No two cases are alike, and no two clients, who generate necessary factual information, are alike either.

The preparation of the full Bankruptcy Schedules requires across the board info from the client, both currently and for as long as six years ago.

I've been doing bankruptcy... View More

For most debtors, the primary purpose of Chapter 13 is to "save the house".

Ch. 13 enables you to retain the property, make current payments as they fall due, and cure any mortgage deficiency by paying the amount past due on the mortgage debt over the period of the plan (up to... View More

Your attorney is correct. That is not a violation of the automatic stay nor is it an attempt to collect a debt. While they may have referenced it when you called them, they did not take any affirmative act toward collecting the debt. Id stay with your current lawyers. They are trying to keep... View More

Determine whether you view the debt first. If you don’t, challenge it in court. If you do, try and negotiate a payment plan or lump sum payment to resolve. Consular sn attorney who can help you choose the right path.

Most likely you’d be able to keep everything using your exemptions. Consult a competent bankruptcy practitioner who can evaluate your financial situation and help you make the right decision.

It could be construed as fraudulent conduct. I would tread very carefully in this matter to avoid any allegations of fraud or misconduct.

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answered on May 23, 2023

There are provisions in the Bankruptcy Code for asking the court to modify your Chapter 13 plan based on a change of circumstances. If your current attorney is refusing to do so, and hasn't adequately explained it to you, you should consult another attorney in your area. Most will offer a free... View More

You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.

If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders.... View More

As long as you’ve been in the 13, you should be fine.

A divorce can only be filed as uncontested if both spouses sign all of the required paperwork. If you have an agreement that he will sign, you can hire an attorney to draft the paperwork for you. You should reach out to an attorney directly with more information, so they can determine the correct... View More

If you disclosed all of the debts and assets of yourself and your old business in your bankruptcy Schedules in last year's case, and you've received a discharge, then all of your old creditors are barred from attempting to collect on those discharged debts at this point.

The Bankruptcy Code defines who is eligible to file for Chapter 7, as well as all other forms of Chapter relief. An individual who has not filed for bankruptcy relief and gotten a discharge recently (6 years), and whose income is less than the "median income" for your region is eligible... View More

I'm not in the lending business, thank heavens, lol, but I have been acting as general counsel for a few credit unions in the tri-state (PA, DE and NJ) region, and this issue occasionally comes up. I advise my lenders that recently bankrupt borrowers are a better than average risk in an... View More

The answer depends on multiple factors that are not clear from your question (e.g., the date you filed your bankruptcy case; the dates you took out each of your auto loans; what you elected to do with the second vehicle).

Unless you reaffirm a debt, your chapter 7 discharge will include... View More

What is the question?

All non-exempt property of the debtor is for sale by the trustee in Chapter 7. If you have issues with this, contact a local bankruptcy lawyer for guidance. But you should contact the trustee.

The trustee's name and address are on the docket of the case... View More

You should have your bankruptcy lawyer pull those records asap and determine the amount owed and payment status, if any.

From your question, I have to assume that you are in a Chapter 13 proceeding, and that your plan, by now, has been confirmed. Implicit in your question is whether you may be liable for additional attorneys fees.

Until recently, in most cases, a debtor's attorney was "stuck"... View 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),... View More

No. You cannot reapply. You should have your bankruptcy lawyer look into this arrearage for you.

The unused portion of the homestead exemption can be used as a wildcard up to $10,000.00 each.