Get free answers to your Bankruptcy legal questions from lawyers in your area.
My mom is the cosigner. Do I have to turn the car in or can I continue to pay the payments under my mom and keep the car?
answered on Jan 10, 2018
You have various options in bankruptcy with regards to the vehicle - reaffirmation, redemption, surrender. However, as long as you continue making payments, the bank is unlikely to repossess your car, so you might not need any of the previously mentioned options. If you have a bankruptcy attorney,... View More
answered on Jan 2, 2018
Chapter 7 will get rid of most debts. It will not remove most taxes, student loans, alimony and child support. See a bankruptcy lawyer near you to determine if bankruptcy would be a good option for you. Hope it works out. Good luck!
I represented myself. Do i need to contact the collection agency?
answered on Dec 14, 2017
Some creditors have a process in place to automatically send back any garnishment taken after you filed bankruptcy. However, not all do. You (or your attorney) need to contact the collection agency.
Information provided for informational purposes only and should not be taken as legal advice.
answered on Dec 6, 2017
Filing fee is 335, plus any additional fees counsel charges for credit counseling, credit import and general counsel fees
answered on Nov 21, 2017
If someone borrowed money for a car and put up the car as collateral then the lender may have rights to repossess the car, wherever located, and it is unlikely that keeping a vehicle at a college campus will keep it out of the grasp of repossession. The limits of what a repossessor can do without... View More
Is it worth going bankrupt with my credit score still being decent? If they are granted the judgement, and I cannot pay, then what? I have no substantial assets other than a small IRA. My total cash is just a couple thousand and I own my car. I am self-employed and make little enough that I qualify... View More
answered on Nov 21, 2017
Maryland law offers exemptions from collection so that a modest amount of property can be exempt from a judgment creditor's reach. Note, however, that the exemption is not automatic and must be timely made/requested by the judgment debtor.
Someone facing collection has several options.... View More
But, the motion for a complaint was filed before the statute of limitations date. So the statute expires before the actual court date but after the lawyer filed the complaint. Will I be able to use the statue of limitations as a defense in court, since it will have passed by the time we go to court... View More
answered on Nov 17, 2017
No Statute of Limitation is a defense only for the filing of the Complaint.
answered on Oct 8, 2017
Your question does not contain enough information. Contact a local bankruptcy attorney and schedule a consultation. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
answered on Sep 15, 2017
You have to list all debts you have in your bankruptcy schedules. You can agree to reaffirm certain debts if you wish and the creditor agrees. This means you would be responsible for the debt and would not get rid of it in bankruptcy along with all your other debts. Talk with a bankruptcy lawyer in... View More
answered on Sep 6, 2017
Possibly, it depends on the type of debts that you have, and could also depend on when you incurred them. An experienced bankruptcy attorney in your area can review your debts with you to determine which debts can be discharged in bankruptcy.
She also has a MD state tax debt as well.
answered on Sep 6, 2017
Potentially yes, but this can be complex as there are more factors involved than what you included. You should see an experienced bankruptcy attorney in your area. You may need to obtain the tax transcripts for any years that taxes are owed for your attorney to analyze it.
I understand I may be able to receive a refund from the garnishor of the wages garnished going back 90 days prior to the filing date (Jan/Feb - April)
answered on Jul 25, 2017
I recommend waiting until the trustee files a no asset report. When that is filed you are free to pursue the garnishment money. You might try a request to the creditor before filing an official motion. Remember it must be more than $600 dollars garnished by a single creditor to use 11 USC 547. Hope... View More
answered on Jul 20, 2017
Short answer no you cannot get rid of child support in bankruptcy. You may be able to pay back arrears in a chapter 13 plan if you qualify. See a bankruptcy lawyer in your area to see what your options are. Good luck!
my concern is can it be taken by the trustee. I will own it out right, no car payments.
answered on Jun 27, 2017
The bankruptcy trustee would not be looking at a car you purchased after you filed the bankruptcy case. It would not be property of the bankruptcy estate which is everything you have before you filed the chapter 7. There are exceptions to this rule but they do not involve a vehicle purchase. Good... View More
I filed bankruptcy and I wanted to affirm my car but they put in my bankruptcy anyways but I still kept the car made my payment on time now my car is totaled and I still have a lien on it is the bank entitled to the funds because they took a lost in the first place or will the car just be paid off... View More
answered on Jun 8, 2017
When you file bankruptcy you must list all of your debts even those you intend to keep paying for your such as your car. The car lender is a secured creditor and their lien survives the bankruptcy. If you signed a reaffirmation agreement which was filed with the Court, you have reestablished your... View More
bankruptcy on my record?
answered on May 26, 2017
While the bankruptcy code prevents discrimination regarding this situation , it would be very difficult to prove.
Filed ch7 in Maryland (April 2016) and surrendered the house (did not reaffirm). We were discharged Oct 2016. Mortgage company has now offered a loan modification but is not requiring a reaffirmation. Loan modification paperwork states: "If Borrower(s) received a discharge in a Chapter 7... View More
answered on May 22, 2017
That doesn't sound sensible. It is "too good to be true," and when things sound too good to be true they usually aren't. You'd be foolish to sign that without having it reviewed in total with a competent lawyer. It is quite easy to reaffirm a debt in bankruptcy, and it is... View More
Have at least 3 credit cards I owe on. I had to quit paying on 2 of them about 2 years ago because of some financial strain. I have continued to pay on one and am finally down to owing $400 and some change. One of the other is 10 thousand something and the other I believe is $2thousand or less. I... View More
answered on Mar 27, 2017
You should contact a local bankruptcy attorney and schedule a consultation before you make any payments on the two older debts. If the statute of limitations has run you will be in a stronger position to negotiate a settlement. If the statute of limitations has not run making a payment may alert... View More
answered on Mar 18, 2017
Many people file bankruptcy and have full-time jobs. Which chapter of bankruptcy you are eligible to file and which chapter will help you achieve your goals are questions that require more information. Contact a local bankruptcy attorney and schedule a consultation. You can search for an... View More
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