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Can this be done without the total selling price being taken by court? We are in the state of Louisiana.
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answered on Apr 4, 2024
In a Chapter 13 bankruptcy, the debtor's assets, including their home, are protected by the automatic stay, which prevents creditors from collecting debts or foreclosing on the property. However, selling a home while in Chapter 13 bankruptcy can be complex and requires court approval. Here are... View More 
Tax and interest of $15,000
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answered on Mar 30, 2024
The dischargeability of state income taxes in bankruptcy depends on several factors. In general, for income taxes to be dischargeable, they must meet the following criteria:
1. The taxes are income taxes (which appears to be the case in your situation).
2. The taxes were due at... View More
Tax and interest of $15,000
answered on Mar 30, 2024
The Bankruptcy Code enables a bankrupt debtor to discharge certain kinds of income tax debt, specifically, those for which an accurate return has been filed more than two years and four months prior to the bankruptcy filing. The IRS official position on this issue is set forth here.... View More
My debt owed was $30,000. I got put in a 5 year plan at $500 a month. So if my payment were to go up, that means the amount I paid in total would be over the $30,000 I was set to originally pay. My lawyer never could answer that for me. I was also told it couldn’t be paid off early.
answered on Nov 13, 2024
YOU, as a Ch. 13 debtor, propose a Plan. So you didn't "get put into" any Plan.
If your Plan deals with secured creditors with perfected liens on property you retain, "extra" money may pay accruing interest on those claims.
And "extra" money may... View More
He borrowed money to pay for his gambling and I can no longer keep up with the monthly payments. Now he want to sell the house in order to pay his loan. I don’t want anything to do with him anymore. It is stressing me out and he is pressuring me to sell the house. I feel threatened what he might... View More
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answered on Oct 5, 2024
I'm really sorry you're going through this difficult time. It’s important to reach out to a local attorney who can guide you through the divorce process in Louisiana and help protect your interests regarding the house and debts.
You have rights when it comes to property and... View More
I was convinced to buy a car a couple years back at a dealership through credit acceptance I had just turned 18. I was paying almost 600 a month and they charged me 20,000 for a used 2014 ford focus. It broke down after a month and I was told to bring it to a ford dealership to get it fixed so I... View More
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answered on Oct 18, 2023
If they have filed a lawsuit against you, you can defend the lawsuit and raise all those issues as a defense but it will be a long and expensive fight that you are unlikely to win. Unfortunately, you are dealing with a bully who has the ability to crush you. However, once they get a judgment... View More
answered on Jul 24, 2023
You don't ask a question here, just offer up a few facts.
Apparently, however, you are having debt issues. Imho, you have chosen the most expensive way to deal with those debts.
I strongly advise you to consult with a professional about your entire debt/asset/income... View More
will not set up payment plan. I have made several offers of monthly amounts that I can pay but they will not accept. When in court the judge told me to call and set up payment plan but now that's not happening. What should I do?
answered on Jun 6, 2023
Did you call the actual creditor or did you call the attorney for the creditor. If oyu called the actual creditor, then I would contact the attorney for the creditor and make the same request----usually they will either discuss your request and pass it on to the creditor, or they will provide you... View More
Thank you
Kellie
answered on May 21, 2023
If you file for Chapter 13 relief, there is a "co-debtor stay" that takes effect when the Petition is filed with the bankruptcy court, which pertains to claims that are "dealt with" by the Plan.
If you file for Ch. 7 relief, there is no co-debtor stay, and the vehicle... View More
He lives in the home. We are both listed on the deed to the home but I am on the mortgage alone. If he files chapter 13 bankruptcy and includes the home, would this stop the upcoming sale and foreclosure? If Ch. 13 temporarily stops the sale, what are the steps he should then take to keep the... View More
answered on Aug 19, 2022
When a Ch. 13 case is filed, there is both an immediate automatic stay prohibiting creditors to proceed against the debtor and/or his assets, and importantly, there is also an automatic "co-debtor stay" to prohibit creditor actions against other non-bankrupts who are jointly liable with... View More
What are drawbacks of separating/divorce?
answered on Jan 3, 2022
Generally speaking, when a bankruptcy case is filed, a protection called the automatic stay goes into place that prevents creditors from trying to collect against the person that filed bankruptcy (i.e., the "Debtor") or against their property. Usually when a motion to lift stay is filed,... View More
answered on Jan 1, 2022
The Bankruptcy Code, and the several Schedules of assets and debts, signed under penalty of perjury, do NOT permit you to "exclude" any debt or claim, or any asset. If you failed to mention your home mortgage indebtedness, amend your bankruptcy Schedules as soon as possible.
At... View More
I've had multiple strokes and am now immobile. My only income is SSA. Can my bankruptcy payment be reduced?
answered on Dec 2, 2021
Yes, your plan payment can be adjusted even after your plan has been confirmed.
Your bankruptcy lawyer should be consulted, and should do the modification for you without further charge.
1. being as the home and land, under my name in Missouri was purchased BEFORE we married,
2. WE OWN a mobile home IN TEXAS with no land under her name bought AFTER we were married that WAS OUR MAIN RESIDENCE,
3. and a RV PURCHASED AFTER MARRAGE in Louisiana ?
Also... View More
answered on Nov 8, 2021
If Louisiana is your permanent address, and you have no plans to move in the immediate future, you can file in Louisiana. I would defer to someone who is familiar with the divorce laws of the other states to say if you can file in one of the other states.
I LIVE IN LOUISIANA, MY SOON TO BE EX WIFE LIVES TEXAS AND SOMETIMES IN MISSOURI. WE HAVE PROPERTY IN BOTH STATES . ALSO, I WAS NEEDING TO KNOW WHICH ISSUE NEEDS TO BE HANDLED FIRST ? I NEED TO FIND A LAWYER WHO HANDLLES BANKRUPTCY, COMMUNITY PROPERTY AND DIVORCE OVER MULTIPLE STATES. HOW... View More
answered on May 30, 2021
Possibly, yes. It depends on why your license is flagged and the reasons for the suspensions.
I was told it was ok to leave the $ in my checking account and the trustee could not take it. Is this correct?
Will they ask for his bank statements being that he is not filing. He’s receiving unemployment. They did ask for pay stubs showing he received unemployment, but my question is being that he’s not filing do they normally request a non filing spouses bank statements?
answered on Mar 3, 2021
When one individual in a household seeks bankruptcy relief, the income of other household members is of interest to the Ch. 7 Trustee, because of the "means test", which determines eligibility to be a Ch. 7 debtor (compared to a Ch. 13 debtor). The presumption is the nonbankrupt... View More
I filed Chapter 7 in Louisiana..I was told that the trustee can't take my EIC or Child Tax Credit from..is this correct?
answered on Jan 14, 2021
In the Northern District of Alabama Western Division - the Trustee does not take your EIC or Child Tax Credit
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