Fines, penalties, and costs that were ordered as part of his criminal sentence would not be dischargeable. However, if this cost is to reimburse the jail for his lodging and food costs while he was there, that could be dischargeable, because it's like rent and an ordinary contract claim. You...Read more »
Generally, no. Property of the your bankruptcy estate does not include any power that the debtor (you) may exercise solely for the benefit of [a person] other than [yourself], i.e. your child. See 11 U.S.C. 541(b)(1). Under Michigan law the funds in the UGMA account belong to your children, not...Read more »
I just received a judgement against me for an outstanding auto loan that my ex husband was suppose to take care of per our divorce decree. I financially cannot afford to pay for this with my current car payment and other bills I have. I have been told that I could file bankruptcy for this but my... Read more »
No, when you file bankruptcy you have to list all of your debts. However, the damage to your credit from bankruptcy is only temporary. If you pay your bills on time after you get a bankruptcy discharge, your credit score will probably go back up again relatively quickly, because your debt ratio...Read more »
Creditors would not be able to go after the house owned by spouses as tenants by the entireties, unless both spouses were liable on the debt. But note, in a bankruptcy it would be the bankruptcy trustee, not creditors, that might do this.
As always, you get what you pay for. Be sure to...Read more »
My wife and I are planning to divorce. The problem is that neither of us can afford to live alone and our debts are so intertwined between us (both names on everything) that splitting it would be impossible. We're considering a bankruptcy to simplify the process. I believe we make too much to... Read more »
Their may be an advantage to filing before a divorce, but your situation is too complicated and/or the facts too sparse for an attorney to advise you in an on-line discussion so I don't want to go into detail. You should consult with an attorney who handles bankruptcies.
In process of filing. The original loan was consolidated with other loans at the same bank. So seeing I'm still filing and its finalized yet, I didnt know if I could just sell the car for whatever amount, seeing i still owe the debt for it and that's what I'm filing on?
Get rid of the car. The title now belongs to the lending company. List the original lender, the seller of the car and the company that all previous liens were consolidated with and BE FREE of this lousy car!
For purposes of the Chapter 7 means test, Social Security benefits are not income. But for purposes of Chapter 13 disposable income, yes, Social Security benefits are counted as income from which your allowable expenses are subtracted to arrive at disposable income in Michigan. In some other...Read more »
My house was foreclosed on in 2009. The mortgage was paid off, but there was a small 2nd line attached to the mortgage (that I didn't know about), that wasn't and I was served with papers, fall 2018. Went to pre-trial in Dec, judge told us to work it out (reasonably). The collection company is... Read more »
No one can answer this question for you, or suggest an answer for you, without sitting down with you to talk specifics about all the things you mentioned in your question. You should call a bankruptcy lawyer and ask to set up a consultation.
First, pull a copy of your credit report. You can get a free copy of your credit reports from the 3 major Credit Reporting Agencies (Experian, Transunion, and Equifax) from the site http://annualcreditreport.com. This will give you an ideas of any debts that are being...Read more »
Yes. When you file bankruptcy you are supposed to list all of your debts, regardless of whether you want to “include” them in your bankruptcy or not. Payday loans are usually unsecured loans, and would be able to be discharged along with your other general unsecured debts. You’ll need to file...Read more »
I took over payments on my parents house, and they added me to their mortgage in February of 2017. I paid their payments (to them and then they paid their mortgage) for a year. In February 2018 they signed a quit claim deed and I refinanced the house to remove their names and have the loan in my... Read more »
Trustee’s gonna trustee. Based on what you said, you bought a house from your parents for $13,000 less than it was worth in February 2018. If they were insolvent at the time, that could be a voidable transfer, and the trustee could file an adversary case to set aside the quit claim deed they gave...Read more »
You can file a Notice of Conversion with the court and pay a conversion fee. However, keep in mind that you must still qualify for Chapter 7 bankruptcy in order to complete your case and receive a discharge. There are more steps than are listed here. It would probably be best for you to work with...Read more »
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