Get free answers to your Bankruptcy legal questions from lawyers in your area.
I am being sued by Capital One for a credit card debt. I have 30 days to file an answer. I just received a letter from the firm representing Capital One with settlement options including monthly, lump sum or 3 month payment plans. However, there is a line stating that a consent judgment may need to... View More
answered on Oct 7, 2019
I’d try before filing the answer, although you may want to hire a lawyer to do it for you.
I have completed 99% of my Chapter 13 and it’s a 5 year plan. Just got behind the last couple of payments. I have made smaller payments but not the full amount
answered on Sep 21, 2019
More than likely, the answer is Yes, if the only issue is late payments. If you have an attorney, contact him/her immediately and they may be able to work out an arraignment to get your payments current. If you do not have an attorney, I’d advise contacting one immediately.
says the home is not a part of the bankruptcy and is only listed, so can my daughter assume the loan or not?
answered on Aug 16, 2019
It depends on how it was drafted. It has to be entered in defendant's resident county. It also depends on what stage the case is at. But generally yes.
answered on Aug 15, 2019
In bankruptcy, you get to retain any assets which are covered by state and federal exemptions. The key to determining whether your home will be safe in bankruptcy is determining how much equity you have in your home (the home's value less any mortgages, liens, etc.) and how much equity your... View More
I need to submit a Motion to Reopen Chapter 7 case that has been discharged over a year to Vacate a Judgement lien on property that had a judgement on before I filed Chapter 13. I converted over to chapter 7 after the POA matter came up again and had it listed in my bankruptcy. The amount they... View More
answered on Aug 14, 2019
You will have to file it in the bankruptcy action in which the discharge was granted.
answered on Aug 1, 2019
If your wife is the only one coming into money, then I'd keep it segregated in her account and do with it what you wish. It's very unlikely that you'll have a problem, especially if your C13 plan is confirmed.
For a family of 4
answered on Jul 30, 2019
Good afternoon. The current median income for a family of four in Georgia is $82,476. You can find this and other information about the bankruptcy "means test" at the U.S. Trustee Program's web site at this link: https://www.justice.gov/ust/means-testing
Wishing you the best,
Jeff Narmore
She lied on it saying she paid part of the housepayment but she did not. What can i do
answered on Jul 24, 2019
Hire an attorney and enter your appearance in her bankruptcy case to set the record straight..
i am 36 yr old woman went to carlot alone & got talked into getting a car thats worth 10,000 for 18,000. i havent had the car 7mo dont wont to buy do i need to file bankruptcy or am i stuck or what?
answered on Jul 8, 2019
A bankruptcy can be a useful tool in this situation. You could discharge the debt in a Chapter 7 bankruptcy and surrender the car. Alternatively, you might be able to get a redemption loan to pay off the vehicle through the bankruptcy for its fair market value. Talk to a local bankruptcy attorney... View More
answered on Jun 24, 2019
Good evening. You would be borrowing against a TSP loan and this would most likely be viewed as a request to incur a debt. The view on allowing this changes a lot from one jurisdiction to the next, including who decides to grant the request. For example, in the Southern District of Georgia the... View More
Hi, my mortgage company "Ditech" has entered a chapter 11 bankruptcy. They are involved in a class action lawsuit and I was sent out a "Proof of Claim" form from Epiq Global via mail and email. There is a section on the form asking "where should notices to the creditor be... View More
answered on May 31, 2019
Yes. You should file a proof of claim for the value of your entire house. You are the creditor, Ditech is the debtor. I would ask the trustee if he wants payments sent directly to him.
This debt was thru a dispute over a car rental for three days that did not involve an accident that was discharged over two years ago on a bankruptcy. In retribution, the Enterprise Car rental has placed me on a do not rent list along with its sister agency's which prevents me from renting a car.
answered on May 5, 2019
Actually, there is. Contact your atty about reopening case, and filing a motion for violation of the anti discrimination clause of the bankruptcy code. You could possibly be awarded sanctions
answered on May 4, 2019
Yes. That’s how it works. Notice first. If you don’t leave, court.
answered on Apr 27, 2019
You can, but they follow the property and likely will not be discharged if you still own the property.
A 2013 divorce left me with the marital home, but it has 5 judgment liens placed on the title during the divorce from credit card debt.
These liens are approaching 5, 6 and 7 years of age and of course have ballooned to an enormous amount I'm absolutely unable to pay.
I make... View More
answered on Apr 19, 2019
Way too many questions to answer in a text bc there are so many variables to consider, but the short answer is yes, a Chapter 7 or 13 could help you resolve these issues permanently and likely help you keep your home. You need to consult with an experienced bankruptcy attorney who can analyze your... View More
Fulton county. Property was placed in a trust for estate planning purposes under 1982 garners st Germain act. So can I file 7. Chp 11sf individual. I thought we were working something out..not responding now. I had a legal name change. When his attorney modified note
..I gave new legal... View More
answered on Apr 3, 2019
This combination of inter-related questions would require at least 10 hours of professional legal time to respond to, time valued at least $3,000. Hire a lawyer.
Accident was in 2009. Judgment in 2012. When my chapter 7 is discharged this month do i just take my papers to the DDS or will i need an attorney
answered on Mar 25, 2019
Take your discharge and schedule showing judgment creditor to DDS and they will reinstate your license.
Friend is not aware of fundraiser; they wouldn't ask that of us, but we want to help them, and they don't have the funds to pay a lawyer right now, though they're trying to work with one. Is there a way we can contribute and help without hurting their case or resulting in any... View More
answered on Feb 27, 2019
If you have been "served" a Summons to Appear, you must appear. The only thing you could do at this point is notify the Clerk of the Court and notify them that you have filed bankruptcy and see if this obviates the need to appear. Otherwise, you must appar or risk being held in court.
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