A family member I'm in the process of filling a small claims suite against caused thousads of dollars worth of damage to my home. Could this person use bankruptcy to get out of paying a settlement if it's ruled in my favor?
Unless Iowa is very different than most states, you cannot bring an action seeking "thousands of dollars" in a small claims court. Your important question about the bankruptcy cutting you off should be asked to and answered by a bankruptcy lawyer in your area.
If you signed or co-signed as guarantor debt or have some legal obligation to pay them, there is no recourse. However, if you have been garnished for his bills and arenot liable for them, you can bring a wrongful garnishment suit against those creditors.
You need to review your Judgment of Divorce. After she files for bankruptcy, you will be solely responsible for repayment of the 3 joint credit cards. If, in your judgment of divorce, it is ordered that she pay these cards, it is possible that you can bring her back into court and file a motion...Read more »
I let a man move in with me cause he had nothing. Found out that he is a registered sex offender and I had no idea! He also used my card and put lots of charges on it. I kicked him out after 4 yrs and somehow he found out that the card was maxed out he called them and took his name off of the "my"... Read more »
I can not come up with the 3000 plus dollars the company wants to unfreeze my bank account, they will not work with me at all, i also have a consideral amount of court fines that i have been paying off, so i dont get in trouble with the law
Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you...Read more »
Sign up for PACER at the District Court for the respective jurisdiction. This is a free service, as long as you use less than $10 of services per calendar quarter. Once signed in you can pull up the specific case and review
Sign up for PACER at the District Court for the respective jurisdiction. This is a free service, as long as you use less than $10 of services per calendar quarter. Once signed in, pull up the specific case and review Schedule D if it is a Secured Creditor, Schedule E if it is a Priority Creditor,...Read more »
Check with an attorney admitted in your state. The National Association of Consumer Bankruptcy Attorneys (NACBA) has a useful lawyer finder. The bankruptcy code applies hierarchies against debtor assets.
Here it sounds like you 'may' have a claim. It's unclear if it is based on contract,...Read more »
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