Get free answers to your Bankruptcy legal questions from lawyers in your area.
They have already started taking money
answered on Oct 7, 2022
I'm in PA, and here, once a creditor has executed on a judgment by issuing a writ, thereby "attaching" its judgment lien to specific personalty, e.g., your bank account, then that creditor enters your bankruptcy case, once you file, as a secured creditor. The claims of secured... View More
answered on Jul 29, 2022
Yes. You can file emergency. You can file online. Stay is automatic upon filing snd notice to creditor.
Lawsuit on Greenville police department, Sheriff department and sexual harassment on ambulance driver
answered on Jan 3, 2022
Unfortunately, without more information, there is not enough information to go on. I would highly recommend that you reach out to a lawyer to go over the facts and circumstances of your case, so that you can determine what can be done.
I filed chapter 7 in 2019. A utilities provider has been contacting me for payment after I provided them with documentation showing their account was included in bankruptcy. It is my understanding this is illegal debt collection activity and I'd like to know if it would be beneficial to take... View More
answered on Oct 22, 2021
Until recently, any creditor who attempted to collect, by phone calls, statements by mail, or otherwise, any debt that was discharged in bankruptcy would almost certainly be sanctioned (made to pay money to the debtor) by the bankruptcy court.
Last year, the US Supreme Court revised that... View More
I filed chapter 7 in 2019. I included several loans that were owed directly to the institutions (not gov't backed like Navient/Sallie Mae). These accounts were turned over to collections prior to me filing bankruptcy and were sent a bankruptcy notice. Am I still on the hook for the balances?
answered on Oct 22, 2021
It's the nature of the claim itself, and not who holds the claim, at the time of the bankruptcy filing, that determines how it will be handled in the bankruptcy. Claims being pushed by debt collectors are common, and just as commonly, are discharged in bankruptcy.
Certain types of... View More
answered on Oct 4, 2021
Most bankruptcy lawyers provide a free consultation. I would start there.
answered on Sep 20, 2021
Yes, you must include his contributions to the household.
Or can some of it still be discharged?
answered on Jul 27, 2021
If it has been more than 4 years since you filed your Chapter 7, you are now eligible for a discharge in a Chapter 13. The portion of your unsecured debt that you will repay in a Chapter 13 will dependent upon your actual current income and expenses.
My vehicle was repossessed. I want to file emergency ch 13 and get it back
answered on Jul 6, 2021
You'd better move quickly! You may need to pay the repossession charges, depending on the procedure in your district.
Get the check for the insurance to get another since I’m paying for the car in the bankruptcy ? Since no one will give me a loan to get a car because my credit is low the first thing that shows up is the ch. 13 bankruptcy so it’s an automatic no. Or is there any option out there for someone in... View More
answered on May 29, 2021
You will have to let the trustee know and get permission from the court before you can receive the proceeds to buy a new car.
Owner of business wants to sell company and business assets to me. Business debt is greater than asking price. Asking price takes care of owners personally guaranteed debt, and there would still be $80,000 in an outstanding EIDL loan. Would I be inheriting the debt with the company? Or should I... View More
answered on Oct 15, 2020
I pracrice in PA, but almost all states have some version of what's also called a Bulk Sales Law, and by that law, a debtor cannot sell all, or a substantial portion, of his business assets and leave creditors hanging, so the law provides that the debt follows the assets. Even where a state... View More
answered on May 12, 2020
Section 1307(b) states that on request of the debtor at any time… the court shall dismiss a case under this chapter.
I own two home. One I use as a rental property for income and it is my only source of income. I also own a house with my husband that we live in. Can I keep both? Not a joint filing, only me. My name is on the mortgage for one house and his on the mortgage for the other. But both of our names are... View More
answered on Apr 4, 2020
Depends on the value and how much equity you have in the houses. You should consult a bankruptcy attorney to guide you through this.
answered on Feb 18, 2020
Yes, if you qualify, dependent upon the Chapter of bankruptcy.
answered on Oct 21, 2019
Yes, they can foreclose on the Property, but they may not get a judgment against you personally (unless you Reafffirmed) and may not get a deficiency judgment against you
answered on Sep 26, 2019
You'll need to talk to your attorney (or get one if you don't already have one. In many jurisdictions, but not necessarily MI, the first step would be to bifurcate (split in two) your chapter 13 case. Then you and your wife have separate cases. At that point, your attorney can seek to... View More
Chapter 7 Bankruptcy , civil traffic fines
answered on Sep 8, 2019
A traffic ticket is not dischargeable in a Chapter 7 bankruptcy.
Is it from the date of the last payment made on the account or does it start 180 days after the last payment made on the account
answered on Aug 7, 2019
The statute of limitations starts on the date of last activity on your account. This could be the date you last made payment, but it could also be the date you last used the account, made a promise to pay, entered a payment agreement, or acknowledged liability for the debt.
We have a judgment against a person who was already in bankruptcy when she incurred the debt with us.
answered on Jul 24, 2019
There are any number of forms online that you can use as a template for the motion.
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