Get free answers to your Bankruptcy legal questions from lawyers in your area.
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
I live in Hagerstown, MD. Mom was sent to the facility after a stay in the hospital. We all thought she had a nice size portfolio, but in her diminished mental capacity over the last few years, (she doesn't have Alzheimer's, it's due to old age according to a neurologist) she went... View More
answered on Jan 24, 2017
If your name is on the contract as a guarantor then you are liable for the obligation.
Can I file for bankruptcy to get out from under this debt and some old credit card debt?
answered on Oct 16, 2016
Consult with bankruptcy counsel. Usually getting payday loans is a real bad idea because they typically carry interest rates that are way too high - sometimes more than 200%. Bankruptcy may well be a viable option.
answered on Sep 30, 2016
Do you mean post Chapter 7 filing or post Chapter 7 discharge and case closed. While the Chapter 7 is open, you need to file a motion and obtain relief from the automatic stay before acting. The property is property of the bankruptcy estate and although the debtor has custody, it is the trustee who... View More
answered on Sep 29, 2016
You don't really provide enough information for a lawyer to answer this. When were the IRS lien and judgment entered compared to the date the bankruptcy petition was filed? I assume the lien and judgment were pre-bankruptcy? What is the lien on? Real estate, tangible personal property? When I... View More
answered on Sep 29, 2016
Yes. All that is required is that you be insolvent. Just because you have no assets does not mean there are no assets recoverable from third parties due to fraudulent conveyances or preferential payments to individual creditors. This kind of thing occurred when investors were actually paid by... View More
I filed a chapter 7 10/8/2011 and just filed a chapter 13 08/28/2015. what happens to my debt after my three year payment plan? Does it still count as four years even though it was before October.
answered on Sep 14, 2015
The payment plan is usually extended to 5 years. The remaining debt is discharged, basically. You probably would be best served by speaking with a local bankruptcy attorney.
answered on Sep 13, 2015
If you file a petition for relief under the bankruptcy code, you must list all creditors. Your question does not tell us what you want to do about the house mortgage.
If you want to walk away from the house and not owe the the debt, then you can discharge the debt which is secured by your... View More
answered on Sep 10, 2015
Do you mean reaffirmation instead of ratification? What did you indicate on the schedule of intentions?
I (and two colleagues) have been contract employees of a Maryland-based corporation that is on the verge of bankruptcy. How can we find out our rights as creditors? The three of us are located in different states - Florida, Illinois and Texas.
answered on Aug 11, 2015
Get to a local law library and find a treatise on corporate bankruptcy. But really, what you need to learn is how to file a claim properly.
landlord filed for judgment in my case for $500 on oct 1. After receiving the judgment I filed for bankruptcy on oct 15. On Nov 3 there was a motion that was filed and the case was heard again. The judge amended the amount due for the judgment from Oct 1 to $1000. The $1000 amount includes Nov... View More
answered on Nov 20, 2014
Did you file your own bankruptcy case? If not then you need to have your bankruptcy attorney handle this issue. If you did file your own case you are now seeing why is it usually not a good idea to represent yourself.
I just recently won my accident case, and was awarded $40,000 by a jury. However, due to the accident, I was partially disabled and not able to work for 2 years. If I filed bankruptcy, and received the award, am I entitled to all or part of the award? Or, do I forfeit all funds?
answered on Jan 30, 2014
Any causes of action arising prior to the filing of a Bky case must be listed in the Petition. There is a strong possibility that the Trustee would take the case away from you, along with any award.
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