Assuming that the bill is a payment on a debt for previous work performed the lawyer, the automatic stay that will go into place once you file for relief under the bankruptcy code will preclude any collection activity except for some types of collection for child support or alimony and collection...Read more »
If you are in Chapter 13 and the Trustee has filed a Motion to Dismiss your case for non-payment, then you can either get the money to the Trustee that is needed to bring your Plan current or file a written response to the Motion to Dismiss that explains to the Court why you are behind in payments...Read more »
If you have an attorney you need to discuss this with them before you take any action. Most Chapter 7 cases only last for 3 to 4 months, so it would be best for you to wait until after your final decree is entered. However, if the house was listed as an asset and properly exempted with no...Read more »
Each of you are entitled to exempt up to $10,000.00 worth of tangible personal property, including such items as cash on hand, household goods, tools of the trade, animals, motor vehicles, medically prescribed items, and anything other than the listed items that has a value of less than $200.00....Read more »
A bankruptcy discharge order discharged your obligation to pay certain debts, but it does not discharge a lien, such the lien created by a deed of trust (another name for a mortgage). There are some types of liens on a homestead that can be avoided in a bankruptcy, but those liens are generally...Read more »
NEVER told about it. I went to my attorney and he told me that he would have to reopen the case to get it taken off. Just wondering is this correct? And why wasn't I told about this 3 years ago? The court was in Oxford, MS. The lien was Ford Motor Credit. Can anybody help?
There is a provision in bankruptcy law that allows a debtor to "avoid" or remove a judgment lien to the extent it impairs exempt property. This must be done while the case is still pending. If a debtor does not know about a judgment, or does not tell the attorney, then the attorney will...Read more »
You can not do this with the intent to discharge that debt. This would be fraud and make the debt non-dischargeable. If you obtained a new account, and later, even shortly later, decide to file bankruptcy, this would not be fraud.
The creditor has the right to take the position that it will only accept payments if you bring the loan completely current. If the creditor repossesses the collateral or commences foreclosure if the collateral is real property, you can file a chapter 13 bankruptcy. If the collateral is a vehicle...Read more »
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