Get free answers to your Bankruptcy legal questions from lawyers in your area.
answered on Oct 15, 2014
If I understand your question to be: Can one spouse file a bankruptcy only for him- or her-self without the other spouse filing or knowing about it, then the answer is yes. Even when married, only one spouse needs to file. The other spouse is not part of the bankruptcy and the other spouse's... View More
answered on Jan 29, 2014
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... View More
answered on Jan 29, 2014
A: Unless there is unexempt property, usually a Creditor does not receive payment. Even when something is unexempt and administered, Creditors generally only get pennys on the dollar. Unless you can show some fraud in the granting of the loan and have your loan declared nondischargable, the most... View More
answered on Jan 29, 2014
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
answered on Jan 29, 2014
If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.
Family court judge ordered me to pay my ex-wife's attorney fees. Will filing bankruptcy rid me of this responsibilty?
answered on Jan 29, 2014
If there was no Child/Spousal Support granted, it is dischargeable. However, if the fees were incurred in the pursuit of support or are noted to be "in the nature of support" No.
If there was no Child/Spousal Support granted, it is dischargeable. However, if the fees were incurred... View More
answered on Jan 29, 2014
If there was no Child/Sposal Support granted, it is dischargable. However, if the fees were incurred in the pursuit of support or are noted to be "in the nature of support" No.
I received a notice from the bankruptcy court saying that an order was entered denying the discharge of the debtors. Does this mean that I, as a creditor can attempt to collect on the debt
answered on Jan 29, 2014
If the Bky was dismissed you can resume your collection efforts.
answered on Jan 19, 2012
Unless the Family Law Court Ordered, or it was placed in the Dissolution Agreement that the debt was "in the nature of support" it can be Discharged in a Bankruptcy.
answered on Dec 8, 2011
You should file a Proof of Claim in the bankruptcy case. This form should have been provided to you with the Notice of Bankruptcy. Depending your priority as a Creditor and if the Debtor has any property to be administered, you may receive something. Wages are consider a high priority.
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.