It is likely that he cannot discharged that debt if it is part of a domestic support obligation from your divorce. Check with an experienced bankruptcy attorney near you and see if you can’t force him to pay it.
If it is a Chapter 11 reorganization, most employees should be safe and keep their job and most benefits. If it is a Chapter 7 liquidation, then you need to contact a local bankruptcy attoney to discuss your options.
Creditors should stop calling you within a week of the filing of the bankruptcy. If they do not stop, just give them your bankruptcy case filing number as well as the name of your attorney and his or her phone number
Depending on the terms of the auto contract you may very well be liable. It also depends on whether your cousin gives the car back to the creditor or decides to keep it and pay the loan.Read the contract carefully and it will address the default of the loan and what happens. Talk with a bankruptcy...Read more »
I have debt that exceeds $25,000.00, most of which is now in collections, with some headed to small claims court. I am also in the process of filing for a mortgage modification as I am 3 months behind in my mortgage. Should I wait until the modification is completed prior to filing bankruptcy or... Read more »
You can probably do a loan modification in conjunction with the Bankruptcy. Most Bankruptcy Courts have a Loss Mitigation Program which does exactly that. Check with Counsel in your jurisdiction, and you should be fine
The federal bankruptcy laws provide for exemptions. Certain property and equity in property can be protected. You should consult with an experienced local bankruptcy attorney to discuss this. You need to disclose all of your assets, debts and income. Good luck.
Congratulations you are almost done. Yes, you can file the motion on your own. You need to have completed an approved financial management course and filed the certificate before you file the motion for discharge. You should check the local rules for what is required. Your Chapter 13 Trustee...Read more »
Private student loans may be dischargeable if certain criteria are met. The debtor must file an adversary proceeding against their creditor and meet the standards in what is called the Brunner Test. In Brunner v. NewYork State Higher Education Services Corp No. 41, Docket 87-5013 outlines the...Read more »
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.