What can I do to keep the house? Do you think the mortgage company will work with me & my wife to help us stay in the house?
answered on Jul 15, 2020
You should be able to keep the home with certain conditions if you file a chapter 13. I suggest you speak with a bankruptcy attorney to properly advise you in your unique situation.
We’ve been residing in the US for the past 5 years, and now unexpectedly the company, most likely will declare chapter 7 bankruptcy. Can we still file for immigration?
I received a letter from a collection agency claiming that they are the owner of an old debt and due to the time that passed they can't sue for the balance of $18K but would like to settle for $3.8K.
What should I do?
answered on May 25, 2020
Talk to a lawyer. If the time for filing (statute of limitations) has passed, they can’t collect from you at all. Don’t do anything until you talk to a lawyer.
The ch.7 was discharged two years ago and wasnt reaffirmed. I want to do a deed in lieu of foreclosure to get the lien out of my name. Will the deed in lieu be on my credit report if the house was included in the ch. 7, discharged two years ago and never reaffirmed?
answered on May 21, 2020
If you discharged the mortgage obligation in a Chapter 7, you are no longer personally liable on the debt; however, the lien of the mortgage remains on the property. You do not have to do anything in this scenario. Many debtors discharge their personal liability on a mortgage load but continue to... View More 
Even if they have a clause in the contract that says otherwise?
answered on Feb 5, 2020
You need to file the chapter 7 ASAP to stop the farm. You can only recover monies taken AFTER the filing. Those taken before filing are lost.
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
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