Get free answers to your Bankruptcy legal questions from lawyers in your area.
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 
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... View 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... View More
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... View More
answered on Mar 5, 2022
Go to pacer.gov, create an account, then look up the case in question.
answered on Oct 25, 2021
I'm not licensed in Kentucky, so you should consult an attorney licensed in your State. In most States your brother's 1/8 interest would not be exempt under law. What that means is that his bankruptcy estate would include his 1/8 interest and the bankruptcy trustee would be entitled to... View More
Bumped into a car when reversing out of a parking spot Halloween of 2020. No damage, victim didn’t want to call police. Found out when contacted my insurance company, my coverage lapsed. Got that taken care of but first week of December 2020, victim called police to have police report done. Ended... View More
answered on May 7, 2021
That would be one solution, assuming that bankruptcy makes sense otherwise. If he has low income, owns little or nothing, and has other significant deaths, this could be a reasonable option.
answered on Apr 18, 2021
No the automatic stay does not protect you automatically from a lanlord eviction. However there is a section of the bankruptcy code that allows you to pay the rent you are behind on into the court and force the landlord to accept it. Then you can finish the remaining months of your lease. This... View More
If so does that mean she doesn’t have to pay me what the judge ordered her to pay and is there a way to stop her from not paying us and adding it to the bankruptcy when she files? We filed the case in small claims before she ever started to file for bankruptcy but now she’s saying her lawyer is... View More
answered on Sep 15, 2020
While she can add the back rent to the Bankruptcy, she cant just live there for free. If she is a Chapter 13, she has to bring current and stay current
If a Chapter 7, she either has to pay or get out
I HIGHLY recommend that you seek out counsel in your jurisdiction that can assist... View More
He hasn't been chipped. But he may have been registered by the breeder.
answered on Aug 26, 2020
Have the dog chipped and registered to you and then it’s your dog.
it to them?? and it says the letter needs to be "served" to the trustee and debtors counsel?? again, mail it?
answered on Aug 12, 2020
Yes. You may file by mail and yes serving means mailing a copy to debtors counsel and the trustee.
Or is a letter to the case attorneys enough?? I am in Louisville, KY but the case is in the United States Bankruptcy Court District of Delaware.
answered on Aug 6, 2020
A letter is sufficient if it sets out your objection to the claim, is filed with the court and served upon the trustee and the debtors counsel.
answered on Jun 22, 2020
Don't ask me! Ask your wife's lawyer!
You have given no underlying facts that support anything, so giving you an opinion is worthless.
Good Luck
d
answered on Apr 30, 2020
In Kentucky since you own the LLC solely it is solely your asset. A Trustee may be able to sell assets of the LLC. If the LLC had other members this is generally not possible for the Trustee.
In the agreement, they suppose to deed me 8 acres of land once the final bond phase is up. They are currently going through the bankrupt.
answered on Apr 9, 2020
No! In the bankruptcy petition the Debtor should have announced his option to pay the lease and accept it or reject it. If this is a lease and the bankruptcy was filed during an eviction proceeding the debtor may deposit any overdue funds with the court and accept the lease but immediately cure... View More
The CARES act seems to be very clear that the Stimulus money cannot be used as "income" when FILING bankruptcy or when CONFIRMING the chapter 13 plan. The language isn't quite as clear for people currently in a confirmed Chapter 13 plan. Will I be able to keep the stimulus money or... View More
answered on Apr 6, 2020
No. You should be able to keep your stimulus check if you otherwise qualify.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
