This debt is non-dischargeable because it is a governmental fine. You could stretch out the payment in a Chapter 13, but the debt can not be discharged in any bankruptcy, including a Chapter 7.

Any sale in a bankruptcy case is essentially an auction, whereby prospective purchasers with higher and "better" offers can defeat a purchaser that is the "stalking horse" brought by the debtor or a trustee for court approval. Competing bidders that interested in making an... View More

The amount of your bills/debts do not qualify you for filing bankruptcy - your income does. Here is a link to a table that contains basic income limits for bankruptcy qualification: http://www.justice.gov/ust/eo/bapcpa/20140501/bci_data/median_income_table.htm

Kelly G Lambert III... View More

If you were on the Deed, you own it until you are off, be it via Foreclosure or it is transferred by some other means.

Yes, the Illinois exemption for personal injuries is $7,500.00. Any amount over that can be taken by the Trustee to pay toward your outstanding debt.

Your tax return can be taken by the Chapter 7 Trustee if it exceeds the property exemption amount for your state. In Illinois, you can protect up to $4,000.00 worth of miscellaneous personal property. Your tax refund would fall under that exemption.

Yes, you can file for bankruptcy even if there is a slander case filed against you. However, that creditor may file an adversary complaint in an attempt to hold that specific debt non-dischargeable.

No, you are not forced to file for bankruptcy simply because a co-debtor files. You can continue to pay those debts that were discharged by the co-debtor.

Yes, charge off does not mean that the debt is eliminated. Provided the statute of limitations has not yet passed, the creditor can collect or sell to another to collect.

You should be able to get the case dismissed. Send her a copy of the filing and a copy of your discharge. If proceeds, then she is violating the spirit and specific sections of the Bankruptcy Code.

The automatic stay should apply until such time that the stay is modified or until discharge. This is true of the debt is actual taxes that are owed.

You can obtain a copy for the Clerk of the US Bankruptcy court. You can also contact your attorney who should be able to provide you with a copy.

You can ask general questions regarding the assets and liabilities of the debtor. If you want to ask further questions, you can bring a motion for a 2004 examination. That is a separate examination which you conduct on the debtor.

No. They can only receive a deficiency judgment if you were actually served. By serving you by publication, they can only take an in rem judgment against the property. You are not going owe a deficiency if service was by publication only.

If your mortgage was modified under HAMP, then you are only going to be paying back the amount of the new loan. Once the HAMP process is complete, you have effectively changed the amount of your loan.

You can purchase property immediately after doing a short sale or a deed in lieu. If you are looking for financing, then you will have to wait at least one year, more commonly two years. It really depends upon your financial situation at the time that you apply for the loan.

No. The lender can repossess the vehicle if you fall behind on payments. The lender can act quickly or can decide to wait. You should not feel that you have cleared any hurdles simply because a year has passed since your discharge.

Your husband's bankruptcy filing will not affect your liability on joint debts. However, your credit report may mention that the co-debtor filed for bankruptcy on the account. If you continue to pay your obligations, the creditors will continue to accept your payments. However, if you had a... View More

You have two hurdles to get over to accomplish removing the lien. First, you must bring a motion to reopen your bankruptcy case and pay the filing fee to do so. Second, you must prove that the lien impairs an exemption. It also will depend upon what type of lien it is. If it is a judgment lien,... View More

To confirm that your mortgage was reaffirmed, you must check with the bankruptcy court to see if it was filed by the creditor. Simply agreeing to reaffirm or actually signing the agreement does not make it valid. It must be counter-signed by the lender and then timely filed with the court. I... View More