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I also have a retirement account with over $25,000 in it. If I file for bankruptcy, will the court view that as an asset?
answered on Jun 2, 2017
It depends on whether or not your Circuit follows the State exemption or federal exemption. If federal, then the retirement account is exempted out with unlimited amount. Check with counsel in your state.
If I don't pay the $273,000. they are going to foreclose and sell my house on June 8th. I went to file a Chapter 13 and the lawyer said I should not file because it looked to him that a $116,000 remortgage loan was not paid off when I remortgaged for $164,000. I filed with the Office of the... View More 
answered on May 22, 2017
This makes no sense if you made payments and didn't borrow more money, but you've said you 'remortgaged' at least twice -- if you kept borrowing more money and didn't pay off the original loans, then yes, it is entirely possible you now owe hundreds of thousands more.... View More
answered on May 16, 2017
No, it will not get rid of child support. You may be able to pay back arreages in a chapter 13 plan. Talk with a bankruptcy lawyer and see if chapter 13 might be an option for you. Good luck!
answered on Apr 28, 2017
One person can generally successfully maintain only one case at a time. I won't go into the hypothetical possibility of multiple cases involving one person. An individual could file and if he conducted business as a sole propreitor, it would be both a personal and a business bankruptcy.... View More
My chapter 7 no asset case was discharged 4/25/2017. But an attorney's office who I did personally notify about the impending bankruptcy filing, sued and got a judgment after I filed. The creditor they represented was listed in the bankruptcy filing, as was the pending lawsuit case number.... View More
answered on Apr 27, 2017
Yes, it appears from your statement of fact that a violation of the discharge injunction occurred. Definitely, get with your attorney and they may wish to pursue this before the Court. If you did not have an attorney, you may wish to hire one now for this issue as it would be very difficult for... View More
answered on Apr 6, 2017
It sounds as though your question inquires into your ability, as a chapter 7 debtor, to claim an exemption in a motor vehicle which has been rendered inoperable by impact. The answer will depend upon whether, in this bankruptcy case or hypothetical bankruptcy case, the "totaled vehicle"... View More
answered on Apr 4, 2017
Yes, there are several reasons. A person doesn't qualify because of income. Another reason would be to stop a foreclosure on the debtor's home.. Still another reason would be that the debtor has property not fully covered by the bankruptcy exemptions. There are some people that want to... View More
My boyfriend's dad just file for chapter 7 last week. He saying that they have to moved out of there house and have to 2 other children. He is disable and get ssdi. He didn't co-sign a loan about 5 years old for land and it was in his name and my boyfriend name but last year he sign it to... View More
answered on Mar 16, 2017
Although the bankruptcy-specific homestead exemption under Michigan law is larger if there is a disabled person in the household, the answer is yes, your boyfriend's dad could lose his home. You have not furnished enough information to evaluate the situation.
I am neither discharged or dismissed but have been making payments to the trustee for a year. Court date is the end of this month.
I want to talk to my mortgage company myself.
answered on Mar 8, 2017
The short answer is that you are free to communicate with your creditors. Due to concerns on the part of the mortgage company they might want your attorney's "permission" to speak to you.
answered on Mar 3, 2017
Basically, no. Your spouse is a separate person. However, the spouse's income may be considered in determining whether you are entitled to relief or how much you must pay in a chapter 13. The spouse does not have to sign the petition, but his or her information might need to be disclosed.... View More
They already had a lien on it and the IRS said they are sending it to the trustee if it is excempt can I get my money back
answered on Mar 2, 2017
Yes, I don't understand your comment regarding the lien, but if the IRS sends it to the trustee, you can exempt it assuming that you claimed the federal exemptions and have a (d)(5) exemption available.
i advise my attorney back in Oct. Im having finiacial difficultys and my identiy has been stolen could not do income taxes until it was cleared this i was going to use to get caught up i can not afford to lose my home again and my auto please help
answered on Feb 7, 2017
16 years in bankruptcy is a long time. Why someone would steal your identity while you are in bankruptcy seems to go against common sense. You need to contact your attorney immediately about filing a motion to modify if you want to try to save your current case. You can search for an attorney... View More
answered on Dec 9, 2016
Yes by filing an adversarial proceeding is n the bankruptcy court.
passed away so it could be used for unpaid debts, funeral cost etc after she passes and doesn't have to go through probate. I have heard that my creditors will be able to take that stock money because my name is on it as a joint tenant. Should/can I get my name taken off the stock, or is there... View More
answered on Sep 28, 2016
Do not take your name off the stocks. Removing your name may cause the trustee to act. Depending upon the amount you can use your wildcard exemption to protect the stocks.
answered on Sep 28, 2016
No. you should retain a competent bankruptcy attorney that agrees as part of the representation the attorney will field your calls. Then when a creditor calls you simply state that I am represented by an attorney. The attorney is handling my financial affairs please call the attorney at ________.... View More
answered on Jul 30, 2016
Yes. In my practice after medical bills, credit card debt, including judgements by credit card companies, are among the main reasons for filing bankruptcy.
my name looks like a sticky tab over something else( because I have a copy), the case number is wrote in, and the spot where the court clerk is to sign its empty and also is the boxed that's labeled issued (that's next to the summons expires). Also the bottom where it says signature of... View More
answered on Jul 12, 2016
Bring the Summons and Complaint to the court that issued it and asked the clerk if the documents are from an existing file.
answered on Jul 6, 2016
In a criminal case where there is a possibility of jail time, the court, if you are indigent, will provide for you a lawyer.
My husband ran up some bills and we cannot pay them. Our interest rates are around 25%. I would like to get rid of these debts and start over. I am not sure which chapter of bankruptcy to find.
answered on Jun 23, 2016
My general rule of thumb is that if you qualify for a chapter 7 and there are no negative effects in your filing a chapter 7 then you should file a chapter 7. The filing of a chapter 13 bankruptcy is sometimes required. A person that has previously filed a chapter 7 within the previous 8 years can... View More
answered on May 25, 2016
You can file a chapter 7 bankruptcy without filing income taxes for the last two years if you were not required to file. For example, your income placed you below the threshold for filing. If you are required to file then I suggest that you find a cheap service and file. Failure to provide... View More
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