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answered on Jan 31, 2020
Yes, all personal injury proceeds received in lump sum is 100% exempt; however, do not deposit it into an account with other funds--keep it completely separate until after your discharge, so as to be able to prove every penny came from the settlement check. Once you commingle it, you risk having... View More 
Filed bankruptcy Sept 17. Eviction was filed Sept 23. Landlord waited 30 days with no contact til Oct 23. Threaten eviction. Never received eviction paperwork. Sheriff came out to evict. Provided half of rent owed to landlord. Still providing rent owed to landlord but landlord is still threaten to... View More
answered on Dec 4, 2019
I believe that the Landlord would have to get permission from the Bankruptcy Court to proceed, otherwise it would be a violation of the automatic stay. Contact your lawyer as soon as possible
I have learned that if one file for Chapter 7 bankruptcy, he will lose his house if the amount of equity matches the amount to be paid to the creditors. There is one exception which is homestead exemption and allows you to protect certain amount of equity.
The question is after homestead... View More
answered on Nov 27, 2019
No. It is measured at the time of filing. In addition to the homestead exemption, you also have a wildcard exemption you can use to protect more equity. If you still have unprotected equity flyer that, you should consider filing a Chapter 13.
answered on Oct 21, 2019
Yes. She will have to pay for the car or they will repossess it. As long as she pays as agreed, no adverse effect on her.
Would I have to have the Ch13 in NYS dismissed and then refile in MD? The payments to the trustee are too high. I'm struggling to pay it. Also, I owe student loans. I Am planning on going back to college. You do not have to pay back student loans while you are in school at least half... View More
answered on Jul 10, 2019
You can dm your 13 in NYS and refile in MD once you meet the residency requirement. Probably should enroll now and get deferment status in place before you file in MD.
I am selling family home. Brother refused to give me the lawyer name who filed the bankruptcy so I can make sure it was not added to bankruptcy case?
answered on Jun 3, 2019
Unless sealed by a judge, all documents in a bankruptcy case are available to the public. Call the BR court.
I have completed my schedule A/B and other forms that are due tomorrow. I just need to know if I place only my 50% interest on my schedule a/b as this drives my answers for schedule c exemptions and other docs as you know. I would appreciate any feedback but I don't have time to discuss... View More
answered on May 29, 2019
You have to list the house as an asset in which you have a 1/2 undivided interest in the bankruptcy petition. But if you’re filing a 13, it’s a repayment plan so none of your assets should be in jeopardy.
answered on May 29, 2019
It doesn’t disappear ever. When a Chapter 7 is filed, the automatic stay is created. If the 7 goes to fruition, debts are discharged in about 90 days. If it is a Chapter 13 repayment plan, it can be up to five years.
& I die - can they take my life insurance of 10,000. for which my son is beneficiary? He is not on any of my accounts, but would be my executor to my estate - which is worth very little.
answered on May 5, 2019
No. The life insurance passes outside the estate directly to your son as beneficiary. It is safe.
answered on Apr 5, 2019
The beginning of the measuring period is the date you knew, or should have known, of the wrong. It is generally 36 months for contracts and civil lawsuits. There are exceptions: in some cases measuring years are shorter (one year for assault and battery) and longer (12 years) for contracts under... View More
What does that mean, and how long will the other ten closed accounts be after me to do the same thing? Should I look into filing bankruptcy to rid the rest of closed accounts with a pro bono legal aid someone that doesn't charge to take your case?I have no money to pay high price chapter 7 and... View More
answered on Mar 24, 2019
The return date is simply the date by which the summons must be returned as served on you by the plaintiff, or it expires and they must have a new summons issued. If that happens, the trial date may also change. If this is a suit for debt, and you owe a lot more, then yes you should consider... View More
I've called and left messages to one of the legal aid but no one has gotten back to me yet. Meanwhile looking else where or online to check other pro bono legal help, some law firms show to file bankruptcy only $500. I know that's a scam. If you know of any please by all means email me!... View More
answered on Mar 21, 2019
Legal aid will help you prepare the documents, but probably will not be able to adequately advise you the same way an attorney would and does not actually represent you. You might end up being ok filing yourself, but so many things can go wrong that you wouldn't know about in advance. I highly... View More
As I said before I received a summons on Tuesday and have till June for court, can pro bono stop the other creditors or contact them that I'm filing bankruptcy because I have no funds to pay them. What really saying can they stop them right away or its gonna take months before they contact the... View More
answered on Mar 21, 2019
The creditors harassment will stop immediately upon filing the petition, regardless of who filed it for you.
I am filing Chapter 7 Bankruptcy in the state of Maryland, trying to protect primary vehicle that has lien from Navy Credit Union and need to know what schedule do I list the car and where do I add the Wild Card
Personal property under federal bankruptcy exemptions
$5000 (applies... View More
Trying to protect vehicle that is Primary used for work from Chapter 7 Liquidation by Bankruptcy Trustee in the State of Maryland. On what form do I add the Maryland Wildcard exemptions MD Code Ann. C & JP § 11-504(f), & MD Code Ann. C & JP § 11-504(b)(5), is it the Schedule C? Please advise...
I have a chapter 13 that I finished paying in April 2018 and one of the creditors has been unreachable and they cannot send the payment to them so the Trustee will not close the case or discharge it until this happens, but in the meantime I am in need of buying a new car and nobody will give me... View More
answered on Feb 8, 2019
The Chapter 13 Trustee could escrow the funds with the Court, and allow your Discharge. I would look into that option
a mechanics lein on my car?
You have been extremely helpful giving me vital advice for this complicated (for me) matter. Many, many thanks. I think this is the last question.
answered on Feb 2, 2019
If you charged them to your account, the answer is no. Usually, they will just keep the car until the repairs are paid, so if you have the car, it’s just an unsecured debt.
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