If the Trustee objects, he will have to rebut with his own appraisal.

The judge decides.

That is correct. Guarantor's are on the hook just like the original obligor unless something like tax which has the innocent spouse defense.

That is going to depend on several factors, including whether or not the spouse has any debt, the value of what is owned, how many exemptions you have, etc. I see that you are in Springfield, please contact a local attorney in your area as bankruptcy is complex; they can best advise you once they... View More

It all depends.

If Chapter 7, lien stays on but you can surrender the car to the creditor and not owe anything on it.

Only those debts that can be discharged.

Some debts can't be discharged and others can be discharged only under limited circumstances.

What you are probably referring to is the difference between a Chapter 7 and a Chapter 13.

In 7 you are done and with 13 you keep making monthly payments.

If you file bankruptcy, this case goes away unless there was fraud or some other reason it shouldn't be discharged.

From what you are saying, looks like everything you have is exempt from garnishment.

Illinois has a laundry list of things people can have that creditors can't touch.

Even though you are not filing with her, if you live with her, your income and expenses may come into play when she does her budget.

There is no minimum amount.

The test is being unable to pay your debts with current income.

For some $5,000.00 is too much debt while for others $5,000,000.00 is not enough debt.

Roughly, you turn over your disposable income to the trustee who in turn pays as many bills as he can.

Some bills are paid before others.

Afterwards, even if a creditor does not get paid everything, it has to wipe off your debt.

There is a whole lot more to it and that is... View More

Spouse didn't file.

She is not restricted in what she can do.

Maybe she can negotiate for herself.

They should release them to the Trustee.

You and the Trustee will have to figure out if any of them are exempt.

It may be they are all exempt and the trustee may authorize the bank to release them to you.

If there are limited non-exempt assets, sometimes the Trustees... View More

On the day you filed your non-exempt assets became the property of the bankruptcy trustee on behalf of the estate.

All the Plan calls for is to make the payments.

The one thing you can't do is take out loans without the court's approval.

It all depends on how the divorce judgment is written.

Have your bankruptcy lawyer review it to see your options.

Find a lawyer who has Pacer service and have them look it up for you.

Pacer keeps track of all federal cases, including bankruptcy, in the US.

So, what happened to his cases.

Didn't another lawyer take over. If so, you would get credit for what you paid.

Legally, his estate owes you the money.

When you file bankruptcy, the Bankruptcy Trustee will own your rights to collect from his estate.

If there was a court case and they took a judgment against you, they have a right to garnish your paycheck.

If the judgment was entered in error, you need to go back to court to have the judgment vacated.

It seems as though both of you were liable on the debt and they sued both of... View More

You generally may convert to a chapter 13 while in a chapter 7. There are time limits and other limitations which should be discussed with a competent bankruptcy lawyer to answer that question in your specific factual circumstances.

Once you file a chapter 7 you may not dismiss. There are... View More

Yes. You could have and should have purchased GAP insurance to cover this contingency.