Get free answers to your Bankruptcy legal questions from lawyers in your area.
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.
we own a home in Florida and of course plan on keeping it. I noticed my mortgage company stopped reporting on my credit, and it also appears my lawyer never reaffirmed the house as the mortgage company advised me when I called them, although my lawyers office told me to call the bank and they do... View More 
answered on Jul 21, 2020
Depending on the district you are in, you may be able to reopen the bankruptcy case, vacate the discharge for purposes of filing the reaffirmation agreement, file the reaffirmation agreement and obtain the order and have the discharge reissued and the case closed. We can do that in the Southern... View More
Not only don't I see my mortgage being reported on my credit, it's completely wiped out as if it's paid??? I have Wells Fargo and have never been late
Is it better to have a Reaffirmation Agreement? Is it the same to have as not to have one, other then without it never gets... View More
answered on Jul 14, 2020
Creditors do not have to report to the credit bureaus. If you didn't reaffirm the mortgage, you aren't personally liable on the debt, and the mortgage company generally would stop reporting. The mortgage company retains its lien and you must continue paying to avoid foreclosure.
Not only don't I see my mortgage being reported on my credit, it's completely wiped out as if it's paid??? I have Wells Fargo and have never been late
answered on Jul 14, 2020
It is my understanding that credit reporting agencies normally only report delinquencies. If you are making timely payments, I don't believe that would be reported at all.
Is there a limit on the number of times the court will allow the debtor to become several months behind on his scheduled payments? I am a creditor on my ex husbands chapter 13 and the trustee has now entered her third request for dismissal ( he's three payments behind and will be four as of... View More
answered on Jun 30, 2020
It is all within the sound discretion of the court, but it sounds like he has about run out of chances. Be patient and he will ultimately get what’s coming to him.
I was laid off due to COVID-19. My former employee offered a severance to be paid on a biweekly basis. They have since filed for Chapter 11 bankruptcy. So far, they have continued to make the payments. My question relates to filing as a creditor. If I file, will my former employer stop making these... View More
answered on Jun 22, 2020
They will likely continue to pay since employee benefits are unsecured priority claims that still have to be paid.
Property of the estate
(a) ___x____ shall not vest in Debtor until the earlier of Debtor’s discharge or
dismissal of this case, unless the Court orders otherwise, or
(b) _______ shall vest in Debtor upon confirmation of the Plan.
The property is listed under here:... View More
answered on Jun 18, 2020
You should go see a bankrtupcy lawyer in the morning. It is impossible to give you rational advice with this little bit of info.
This is like doing brain surgery on yourself if you continue down this path.
Good Luck
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I invested in a property to which I have a promissory note and after the 6 months, I would be receiving my investments back plus the interest. The promissory notes specifically states the address of the property I have the note against. 5 months in to the agreement, the debtor sold the property and... View More
answered on Jun 16, 2020
Basically you have an unsecured debt in bankruptcy but you may be able to be paid out of the proceeds of the sale. Was the property the homestead property of the person who sold? My advice is to immediately retain an attorney who understands real estate, contracts and bankruptcy law and have them... View More
We were informed one week after court we don't need to pay any debit.
Two weeks after that my wife was laid from her job and received a severance payment for 20 years working there .
The question is do i need to report to the court this, and they could take the money, we... View More
answered on Jun 13, 2020
No. you don't need to report the post-petition severance payment. The notice you received was probably just a pro-forma finding that the chapter 7 case is a "no asset" case; i.e.: nothing for the trustee to administer.
answered on Jun 7, 2020
The deferred principal of a mortgage under a modification agreement has to be repaid in accordance with the terms of the modification agreement. Without reading it, I can't state with 100% positivity but usually the deferred portion does not need to be repaid as arrears in a chapter 13... View More
I am in the process of filing Ch. 13. Our Foreclosure judgement lists an amount appox. $31k for "streamline mods" as part of the total due back to the lender as part of the foreclosure. This is an amount of prinicipal that was deferred to either sale of home or maturity of loan as part of... View More
Does a specific part of my petition need to be sent to Florida's public record agency? Civil circuit court has one document attached and the judgement is closed showing a zero balance.
answered on Jun 1, 2020
They probably have not been notified. Send a copy of your petition and discharge to the agency showing it and they will likely correct it.
answered on May 16, 2020
No it should not if she files and you don't. It may not affect your security clearance for you if you join her. You would need to check with your supervisor. We file clients with security clearances all the time. Sometimes the agency requires them in a Chapter 13 to pay back their debts. Best... View More
Or will it be counted as extra monthly income, or will the full amount still owed be counted as an asset and taken away from me? My only other income and assets are exempt,(social security and Florida State employee retirement and an IRA) and I qualify for Chapter 7. I would hate to lose all of... View More
answered on May 13, 2020
Without looking at your complete financial picture it is hard to make a definitive answer, but usually promissory notes are assets which belong to the bankruptcy estate. It truly depends on your particular status and the status of the debt to you. I hope you are not contemplating a DIY case,... View More
is it best to send creditors a cease and desist letter, or just hire an Attorney with a retainer, to just take calls ,and tell creditors he is represented, I can not handle the phone calls
answered on Apr 22, 2020
As soon as he files the bk, all letters, calls, communications cease.
I filed bankruptcy, without my spouse, and I’m currently waiting for discharge. My spouse, who holds the home mortgage alone, would like to do a cash out refinance for home repairs and add my name to the house title. How long is the trustee entitled to new assets after filing or discharge?
answered on Apr 22, 2020
The trustee can't claim any interest in assets acquired after the date your Chapter 7 petition was filed, and to my knowledge there is no requirement of a post-filing supplemental statement of assets and liabilities.
I currently have a home in NC. If NC becomes my primary residence, what is their state income tax rate, and is your home protected if you have to file bankruptcy?
Every 3 months plan increased. Asked attorney about catching up prior payments was told they will spread delinquent amount over next 45 months payment. Now motion to dismiss in 21 days if don't pay 7450. Do not have money and cannot get in 21 days or even 60 days. We made all payments on time... View More
answered on Mar 25, 2020
Consult your bankruptcy attorney about converting to Chapter 7.
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