I have two loans one tied to a cd and a credit card in business name.
answered on Jan 18, 2023
It should only affect you personally if you also guaranteed the debt. Most businesses are a separate entity just like a separate person. You are only liable for a debt to a creditor if you agreed to be liable for it. You can co-sign with your company or a person and be held liable.
We would like to continue to make payments on it and keep it because we need it for our property. The home & 1 acre is in my name because I lived here before my husband and I married. We use the tractor for property maintenance and feeding our cows. (We have 2 that are being raised for our meat... Read more »
answered on Jan 17, 2023
When you file a bankruptcy petition, the accompanying Schedules ask for ALL your assets (the Section 541 definition of "estate" is quite broad) and ALL your debts/claims against you. You sign those Schedules under penalty of perjury (it's a felony, and the penalty is steep).... Read more »
We would like to continue to make payments on it and keep it because we need it for our property. The home & 1 acre is in my name because I lived here before my husband and I married. We use the tractor for property maintenance and feeding our cows. (We have 2 that are being raised for our meat... Read more »
answered on Jan 17, 2023
Great question, and one that I frequently field from potential filers. The John Deere Finance loan will have to be identified in the bankruptcy schedules. This ABSOLUTELY does NOT mean that you have to give up the tractor. There are multiple paths available to keep the tractor. One path,... Read more »
hypothetically a close relative needs to file bankruptcy but I assume she will loose the home in the process so I will take over home and loan then rent it to them theory. The home mortgage is currently and no payments missed
answered on Dec 22, 2022
She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.
Re you taking over, that is something you would need to request... Read more »
answered on Nov 11, 2022
Most will but there are exceptions to discharge. The most common non-dischargeable debts are domestic support obligations, student loan debt, and most tax debt owed to federal, state or local governments. Debts from misrepresentations made to get credit, debts arising from fraud, "willful... Read more »
My husband unfortunately has entered a rehab facility and is not able to help with our bills.
answered on Oct 14, 2022
If you filed a Chapter 13 in 2020, how are you discharged already? If you got your discharge in 2020, it depends more on when you filed the Petition, as that is the controlling moment
He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit
answered on Aug 29, 2022
Your brother seems to qualify for filing bankruptcy. He makes very little income. There may be a problem for him in that if he sold the restaurant, there should be maybe money left over or money to be accounted for. There is also a requirement to keep records. He could make a gross income of... Read more »
My new wife took out a credit card in my name. I am in a chapter 13. She used my info, I didn't know about it, what will happen?
answered on Jul 14, 2022
What you describe sounds like a post-filing debt, which would not be discharged in your Chapter 13. I have no doubt that your jurisdiction forbids incurring new debt, (including credit cards) without Court permission. (No Court in my experience would EVER grant permission). I agree with Mr.... Read more »
We filed together approx 2 years ago, prior to divorcing, and this if the first year we are having to turn in our tax returns, but I received a motion stating he had not done this. I do not know how to protect myself in this situation. He has a car with my name on it and I have a car with both... Read more »
answered on Jun 20, 2022
The bankruptcy case will be dismissed if the ex does not pay the tax refund. I fail to see why you would be in Chapter 13 unless you have a large income, a large amount of assets, student loans, or income taxes which you need to manage in Chapter 13.
You may want to be dismissed from the... Read more »
answered on Feb 8, 2023
Your local bar association or legal aid society can help you or you can research local bankruptcy attorneys online to find the right one for you.
answered on Jan 16, 2023
Yes. There is a 15 year statute of limitations on a judgment collection if it has not been renewed.
Bought shed from marketplace from a lady. She wrote a receipt stating that it was paid for in full previously by her and it was not being financed anywhere. Before I had a chance to get it moved the finance company re-Po'ed it and now she refuses to give my money back. She texted me and told... Read more »
answered on Aug 26, 2022
File a proof of claim in the bankruptcy and hire a lawyer to file an adversarial proceeding against her in the bankruptcy.
He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit
answered on Aug 24, 2022
If he files a bankruptcy, you will need to file a proof of claim that shows you are a creditor entitled to payment.
My fiance is making the payment for me and its not really effecting my budget and i am up to date and current on all my payment in my bankrupcy and the credit card. I really dont want to draw this to my lawyers attention. Will this cause my case to be dismissed
answered on Jul 29, 2022
Probably not but you should stop using the card until the bankruptcy is completed.
If a lawyer was to request a early payout on a chapter 13 how does that work exactly and what is the turn around time for all of that? I am 3 years into plan and want to request a early out or early payout
“Copies of all notes, security agreements, loan disclosure statements and other documents relating to loan transactions to which the debtor is a party” Say it in layman/is this about my personal loan already included in the case that I am declaring bankruptcy on?
answered on May 7, 2022
Yes it is, but it also pertains to any and all other loans you currently have. Best to turn over all loan documents for any loans you currently have, whether you are discharging them or plan to repay them.
answered on Mar 21, 2022
Everyone initially qualifies for the automatic stay upon filing. However, as the case progresses, the Court may grant relief from the stay to any party as deemed necessary.
I need relief again with increases in all areas of my situation now
answered on Mar 21, 2022
You didn't ask a question directly, but the implication is whether you can file under your facts.
The short answer is Yes, but you may not qualify for the automatic stay--your lawyer will have to file a motion to have that granted.
Sorry to hear your plight, but go see a good... Read more »
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