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answered on Mar 2, 2019
Hi, well you haven’t quite given us enough information to answer, but I’ll do my best to assist. Federal Bankruptcy Rule 7012 tells you that what to do if you happen to be sued while in the umbrella of bankruptcy. Many different kinds of claims may be heard inside bankruptcy. If you get sued or... View More 
I took out a heloc from my bank, it became due and they sold my loan to a lawyer. I called him, and asked him what i needed to do to get my loan up to date. He said he would call me back with a number i could pay. I asked him If the amount due was the whole loan, he said no. 3 weeks went by... View More
answered on Feb 1, 2019
Don’t sign the deed without discussing with your lawyer. You can put your arrearages into the plan and pay them off in two years. Find the money for your lawyer bc you can’t afford to lose your house.
I was informed my vehicle was going to be exempt (I have no other assets), and if I wanted to sell it to pay the attorney fees, I could. At the time I couldn’t sell it, so I asked if I could use their other method and if I sold the car after filing, if it was ok to pay it in early in the lump... View More
answered on Jan 7, 2019
You probably are ok but you really needed the courts permission to sell after filing. As long as the value and equity is covered by your exemption, you should be ok Dutt do not sell any other property of the estate without authorization.
We filed a chapter 13 back on 10-15-18. Previous to this, we made a rather large payment to one of our creditors in the amount of $1600. The creditor is saying we can't get this payment back because of some bankruptcy code, however, our attorney told us as long as the payment was over $600 and... View More
answered on Dec 8, 2018
The Trustee will recover the payment as a preference but it will likely remain with the trustee unless the plan is 100% repayment.
He is currently in a payment agreement with his attorney
My house was sold at a sheriff sale and the redemption period was almost up when I filed chapter 13 bankruptcy which gave me 60 additional days for redemption. I had several buyers but one signed a purchase agreement and was preapproved with a VA loan, however the VA or company selling the house... View More
answered on Oct 7, 2018
Yes. But you should consult your own attorney before you do anything.
Representing myself. Her lawyer wants me to pay for his fees, can he do that? Finally, can this be discharged in Chapter 7 Bankruptcy? Is it better during divorce or after divorce?
answered on Sep 8, 2018
It’s better to discharge all debt before or during bankruptcy bc afterwRds, any debt to spouse is in the nature is a domestic support obligation and cannot likely be discharged.
My construction company in MN fell behind (later to find due to an employee writing fraudulent checks) and was convicted of two counts of felony theft by swindle and one count of nonpayment to subcontractors. Prior to these convictions I filed bankruptcy and included both home owners and... View More
Husband charged up card in my name. No big deal til he quit paying. I cannot afford the huge payment. I want to file for divorce due to emotional,financial and verbal abuse. 3 kids stuck in the middle of this big mess. Summons showed up from the people who bought the debt. Tried to settle but they... View More
answered on Aug 10, 2018
Bankruptcy first, then divorce. Bankruptcy will be over in 90 days.
They are offering a one time option of cashing out. $100,000 or monthly payouts of $500. Or rollovers. If I take cash or monthly payments. Do I have to tell them?Will they find out? Do they get any of the money ?
answered on Jul 23, 2018
You can probably protect it with your exemption. What percentage repayment is your plan?
We fell behind on payments because I am trying to get our cc debt paid off, but then our loan payments and mortgage payments fall behind. We’re thinking about filing a Chapter 7, but we’re very worried we won’t be able to keep our house. We have a disabled child and need to stay in a stable... View More
answered on Jun 28, 2018
Whether you can keep the house depends on many factor, including value, amount of mortgage, equity, etc. consult a local bankruptcy attorney who can assess your situation. Taxes more than 3 years old mayb dischatgeble.
Back in 2014 I opened up a card online thinking it was under my name, but I ended up only being an authorized user, where my Mom was the primary account holder.
She has never used the account, only I have. All the debt was my doing on the card. I have always made monthly payments on it,... View More
answered on Aug 7, 2017
While you did not have personal liability on the card as an authorized user you should be fine if you can show that you incurred the charges. While you have to disclose payments made within 1 year before filing bankruptcy on account of a debt that benefited an insider, here you made the charges.... View More
I want to buy a car with those lawsuit winnings (if I win) can I keep the car?
answered on Feb 2, 2017
This question cannot be answered with the limited information available in your question. Contact a local bankruptcy attorney and schedule a consultation. A local bankruptcy attorney will be able to advise you on bankruptcy exemptions. In other words, the amount of property a person is able to... View More
I cannot remember exact time frame, but before we married I did a debt consolidation loan and am trying to pay that off... Almost 5 months into marriage and I have managed dig myself back to where I was before the loan.. I had great credit and now i am ruining it with late payments and such. I... View More
answered on Oct 26, 2015
You have asked this in the Bankruptcy forum which indicates that you are thinking about that. The best thing to do is to consult with a local bankruptcy attorney. Many probably offer free initial consultations. Chapter 7 bankruptcy might be an option for you, or you may be required to file a... View More
answered on Sep 25, 2015
What you must be referring to is known as a discharge. Go to the bankruptcy clerk for that.
I got three summons and behind on bills and going to be kick out of my place to live
answered on Sep 25, 2015
The filing fee for a Chapter 7 bankruptcy case is $335. Depending on your financial circumstances, you may be allowed to pay this fee in installments or receive a waiver. You will also be required to complete credit counseling before filing. The cost varies depending upon the provider, but is... View More
Our Divorce Decree from 10 years ago has my ex owing me 1/2 the equity in the home she lives , as assessed at that time, plus interest, which has come due this year. A few years ago, I let my ex do a refinance without having to pay me back, but in order for them to approve it, they wanted my lien... View More
answered on Aug 16, 2015
If your ex files a chapter 13 case, the chapter 13 trustee does not pursue the collection of a preferential transfer. Instead, the chapter 13 debtor is required to pay the amount that a chapter 7 trustee would be able to pay unsecured creditors had she filed a chapter 7 case and the trustee sued... View More
We are in chapter 13 banctruptcy and have exhausted all options through our lender. They want to get a petition to start foreclosure proceedings. Is there anyway to fight this? We make enough money to pay our mortgage and repay the payments we are behind on but not in a short period of time.
answered on Aug 11, 2015
Are you complying with the terms of your Chapter 13 Plan? In any case, the lender would first have to file, in bankruptcy court, a motion for relief from the automatic stay, and have the motion granted. Has this happened?
My ex husband is responsible for half of the debt incurred during our marriage, however he is now threatening to file for Chapter 7. He has the ability to move the joint debt to a credit card in his name only, but is refusing. I am in the process of buying a new home and selling the home we held... View More
answered on Jul 20, 2015
It sounds like there are two separate issues in play here. First, one spouse being ordered to pay joint debt in a divorce case generally does not relieve the other spouse of the obligation to pay that debt--the divorce court has no power to alter the terms of the contract with the original... View More
I filed bankruptcy in 2010 with my husband & they started the process, reported it to all of my credit cards and had all of the paperwork filled out. After we were about 3/4 way through the process my attorney informed me that my 7 year time frame wasn't up yet since my last bankruptcy.... View More
answered on Jul 16, 2015
You initially say that you filed bankruptcy and then later say that it was "never filed and discharged," so the situation is a bit unclear. If no bankruptcy case is filed, there is no public record and thus should be no credit reporting. Sometimes, when a spouse files and there are joint... View More
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