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My daughter’ father was arrested, awaiting trial with pending charges from another counting, five counts of sexual exploitation of a child. It’s been hard for my daughter. I have been separated from my husband for nine months for the well-being of my daughter, since father’s arrest, she... View More 
answered on Apr 21, 2023
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
I filed for a bankruptcy on myself and my old business. It was filed and discharged back in 2022. I want to start over, but this time with a business partner. My old business was custom apparel. This new business will be a collection of businesses. Custom Apparel, Embroidery, banners, print shop,... View More
answered on Apr 20, 2023
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.
A widow, whose sole income is social security, hired a public adjuster who nolonger wants to work with the attorney they hired. The adjuster is now putting pressure on her to pay him $12,000 or more. Can she file chapter 7 bankruptcy? If so, will it stop him from taking any further action against... View More
answered on Mar 21, 2023
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 also did a volunteerly return of a vehicle within my chapter 7. I've tried many times to get a auto loan but, everyone wants about $3000 to $4000 on a $11,000 to $12,000 vehicle. The higher the vehicle the more down. I had lenders to send me lenders with my credit score being between 621... View More
answered on Feb 26, 2023
I'm not in the lending business, thank heavens, lol, but I have been acting as general counsel for a few credit unions in the tri-state (PA, DE and NJ) region, and this issue occasionally comes up. I advise my lenders that recently bankrupt borrowers are a better than average risk in an... View More
Can both of these be classified under my filing if I only signed paperwork for one . Because they both show up when I try to get anything as both being under my Bankruptcy.
answered on Feb 22, 2023
The answer depends on multiple factors that are not clear from your question (e.g., the date you filed your bankruptcy case; the dates you took out each of your auto loans; what you elected to do with the second vehicle).
Unless you reaffirm a debt, your chapter 7 discharge will include... View More
answered on Feb 14, 2023
What is the question?
All non-exempt property of the debtor is for sale by the trustee in Chapter 7. If you have issues with this, contact a local bankruptcy lawyer for guidance. But you should contact the trustee.
The trustee's name and address are on the docket of the case... View More
There is no mortgage on the house. Gwinnett county records indicate a 43,000$ lean on house. Chase claims I owe $113,000 on the HELOC.
answered on Feb 2, 2023
You should have your bankruptcy lawyer pull those records asap and determine the amount owed and payment status, if any.
answered on Jan 26, 2023
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
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... View More
answered on Sep 23, 2022
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
answered on Sep 13, 2022
No. You cannot reapply. You should have your bankruptcy lawyer look into this arrearage for you.
Can renters claim the excess homestead deduction 10k single /20k joint filed?
answered on Sep 1, 2022
The unused portion of the homestead exemption can be used as a wildcard up to $10,000.00 each.
answered on Aug 31, 2022
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... View 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?
(44-13-100(a)(1)... View More
answered on Jul 19, 2022
Yes, the carryover $10,000.00 can be used on any property regardless of whether you have real property to use the homestead exemption.
They are still operating and opening new businesses how does that work. Does it mean they are out of bankruptcy.
answered on Jun 21, 2022
Most businesses that file a bankruptcy case use Chapter 11 of the Code, in what is called a reorganization. Several of the US airlines have done so, some more than once.
In a corporate Ch. 11, it is the norm to continue to operate the business.
If your "case" against the... View More
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... View More
answered on Jun 16, 2022
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... View 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.
answered on Jun 15, 2022
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.
answered on Apr 16, 2022
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?
answered on Mar 30, 2022
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... View 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... View More
answered on Mar 6, 2022
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... View More
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