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answered on May 22, 2017
It will probably affect your ability to receive your portion of your workers comp settlement, but the effect on weekly income benefits can vary from case to case.
I am filing chapter 7 to stop a pending garnishment. I am a cosigner on a car loan and want to know if I will be able to leave that account as is, It's in good standing and go to date. How does me filing affect the primary signer?
answered on Apr 18, 2017
Your bankruptcy will discharge your personal liability on the loan for the car you cosigned. That means if the other party does not make the payments the lender cannot look to you for payment. As long as the other person continues to make the payments they can keep the car. You can search for an... View More 
..or will it just be dismissed and we'll have to start over again? Can info about this be provided please? In GA
answered on Apr 18, 2017
Yes, you can amend your schedules. Will your case be dismissed cannot be answered with the limited information provided in your question. One example would be if your means test calculation is incorrect you may not be eligible for chapter 7. Contact your attorney about making the amendments. If... View More
answered on Mar 26, 2017
Contracts including leases are stayed and ordinarily discharged in bankruptcy, so if you can afford the fees associated with bankruptxy dissolution or reorganization, the lease is no obstacle.
answered on Mar 1, 2017
If the original creditor “charged off” the debt they are acknowledging that they have given up on being repaid on the original terms of the loan. The remaining amount is considered bad debt. This does not mean you do not owe the debt. This does not mean they have given up on trying to... View More
Can I continue to pay my mortgage and vehicle pamends "out of plan"? We have never been late on our payments. I do not want to include my secured debts in the chapter 13 payment plan. I know I need to list for debt review. Thank you.
answered on Feb 23, 2017
It will depend on your jurisdiction. If you are current on your mortgage, you should be able to “pay direct”. You may be able to pay the vehicle direct. It depends on a number of circumstances which a local bankruptcy attorney can explain. An example of when a person is able to pay a... View More
I make to much according to means test to file CH 7, but at the bottom it has the section to look at your disposable vs unsecured x .25. My quarter is much higher than my disposable. Also, i did not include my student loans anywhere in this calculation, should I?
answered on Sep 7, 2016
Contact a Bankruptcy Attorney. The Means test is complicated and can be misleading.
She is worried about losing her house
answered on Sep 7, 2016
As long as the transfer of the house was pursuant to a Divorce Decree, then it should be ok. It was over a year ago, so you shouldn't need to disclosed it on your Bankruptcy Petition.
and the trustee is still deducting money from my check
answered on Sep 7, 2016
If you have an attorney, contact them so they can contact the Trustee. If you filed yourself, contact the Trustee and see if your case has paid out. After a case has paid out, you will need to file a 1328 certificate and make sure your 2nd credit counseling course has been filed.
answered on Sep 7, 2016
If you filed a Chapter 7 and DID NOT sign a reaffirmation agreement, then you should be able to return the car.
I have perfect payment history since. My credit rating is currently low due to high credit usage due to unemployment and length of credit history. I had awesome credit (760) prior to my bankruptcy. Until September of 2015 my score was 734.
answered on Mar 31, 2016
Yes, they can rescind for any reason they want. If they think the credit score is important, then they will.
I filed the petition on July 24. She was granted the writ on August 10th.
answered on Sep 10, 2015
Notify the court which issued the writ that you filed for bankruptcy protection on July 24th. Attach a copy of the filed bankruptcy paperwork. The writ should be dissolved. You can also seek relief in the bankruptcy court for what appears to be a violation of the automatic stay on the part of... View More
When can I expect a payment?
answered on Aug 17, 2015
You have not given enough facts. What are the payments for? You didn't say. If they are for child support or alimony, they cannot be discharged in bankruptcy.
answered on Jul 3, 2015
In some jurisdictions, you only need to send notice to the creditor that you filed bankruptcy as the debt was discharged even though the debt was not listed, provided your case was a no asset case. In the Fifth Circuit, our court of appeals held that reopening to add the creditor is allowed. You... View More
Home will that stand in court. I'm not trying to get out of paying. I have changed jobs and behind on everything I need a second chance
answered on Jul 1, 2015
What you're describing is commonly referred to as a "default on filing" or "ipso facto" clause. Often, these clauses are not enforceable in bankruptcy court, but the treatment of such provisions by courts hasn't been entirely consistent. If the contract for your home... View More
Can county still sale tax lien certificate for taxes due?
answered on Jun 19, 2015
In our jurisdiction, our courts have held that that property cannot be sold for unpaid taxes while the automatic stay is in place. In most bankruptcy cases, the automatic stay becomes effective immediately upon the filing of the bankruptcy and stays in place as to property of the debtor until the... View More
He is almost 2000.00 behind and has not made any payments in months.
answered on Jun 12, 2015
The automatic stay in bankruptcy, which stops most collection actions upon filing, generally does not apply to domestic support actions or collection actions related to previously ordered domestic support obligations unless the assets involved are property of the bankruptcy estate.
*Kevin... View More
answered on May 21, 2015
Depending on the specifics of the situation, there are generally two possible options for a person who is unable to keep up Chapter 13 payments due to a change in income.
One possibility is to file a motion to amend the bankruptcy plan based on the change in circumstances. Some people are... View More
answered on Aug 19, 2014
If you can't get on PACER, and you don't have an attorney, contact the clerk of the court for the particular court where your bankruptcy case was filed. Do an internet search to find the number to the clerk's office.
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