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we are in a financially pinch because of a job loss, we are concerned that if we do chapter 13 that this will require her parents to be involved because she was added to the deed for when they pass to make things easier. This is a private matter to us and we don't want to involve anyone else.... View More 
answered on Nov 20, 2017
If she was added to deed she is one-third owner.
Also, if there is a loan, depending on when it was obtained, her interest could be free and clear.
You need to consult with a bankruptcy attorney.
There is no way to get around reporting this ownership interest.
answered on Oct 25, 2017
You will get all of the protection from your creditors, you just would not receive a discharge when the 13 plan completed.
See a bankruptcy lawyer in your area to review all of your options. In many cases, the filing of a 13 in a situation like you have would be to your advantage. Hope it... View More
for such actions as trustee was assigned , name of trustee, etc.
answered on Oct 11, 2017
You can access through PACER (Public Access to Court Electronic Records).
You will have to join.
https://pacer.psc.uscourts.gov/pscof/registration.jsf
If we are going to file, does it matter if we have to use a card with no balance to make purchases prior to filing? Do they look at what/where things were purchased recently?
For instance, if someone were to go out and purchase a brand new computer on a credit card a day before they file... View More
answered on Sep 22, 2017
If you make a purchase with no intent to repay it, the creditor can make a case against you for fraud. In the bankruptcy context, this means that the creditor may be able to have that debt declared nondischargeable, or you could be denied your discharge entirely.
The reason is that my address in the US is Chicago, but I am filing taxes as international and send to IRS in Austin-Texas. I do have a mortgage in New Mexico, which I just succeed to finalize the refinancing, and it is up to date. My debt that I can not afford is solely from credit cards, which by... View More
answered on Sep 17, 2017
Do you have a residence in Chicago. If so, probably you can file there.
If not, where you have your assets.
86k cc debt; own home w/ nonfiling spouse w/ about 2k in unprotected equity (was told it cd probably be zeroed out) and another home in which I am on title w/ 3 siblings w/ about 10k unprotected equity for my share. Spoke w/ a bankruptcy attny about case and ( i learned later) is also a ch7 trustee... View More
answered on Sep 5, 2017
Yes a chapter 7 trustee can serve as a Bankruptcy counsel in a Chapter 7 matter that he is not appointed to.
answered on Aug 25, 2017
You have to list all your bills and assets.
However, nothing prevents you from paying bills that will be discharged.
I assume the arrearage claim would be (PITIx4)+fees, correct. My question is on the mortgage amount. How should I model the mortgage amt ahead of the actual BK filing so that we can know the ballpark monthly ch13 amt? Do I request a payoff as of a certain date ( the filing date) from the lender?... View More
answered on Aug 24, 2017
What you request is what amount is needed to become current.
That is the arrearage.
You really need to see a Chapter 13 attorney.
There may be things you are overlooking.
I have a pending lawsuit where I need to have a bankruptcy file by Wednesday morning I need to turn the form into the federal trustee office by Wednesday my attorney is currently out of town and won't be back in time
answered on Aug 21, 2017
Bankruptcies are filed with the Clerk of Bankruptcy Court.
After you file, you get proof of filing.
That is what is usually shown in circuit court to stop lawsuits.
It is a DUI/Felony, will bankruptcy remove it?
I am 4 mos in arrears and am thinking of doing ch13 -w/ a bk attny of course - and I wondered what the typical/customary juice and fees wd be from the lenders . I spoke w/ one bk attny who put 11.6 pct (582 of 5000 in 4 mos of back payments), and another one who estimated 50 pct ( 2500) then... View More
answered on Aug 11, 2017
In general, the amount to be paid on the arrearage through the plan would be the amount it would take to become current on the loan.
--can either be used? pros and cons? in my case, itemization is better. why wdnt attny just use this , tehn? What does the ch13 trustee use or accept as standard operating procedure , if any such protocol exists, for the proper adjustment of the sales price ( after the valuation you get in an... View More
answered on Aug 9, 2017
Different Chap 13 Trustees have different ways of looking at things.
How about you just plain ask the trustee's lawyer that is if you don't have one of your own.
Her car is in really bad shape but is included in her bankruptcy and I am worried about her safety but I do not want the car I give her taken away to pay any debts.
answered on Aug 7, 2017
If she has already filed, the Trustee should not be able to reach a gift given to her after she files.
QUICK BACKGROUND: am 4 mos behind to WF; have a home, which we want to keep, w/ non filing spouse w/ some unprotected equity; the rest is all cc debt. BACK TO QUESTION: So this seems to place an extra burden on the lender to do extra stuff and I wonder if as a result there wd be extra payments to... View More
answered on Aug 2, 2017
When you did your budget, you should have factored in future tax and insurance payments.
i own a home w/ my spouse w/ about 10-14k in unprotected equity and am filing singly. we are under the median for our zipcode.
answered on Jul 26, 2017
In Chapter 13 creditors must get at least what they would have gotten if you had filed a chapter 7.
Disposable income is another matter to do with amount of payments to the plan.
The people on both houses, would not be filing ch13. In other words, if you assume that each will litigate to block the sale , how is this estimated in the sales cost of the hypothetical sales event ala a ch 7? The adjustment mentioned here is the adjustment to yield a net valuation of the houses... View More
answered on Jul 17, 2017
When you file the only thing that matters is what belongs to you.
In the Chapter 13 the unsecured creditors have to get as much as they would have gotten in a chapter 7 liquidation.
Valuations are litigated all the time.
You can have appraisals and the trustee can have appraisals.
and there is another home, the primary home of the bk filer, which is held w/ spouse. SO the general question is : for both homes, can the house be sold over the objections of the others on title ?
answered on Jul 17, 2017
The Trustee can sell the debtor's non-exempt interest.
If the other joint owner does not buy the Trustee out, the Trustee can sell the asset and give half to the joint owner.
assume there would be resources to do this before filing.
answered on Jul 11, 2017
In my humble opinion, you may want to put them in the Plan, which would potentially reduce the amount you are paying to the general unsecured creditors, depending on the equity in your property if any
i read on the net of a puzzling rule: if your income is below the median in my state ( POORER, LESS ability to pay) you paradoxically get LESS time to pay off the obligations( 36 mos ), but if you are over this median , you get MORE time , and therefore a lower payment. Common sense wd dictate... View More
answered on Jul 9, 2017
If you are over median, you are expected to pay more to your creditors.
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