I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.
I discovered after looking at the charges... Read more »
Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.
I suggest clearly breaking down all charges and payments made (like a statement),...Read more »
The best person to assist you in this matter is your own lawyer; that having been said, valuation in Bankruptcy is not the replacement costs but more likely the depreciated costs. Accordingly, is a "used" pet worth $800, or something less (don't be romantic about this), and is a...Read more »
In Georgia, for Chapter 7 bankruptcy filings there is a $10,000 homestead exemption carryover for unused homestead exemption. I do not own property so I can not claim the homestead exemption, but it seems as though the carryover still applies and is automatic. Is that so?
I have 1 joint credit card with spouse and don't want them to be affected. Can I remove my name from joint card that has a balance? Can I close the joint account before I file if it has a balance? What happens If I file bankruptcy and my name is still on joint card. I can't tell spouse... Read more »
You cannot remove your name from the card. You can close it but you have to disclose that in your petition. Notice is going to be given to your husband regardless bc he is/was a codebtor on the card. Yes, you can file and still pay the debt but you cannot conceal this information from your spouse...Read more »
If I remove my name off of joint credit card (with balance) will bankruptcy still affect this card or spouse that is on it? I can't tell my spouse that I am filing bankruptcy. Please help....can't sleep because I am so stressed.
Your husband will receive notice of your bankruptcy filing because he is a codebtor. There is really no way to file and hide it from him. If you file, you will likely be discharged in the credit card debt but your husband will still be liable snd the debt will still be valid as to him.
I have approximately 2yrs left of 5yr plan. I’ve had annual increases ($2K) and my plan amount hasn’t changed, is it likely it will remain the same if I accept new job offer? Rent, etc. is sky high and I need to make a bit more to survive. I just don’t want to change any plan payments etc.
It very well could change if it is not a 100% repayment plan. Small increases many times do not trigger an increase, but 10k certainly could. Your bankruptcy attorney will have much more insight into the practices in your jurisdiction.
Two additional creditors have garnishment orders now. Can they take 25% in addition to what is currently being taken for child support, or is the total allowed to be taken 25% including the child support as long as child support is happy with their current amount?
Child support arrears are generally set up as a designated amount, not a percentage. The other creditor garnishments are taken in order of the date of the judgment and cannot exceed 25% which would be in addition to the child support. Child support garnishments can be as much as 65% of the net...Read more »
My ex-husband filed for bankruptcy shortly after a judge finalized our divorce and ordered him to pay me almost $4,000. I've talked to divorce lawyers and bankruptcy lawyers and no one is able to give me an answer. Someone mentioned a debt collection attorney, is this what I need? Thank you in... Read more »
You should speak with a bankruptcy attorney. In general, bankruptcy treats payments ordered through a divorce as one of two things - a domestic support obligation (child support or alimony) or a property settlement (basically everything else). In a chapter 7 bankruptcy case, neither can be...Read more »
Me and my husband filled ch.7 bankruptcy and was discharged in 2021. Our car was discharged through the bankruptcy. Long story short we have called the credit company multiple times to come ger the car. We live on a military base and have no where to store it and we already each have a car... Read more »
The tow bill is post-petition debt so it can’t be included in the bankruptcy. You will have to have your bankruptcy lawyer try and settle the tow bill debt for you and get the car to the lender to get this situation resolved.
I'm a first time homeowner that purchased my home in 1998. I have been living in my home for almost twenty three years. Due to economic hardship, I had to file for chapter 7 bankruptcy in 2010. It has been discharged and no longer showing on my credit report. My question is, what are my rights... Read more »
Well, I hate to tell you, you don't know quite as much as you think you do. You mentioned that you have the option to reaffirm your loan. You most definitely do not have that option, as it was off the table after your Chapter 7 discharged in 2010. To be quite frank, I never advise clients to...Read more »
Our divorce was finalized 7 months ago, and the judge ordered him to pay me some money. I am wondering if he still has to pay me or not, and what do I need to do next? I have tried to call bankruptcy lawyers, but everyone I have talked to says they work for the people that declare bankruptcy, not... Read more »
My ex-husband filed for bankruptcy and listed me as a creditor. Our divorce papers says he needs to pay me a certain amount of money, and he filed for bankruptcy afterwards. The filing deadline to object to discharge or to challenge wether certain debts are dischargeable is 5/17/21. Please, help!
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