answered on Feb 6, 2023
This is a difficult question to answer without asking you more detailed questions. For example, generally speaking, if you spend $500.00 or less on necessities I would say it is not a problem. If you spent a large amount of money and the trustee feels for some reason that the money was not exempt... Read more »
I'm moving and car is in a off street parking spot.I can't take car with me due to a blown motor,and being unregistered.What do I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2022
Attorney Winterstein is right. Im assuming you received a discharge of this debt. Alert the lender in writing as to the whereabouts of the vehicle and do send the keys to the lender and document everything you do.
I'm moving and car is in a off street parking spot.I can't take car with me due to a blown motor,and being unregistered.What do I do?
answered on Oct 7, 2022
The Bankruptcy Code provides that with any secured claim, the debtor can return the collateral to the lender in full satisfaction of the lender's secured claim. Expect some argument over the current value of the car, as that will be the value of the lender's secured claim (there is some... Read more »
On paper, she is not low-income ($42,000/year) but owes $7K for electric and many other debts. If she foreclosures is she still responsible for the mortgage? (She cannot pay that and rent also.) Would Chapter 11 be a better option for her? Can she rent an apartment after Chapter 11 or will... Read more »
answered on Jul 13, 2022
She needs to consult a competent bankruptcy attorney immediately. She may qualify for chapter 7 or she may need chapter 13. She does not qualify for chapter 11 as that is business reorganization only.
On paper, she is not low-income ($42,000/year) but owes $7K for electric and many other debts. If she foreclosures is she still responsible for the mortgage? (She cannot pay that and rent also.) Would Chapter 11 be a better option for her? Can she rent an apartment after Chapter 11 or will... Read more »
answered on Jul 13, 2022
A Chapter 7 bankruptcy sounds like it may be in her best interest at this time however I can not say this absolutely without a full interview. You can call me or another experienced bankruptcy attorney and they should be able to give you a good solid answer and plan to move forward. A chapter 7... Read more »
I have been unemployed for over a year, and awaiting disability to be approved, and I need to file bankruptcy for credit cards I cannot pay. Are there any free lawyers I could qualify for?
answered on Oct 26, 2022
Try Greater Boston Legal Services. https://www.gbls.org/get-legal-help
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2022
Yes. No matter what the name of the loan or lender is, if it is an unsecured loan and not a kind specified as non-dischargeable (under 11 USC 523), it can be discharged. If a lender "forgives" the loan it could raise tax issues (phantom income).
Can they still come after me
answered on Oct 5, 2021
The main things are that the Creditor was listed and you received your Discharge. Assuming they were listed, the Creditor was on Notice of your Bankrutptcy and was sent Notice of the Hearing and Right to Object or File a Complaint to Determine Dischargeability. The Creditor was also sent a Notice... Read more »
answered on Oct 1, 2021
Utility bills/accounts are handled differently from other debts in bankruptcy. A special section of the Bankruptcy Code, Section 366, applies to utilities.
Many debtors just continue to pay the amounts billed following a bankruptcy filing, so there's never an issue.
The... Read more »
i am now disabled and cannot work. my income now after bankruptcy is 848. a month.
answered on Sep 9, 2021
If you file for chapter 7 bankruptcy you will not be liable for the mortgage payment. However, if the mortgage is not paid the mortgage company will foreclose on the property. If you are asking if you can live in the property and not pay the mortgage the answer is no. If you do not live in the... Read more »
$922/mo, $277/rent, $190/utilities. Extenuating circumstances.
answered on Sep 7, 2021
The attorney's fees can vary greatly depending on where you live, the type of debts that you have, the amount and types of assets and real estate that you own. Based on what you described, the attorney's fees would probably be about $1,200.00 and the court filing fee is $338.00. There... Read more »
The debt isn't on either credit report anymore but it is still showing on the title search that quicken has pulled.
Do you have ant idea how we would fix this in order to complete a refinance
We never filed bankruptcy but probably should have
Thanks
Worcester Massachusetts
answered on Jul 30, 2021
It sounds like this is a second mortgage and is recorded at the registry of deeds. This debt would be secured by your property if that is the case. The only way to be able to refinance is to either pay the debt in full or to try to negotiate a lump sum settlement amount and have the lender remove... Read more »
My family member is mentally ill, and I am also his representative payee. I have provided financial assistance for lodging totaling approximately 10k in smaller amounts over the course of 2 years. The money I had provided went toward keeping him from homelessness. Does this still fall under the... Read more »
answered on Mar 2, 2021
Yes. You still need to disclose this under property held for others question. All of it should be disclosed as a matter of course although it should not have any negative effect on your bankruptcy.
trying to refi lien is still on home
answered on Sep 15, 2020
Talk to your bankruptcy attorney. You may be able to avoid all or part of the lien but much more info is needed to make a determination.
This CH 13 BK and adversary proceeding was handled by an attorney I hired (and who is now deceased). I ONLY started digging into the facts because the opposing attorney brought it up There are strong possibilities that not only was FOTC committed, but also, the judge's order was not complied... Read more »
currently I owe more than $3000 in cash and check, and I need to hire a qualified attorned to represent me.
answered on Apr 27, 2020
Check with the Bar Association in Boston for lawyer's referral for someone near you who can assist.
This place is not used to engage or instruct lawyers.
Good Luck
d
We hired a general contractor to build an addition to our home, and he filed bankruptcy in the middle of the project. We can attempt to obtain money from a state guarantee fund, however in order to file a claim with this fund we need a judgement against the contractor. In order to obtain a... Read more »
answered on Mar 18, 2020
You are really going to need a lawyer to guide you through an adversarial proceeding to attempt to obtain a judgment. Consult a competent bankruptcy attorney to discuss your options.
I am basically broke, paying child support etc...this is a judgement I am trying to get rid of, they will not settle. Is there an attorney out there that will help with this, I can cover the filing fee's but that's it.
answered on Mar 5, 2020
Check with your local bar association or legal aid society. Each maintains a list of pro bono or reduced fee attorneys who may help you.
Every trial they brought up the most disturbing cases against me. I would either have the proof, which I gave my attorney, who NEVER fought for me, or I would get it right after trial. But NEVER able to defend myself. Me and my lawyer sat quietly the whole time while they badgered me over and... Read more »
answered on Feb 22, 2020
You need to have a new attorney look at your case immediately. There may be several things you can do.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
