The very short answer is "yes." Certain rights of collection may be affected by a subsequent owner of the debt, but as a general rule, they step into the shoes of the original holder of the debt and may proceed as if they were the original owner of the debt.

Depending on the State the exemptions may be better in one State vs. another. To prevent shopping for a State to bankrupt in, you must be a resident of a State for 2 years before you can claim that States's exemptions. This can be complicated depending on your assets. See a bankruptcy lawyer... View More

Your tax debt should be dischargeable in a chapter 7 case.There might be another reason the attorney said you can only file a chapter 13. Do you own a home? You might want to just speak to another bankruptcy attorney in your area for a second opinion.

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Generally you start with dealer retail, but if it went to a hearing you would be able to reduce that amount by various factors including mileage, damage, wear and tear, etc. So ultimately again, the final number is negotiable to some degree.

Generally blue book value is used, though ultimately other factors can be considered. There are some companies out there that will lend you the money for the redemption, so the car can be purchased for a more reasonable, post-bankruptcy loan amount.

You can go online to www.pacer.com and set up an account and check

Whether the amount of your housing expense will have an impact in your potential bankruptcy case can be determined by a full evaluation of your income vs. expenses. There is no one answer. It is not too early to seek a bankruptcy attorney who can guide you at this stage.

If there is no off-set and she owes you the damage deposit, you can take her to small claims court.

It might affect your ownership interest. If there is equity in the property and you both own the house 50/50 the bankruptcy court may take over his 1/2 interest and require that the property be sold (and split the proceeds); that or have you buy out your brother's interest by paying into the... View More

Chances are pretty decent that they will sue and then seek to garnish either a bank account or your wages (both of which have previously been provided to them by the borrower) if the loan is not paid back.

Very rarely would they go to the trouble to actually try to intercept the tax return - a bit tricky. More likely they will sue you, get a judgment in the court, and then file a garnishment on your bank account or wages. That is the order they would have to proceed - and they could send ongoing... View More

Once you have your discharge you are good to go as far as getting a 401(k) loan (or other loan for that matter). Wisdom may indicate not taking a loan against your only retirement account, but legally it is allowed.

You should contact your bankruptcy attorney. If you do not have one, now is the time to hire one. The order confirming your plan will show your plan base. As an example, if your plan payment is $100 for 36 months then the plan base is $3,600.00.

You committed to paying all disposable... View More

Unfortunately, she probably can claim the debt in her bankruptcy. You can still file a proof of claim in the case, and if somehow she has some property that the bankruptcy court takes over, you might get some part payment of the debt. I wouldn't hold my breath, but it never hurts to file the... View More

If you are represented by counsel, ask your attorney. If you filed pro se, let the trustee know that you received the check in writing, requesting instructions from the trustee as to whether he/she wants the funds turned over to her/him.

Form, you just want a form. Go to the website for the local bankruptcy court, they might have forms.

The forms are standardized and are avail. from all District Court Bky websites. The forms are in alphabetical order, i.e. Schedule A, Schedule B, Schedule C, etc.

No, they can do an affidavit of lost note. This is very common.

Fees vary case to case based upon the amount of work required. Chapter 7 cases generally start at $1,500 for an experienced Bky atty. Chapter 13 cases start at about $2,500. Some attorneys, like myself offer specials and discounts. The Filing fee for a Chapter 7 is $306, for a 13 it is $281. If... View More

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

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