Get free answers to your Bankruptcy legal questions from lawyers in your area.
It is a civil suit filed by a creditor. I am in the process of paying an attorney to file Chapter 13 BK but have not completed the total amount the attorney needs in order to file the bankruptcy. I am around $300 short of the $1815 needed according to my contract. The law firm will not serve as my... View More 
answered on Oct 8, 2018
“If I borrowed money from a relative/friend can the law firm file and obtain a bankruptcy case number by Oct 11, 2018?”
***You should ask the bankruptcy firm you’ve hired for your Chapter 13 case whether they can do this for you.
“[C]ould the Legal Aid Society assist me at... View More
answered on Oct 2, 2018
The quickest way is the same way it is for everyone: pay your bills on time. Immediately after bankruptcy, you will likely be inundated with credit card and other financing offers, all of which can help you build up your credit, or lead you back to bankruptcy. Choose carefully.
Ex-Husband and I divorced in 2007 and divorce decree stated that I got the house and would assume the mortgage payments. The deed was transferred to my name. The mortgage was in his name only and he had taken out an $11,000 2nd mortgage against it in 2004. The first mortgage is not in default as I... View More
answered on Sep 22, 2018
Although bankruptcy discharged your ex-husband’s personal liability for the 2nd mortgage, it would not have gotten rid of the lien. Yes, the scenario is possible. You would also need to pay the 2nd mortgage to avoid foreclosure on the lien.
A state court judgment wouldn’t have the... View More
answered on Sep 19, 2018
There's no legal requirement. This is an ethical or relationship question.
answered on Sep 4, 2018
A chapter 7 bankruptcy does not discharge secured debts, which is what a mortgage is. If you weren't paying your mortgage, then they can foreclose.
answered on Sep 4, 2018
They are entitled to possession of the property whenever they choose. You can’t be made to pay any money, but you can be required to leave.
I live in michigan.
answered on Sep 2, 2018
Default under a mortgage gives the lender the right to foreclose. The lender will file a motion for relief from the bankruptcy stay, and then they can go forward with the foreclosure. How long this takes before they do this depends on the lender.
As always, this is an answer to a... View More
answered on Aug 24, 2018
Yes, with proper authority, such as a power of attorney or a court order appointing you as guardian (or perhaps conservator).
Are there any suggestions on legal help for a person who has a very solid wrongful termination case, but is in the process of chapter 7 bankruptcy at the time of termination?
answered on Aug 9, 2018
Not much if it is a total liquidation case. Depending on the circumstances, it may be non-dischargeable in bankruptcy.
Is this contract valid after bankruptcy court discharged this debt?
answered on Aug 3, 2018
Yes, if they signed it post petition and received consideration for it.
a purebred cat that I paid over $10000 for but I don't want her to be considered an asset.
answered on Jul 25, 2018
Yes. If it’s property under non-bankrtcy law, it’s generally property of the estate under bankruptcy law. The issue becomes whether there’s an applicable exemption. The answer with respect to a cat is probably not other than under 11 USC 522(d)(5). Ask an attorney for the details.
answered on Jul 23, 2018
Chapter 7 filings must be 8 years apart in order to receive a discharge. You count filing date to filing date. You can file a chapter 13 and receive a discharge in that case if it has been 4 years from the prior chapter 7 filing. Again, filing date to filing date. See a bankruptcy lawyer near you... View More
foreclosed on?
answered on Jul 9, 2018
Possibly. Probably yes in the short term, and perhaps completely in the long term. The answer to this question requires a review by a qualified attorney of your complete situation. Look for an attorney experienced in personal bankruptcy.
answered on Jun 26, 2018
Keep your vehicle if you are current or can get current quickly. Same on your house. Keep thousands of dollars of other stuff.
Also my debt is unsecured and in my name only. The mortgage is in his name but not mine. I don't want this to affect him or his house
answered on Jun 11, 2018
Your question is complicated. In a Chapter 7 case, a Trustee is appointed. The Trustee's purpose is to sell any of your assets that he/she can, including a house or land. Whether or not the Trustee can sell your property is a complicated legal question. It cannot be answered without a... View More
circumstances?
answered on Jun 11, 2018
No. An Emergency Bankruptcy refers to the quick filing of the case to stop a foreclosure or other imminent creditor actions. The documents that are filed in and emergency case are very minimal, only the bare minimum of documents and information is filed, just enough to start the bankruptcy case... View More
answered on May 30, 2018
If you file a chapter 7 or chapter 13, you are required to appear for the meeting of creditors also known as a 341A meeting.
answered on May 14, 2018
Next step: go to www.pacer.gov and perform a search for the case or case number. Your question does not provide enough information for me to be more specific about the first steps. Once you find the case, you need to look at schedule D, E or F to see if your company is listed as a creditor.
our assets?
answered on May 11, 2018
It likely will not affect the division of assets, depending on what chapter of the code he is filing under. The bright side is, if he eliminates all his debt, he has more money available to pay you maintenance and child support.
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