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answered on Nov 5, 2023
If you've missed a mortgage payment by mistake while in a Chapter 13 bankruptcy, it is critical to address the issue promptly:
1. Contact your bankruptcy attorney immediately to discuss the situation. They can provide guidance specific to your case and may be able to negotiate with the... View More 
answered on Oct 10, 2023
When in an active bankruptcy case, especially a Ch. 13, there is an automatic stay of any actions against the property of the debtor's estate and/or the debtor, to collect a debt.
In order to proceed with a foreclosure case in a non-bankruptcy court, the foreclosing creditor must... View More
Do creditors file adveseral proceedings against debtors who are behind to discourage someone filing bankruptcy
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answered on Nov 5, 2023
Creditors of unsecured credit card debt typically do not file adversarial proceedings if you have not filed for bankruptcy. Adversarial proceedings are part of the bankruptcy process, where a creditor challenges the dischargeability of a debt. If you're behind on payments, creditors may... View More
I have filed bankruptcy but forgot to list my buy now pay later contracts. Should I tell my lawyer about those? Also, are those considered credit?
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answered on Nov 5, 2023
You should inform your lawyer about all debts and financial obligations, including "buy now, pay later" contracts. These contracts are typically considered credit agreements and should be disclosed in your bankruptcy filing. Failure to list all creditors can result in some debts not being... View More
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... View 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).... View 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... View 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,... View 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... View 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... View More
On ore tenus motion of the debtor(s) and the trustee in the above styled cause to extend the deadlines for filing § 727 complaints and/or a motion to dismiss for abuse by the case trustee or the United States Trustee and the Court, having considered the same, finds for good cause shown that said... View More
answered on Jun 14, 2023
It means the court has enlarged the time and added 60 more days for anyone to file a motion to dismiss for abuse.
answered on Jun 7, 2023
Depends on who is asking and why. You do not have to disclose anything , although it may adversely impact your application if not disclosed.
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.
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... View More
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... View 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.
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.... View More
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