3 times.a good back and forth. The amount settle on kept going down....each settlement. I told my lawyer that I do NOT agree with that. He reply back was "The amount is... View More
answered on Feb 16, 2021
Your situation is difficult to analyze because of the paucity of "real" facts. You don't say what manner of creditor you are, nor do you give any basis for much of anything.
It seems a bit late to me to change counsel, but perhaps that is what you need to do. The Court may... View More
THE SETTLEMENT IS FROM ROUND UP DUE TO GETTING LYMPHOMA....
answered on Feb 3, 2021
The short answer is if the cause of action (injury) arose prior to your filing, yes, it should have been listed and you should report it. If the cause of action arose after your filing, no, you would not have to report it. You should let your attorney know either way.
in the trust. I own other 50%. How can I remove him if he can be trustee. Property in FL
answered on Jan 7, 2021
Yes, the fact that he has filed for bankruptcy protection shouldn't really affect his ability to carry out his duties as trustee. If you feel there are grounds under state (non-bankruptcy) law to remove him you can apply to the state courts to remove and replace him.
I had creditors meeting but i did not file form 423.
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answered on Dec 17, 2020
Hello,
I'm sorry about the trouble you're experiencing in your chapter 7 bankruptcy. Generally, bankruptcy trustees have broad powers to liquidate estate property unless an exemption applies. Depending on your circumstances, this might apply to your jointly owned home.
I... View More
We are the number one minority, We are also for our clients a tax break when they file their taxes being we are in all ladies commercial/residential company.We are going on five years flipping homes. I have got to get Some form of income to keep the last five employees I have. I have already lost... View More
answered on Dec 13, 2020
I'm very sorry for your difficult situation, especially since it seems to have resulted from your being kind and thoughtful of your employees. You could consult with attorneys to investigate whether there is anything they might be able to do - but that could further add to your expenses - it... View More
for equitable distribution as well as ordered the marital home to be sold immediately, we had a buyer who offered 1.2 mill and ex refused b/c he wanted full asking price, there is about $700k equity. He told Bk court house was valued at $225 thousand. We also owned another property with a lot of... View More
answered on Dec 11, 2020
Is the marital home in Florida? Is the business property in Florida? Is the dissolution of marriage in Florida?
Notwithstanding any of that, it sounds like your ex-husband is committing bankruptcy fraud which is never a good thing.
Before charging off my loan do the loan provider have to give me notice via email / letter?
They often called me out of hours (something discover has been fined for in the past). What recourse do i have?
answered on Oct 13, 2020
A lender's "charge-off" of a loan debt does not affect your legal obligation to repay; the charge-off is an internal accounting/regulatory-driven function that adjusts (reduces) the lender's capital structure and lending authority. I am aware of no legal requirement that you,... View More
The member 8-9 years ago was in chapter 13 and represented a loss for the lender. Can they asked the member to re-pay the old balance that was cleared and discharged from CH13?
answered on Sep 27, 2020
The so-called "permanent injunction", against creditors' attempting to collect a discharged debt, which accompanies the entry of every Discharge Order in bankruptcy, certainly seems to prohibit that sort of "ask". On the other hand, nothing in a bankruptcy Discharge... View More
Im separating and need to sell my home but my husband is in ch. 13, the attorney said he has to use the profit to purchase another home but only have a year to do so, is this true? Should I file for a divorce so this doesn’t affect me?
answered on Sep 25, 2020
You need to consult with an attorney of your own. It is unclear, for example, how you could sell the home without your husband's approval. Filing for divorce would not have any effect.
My bankruptcy was discharged 9 yrs ago & I did not reaffirm my mortgage. I continue to live in the home and made all pmts timely w/APR 4.625%. My credit is in the mid-700s but lacking variety due to no mortgage debt. Although the obligation was removed, I missed the opportunity to demonstrate... View More
answered on Sep 20, 2020
Is this the first house you are buying? Sounds like it is not. Therefore you are not buying a first home.
If you want to keep this home, that still has a mortgage on it, then refinance the mortgage at today's low interest rates.
Lastly, I don't understand the last... View More
when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the... View More
answered on Sep 16, 2020
Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.
You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is... View More
When ex-girlfriend filed bankruptcy, it released her from the note on the home we purchased together. She is however still listed on the deed. I have paid every month on time and now wish to sell the home. Is she entitled to half of the profits even though she left in 2010, filed bankruptcy and... View More
If I am not a homeowner but rather I rent, am I still eligible to use the unused portion of the homestead exemption with the federal wild card exemption or must you own a home to even qualify to be given that option... Thank You
answered on Aug 31, 2020
The enhanced personal property exemption or "wild card" was designed to be used for people who do not claim a homestead exemption because they rent or live with somebody or just don't own a home for any reason. Interestingly, you can own a mobile home and also get the enhanced... View More
investmnt fast forward to 2020 we want to apply for a loan do we use our discharge date or the forclosure date from the investment property ?
Also I have a car that is paid off and pretty new.
Since I don’t have a loan on it anymore can they take that as well? The car is under my name and my moms?
answered on Aug 3, 2020
Yes. They could potentially be taken. Consult an experienced bankruptcy practitioner to see how best to protect your assets.
2 years out of work and finally received SSI Diasbility but deeply in dept.
answered on Jul 28, 2020
Contact your local bar association or legal aid society. They maintain lists of reduced fee or pro bono lawyers who may be able to help you.
Can the bodyshop charge the car owner for any balance after the court settles the bankruptcy?
The car if paid. Can I lose the car. What are my options. My total debt is 50000
answered on Jul 21, 2020
Consult your bankruptcy attorney for the possible s enarios but there are several exemptions you may use to protect your car if they fit with your other priory.
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