An automatic stay to prevent a property from going to foreclosure will remain in effect until the bankruptcy court lifts the stay. If a debtor follows the bankruptcy protocal on a chapter 13 plan, the stay remains in force. There is no set time frame for the stay to be removed unless there is non... Read more »
After filing will I get the car back?
One provision of the Bankruptcy Code requires anyone in possession of "property of the estate" to promptly turn over whatever is held to the estate, i.e., to the debtor.
Another provision of the Code requires the debtor to provide "adequate protection" to the holder of a... Read more »
If someone files chapter 13 in 2018 and then converts it to a chapter 7 in 2020, what is the effective date for considering if a debt is part of the filing? The June 2018 filing dates or any debts created all the way until the convertion date of Nov, 2020?
Yes.
I actually sold it to my brother in law,the time of the band I was driving back from Florida my ex wife at the time ,made the police report,I added my rifle the next day
What is the question?
I’m not sure what you mean by a civil subpoena for a debt, but a judgment issued by in New York court is enforceable in any of the states. The United States Constitution requires that a stake in full faith and credit to judgment rendered in another state. That means that a judgment issued by a... Read more »
Last year I was my wages started getting garnished- immediately after getting back to work after a layoff. My plant kept sending us home because of reported COVID cases so we looked into a bankruptcy attorney to stop drowning in case it got any worse.
My plant was talking about another... Read more »
You cannot remove the fact that you filed a chapter 13 bankruptcy from your credit report. You filed the chapter 13 - it happened, it's a fact. You can't "unring the bell" and change the facts at this point.
A credit reporting agency has no obligation to remove or... Read more »
My chapter 13 In Michigan tax refund portion is silent. Will I get a refund? If so how much am I an entitled to keep if this is silent. I really wouldn’t mind them keeping it if it paid my case off faster but this pandemic has put me out of work and I need all of my refund or pretty close to it.... Read more »
Your Plan (whether before confirmation or thereafter) can be modified.
Your Plan commonly identifies the source of your funds, current and in the future, that will be used to make payments to the Plan, and routinely, that source is your current and future earnings.
It is at least... Read more »
Went to baker college of clinton township, they told me 2 years and 20,000 and said that would find a job for me
didnt even start on my degree until a year and a half and i got a bill from them saying i have to pay 27,000 dollars or get in trouble, it was just lies after lies from them
Cannot even comment without a lot more information.
I explained they were not separate checks. I have given my tax returns each year of the bankruptcy. To the trustee and lawyer. Why now would the lawyer want pay statements reflecting bonuses? I am current on all payments, it comes directly from my company to trustee. Just confused since it was... Read more »
In our District, the Court and the Chapter 13 Trustee require that the debtor pay a portion of all bonuses received into their Chapter 13 Plan. Bonuses are additional income and the debtor is required to use his or her "best efforts" to fund the Chapter 13 Plan and pay a meaningful... Read more »
Not enough information. Is the case pre 341, post 341, pre-confirmation or post confirmation?
We are in Michigan. We have the opportunity to make it right with our mortgage to keep home, especially since we own the mobile home and rent the lot. Would also any remaining funds that haven't been distributed being held by trustee be sent back? Our monthly amount is deducted right from our... Read more »
Yes. You can always convert from 7 to 13 or from 13 to 7.
Husband had a 457b with mandatory contributions. Is leaving that job to another firefighter job that has a 345 pension. We will be getting the money that he contributed into the 457b. Are we able to pay off things? Or end the ch 13 if we chose?
I cannot speak definitively as to what happens in Michigan since I am not licensed in that State. However, I will assume that it is likely similar to the way that we handle these matters in Missouri. You wrote that you "will be getting the money" that your husband contributed to his 457b... Read more »
fell behind on lot rent. what is a reasonable time to catch it up before a lift on stay is requested? we live in michigan.
You put the arrearages into the plan and you have two years to repay them.
I am currently not working and have not for the last 2 years due to an auto accident injury and am actively seeking social security disability at the moment
The issue is whether the claim, or the money you received or will receive, can be claimed as exempt in the bankruptcy case. Another relevant consideration is the chapter of your bankruptcy case. In chapter 13, for example, the trustee does not always take control of non-exempt assets. You need... Read more »
I understand you have to prove undue hardship in order to bankrupt student loans. I need to go back to college and I'm not able to do so with the defaulted student loans. Thank you!
It is difficult if not impossible for a lawyer to say what a bank or other financial institution might do down the road. There is a new line of case analysis arising from a decision by the bankruptcy court in Poughkeepsie which has changed the terrain for analyzing student loan defaults and... Read more »
I understand you have to prove undue hardship to file on student loans, but is it possible to file on DEFAULTED student loans?
Yes, defaulted student loans are usually the ones people would want help with in bankruptcy. To get a discharge for student loans in bankruptcy, you generally need to file an adversary proceeding where you can prove undue hardship, just as you said in your question. Whether a student loan is in... Read more »
In 2009, my neighbor filed for Chapter 7 bankruptcy and kept her house with two mortgages, 100k+ and 25k. Her personal obligation for the second mortgage was discharged. A loan modification of the second mortgage in 2015 adjusted the principle, term, and interest rate. In late 2017, my... Read more »
If the borrower on the second mortgage loan received a discharge in bankruptcy, and did not reaffirm the debt, that borrower no longer has personal liability, and cannot be pursued for the loan, whether or not the amount owed is a "deficiency."
There are some assumptions in your... Read more »
I have made all of my payments, in fact I have made 63 payments in a 5 yr plan they started taking payments on my filing date, since my plan will be done 4/28/20, do I still have to give up the 2020 stimulus, I have not received yet and not sure when I will receive it. I have read all of the... Read more »
If you meet all the other requirements, you should receive your stimulus check without interference from the trustee.
I received a pre discharge notice regarding my Chapter 13 bankruptcy case and it spoke about the form listed above. Is this something I have to complete or is it not required? I don't want to miss anything that could prevent my case from discharging. I pulled up the dorm and it does not have... Read more »
Check with your bankruptcy attorney but you should not have to take any action nor should it hold up your discharge.
I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?
Edit:... Read more »
No. A creditor receives up to 25% of your gross income by wage garnishment. This is taken from each check. By increasing our withholdings, you would not impact the amount taken, and would reduce your takehome income even further. You should consider setting up a payment plan and consulting... 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.
