Not unless they are more than three years old and the returns have been filed.

Yes. The children raise your household income allowance as dependents and help you with the means test. Claim everyone sent you have in calculating the means test for household family size, income and average.

No. All debts must be listed, although you can always choose to reaffirm (keep) the debt in question.

To protect personal and real property from being seized by the bankruptcy trustee and sold to pay creditors, the debtor must apply one of several exemptions available. Maryland's wild card exemption allows bankruptcy 7 debtors to exempt up to $6,000 in cash or other property AND up to $5,000... View More

You need to have a job or other income to be able to repay at least a percentage of your debt to your creditors. Chapter 13 is generally used when you have property you might otherwise lose in a Chapter 7.

One option would be to see if you should refinance your house. Only do this if it makes sense financially. Don't do it just to get a mortgage company to report payment to a credit bureau.

To answer your question I would need some more details on the letter and what legal proceeding have taken place. Your reference to a the bankruptcy makes me suspect the property may be one that you owned and now has gone to foreclosure. You may want to do a search and see if an eviction has been... View More

Your father will have to list this account as an asset in his case. The question is how can he protect this asset with exemptions he has to protect assets. If he is filing a Chapter 7 bankruptcy the Trustee can take the nonexempt assets to distribute among the creditors. If he transfers an the... View More

Until you turn them over.

Unless you are in the arrears on your mortgage, your home will not be effected by filing bankruptcy. Prior to filing bankruptcy however, it is essential that you speak with an attorney to ensure you are able to adequately protect any equity in your home from creditors. In Maryland, homeowners are... View More

Hmmm. I'm thinking intentional acts to hide income from a Bankruptcy Trustee...might be what is known as Bankruptcy Fraud! Have you checked to see if the settlement is exempt? Never hide any income from the Trustee.

Depending on what other assets she has, she may be able to exempt some of it. The bankruptcy petition asks whether she anticipates receiving money, so if she answered no to that, it may be an issue if she wasn't being truthful. The trustee may demand that she turn over this money. Best thing... View More

Assuming the 3 year SOL applies to your debt, the 3 years starts to run from the later of: date you first breached the agreement to pay (defaulted); the date you last made a payment on the debt; or the date you last acknowledged that you owed the debt. Suit must be filed before the SOL expires to... View More

Possibly, but you also have a limited time to object to the garnishment of your account and assert your statutory exemptions from attachment. You may be able to release all your funds. Just one such exemption, D.C. Code 15-501 (a)(3), provides that you may exempt up to $8,925.00 of any property... View More

Sure. You can use the Pacer case locator at pacer.gov.

No. Bankruptcy is civil and has no impact on criminal cases.

The original judgment may have been $6,600, but it’s been accruing 10% postjudgmemt interest annually since then, meaning it’s probably doubled by now. If the judgment creditor has never tried to collect on the judgment, you might let sleeping dogs lie, at least until 12 years have gone by... View More

Yes, that is one of the main benefits of a bankruptcy filing. What is called the "automatic stay" goes into effect when your case is filed and it acts as an injunction against any contact with you by a creditor in most cases. Talk with a lawyer and see if bankruptcy would be a good option... View More

If the settlement agreement was entered as an order, or otherwise approved by the court, send the finance company the divorce settlement and see what they say.

Information provided for informational purposes only and should not be taken as legal advice.

I think your idea to contact the trustee first and ask them how they want to handle it is appropriate, and makes sense before you do a lot of work reopening the case.

Information provided for informational purposes only and should not be taken as legal advice.