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 »
If your trustee's cases are on the Nation Data Center website, you can create a free account. After setting up an account, you can follow your case as money is paid to the trustee and paid by the trustee to creditors. Try this link to determine if you can set up an account:...Read more »
The bank stopped the sale because I was willing to work out a plan. The bank and I are still working things out but I found the house is in foreclosure with sale tomorrow June 9. Can they sell? No classified legal notices have been printed in local newspapers in regards to sale.
Unfortunately, I did not see your question yesterday. If the foreclosure sale was set for June 9th, then the sale was probably conducted on the steps of the courthouse for the county in which your home is located at 11:00 a.m. earlier today. To complete the foreclosure, the Trustee's Notice...Read more »
It is possible to transfer property while in a bankruptcy proceeding. To do that, your attorney must file a motion to authorize the sale or transfer of the property. In some instances, a property can be sold for less than the total amount of the liens which are secured by the property. This...Read more »
I think that you are confused about what is happening. A secured claim, and a home mortgage is entitled to receive interest on its debt. However, if you are paying the arrears (back payments that were due at the time you filed your case), the mortgage lender is not entitled to collect interest on...Read more »
No. The mere fact that a spouse has filed bankruptcy does not have any effect on the credit score of the non-filing spouse. However, if the husband and wife have joint debt, only the filing souse receives a discharge of that debt. Thus, if the non-filing spouse does not continue to make the...Read more »
The court charges a $30.00 fee to file an amendment adding one creditor or multiple creditors provided all are added at the same time. There is some case law out there that says that if the creditor was left off the schedules and was not added until after confirmation, then you could be precluded...Read more »
There are no specific penalties set out in the Bankruptcy Code. However, you should review your situation carefully with your attorney before dismissing your case. For example: If you have restructured your auto loan through the chapter 13 plan, the auto lender has probably been receiving much...Read more »
I am filing Chapter 7 in Mississippi. I am a senior on SSA DisabiIity. My Verizon smartphone kept missing texts/emails/calls but was no longer in warranty (I did not purchase insurance). My contract was not up until 12/15. I had to buy a new smartphone but the only "contract" they would... Read more »
Your question involves 2 separate issues. The first issue is the service contract. If you file the case and agree to assume the contract, which means that you will continue paying the regular monthly service charges, then your service will not stop. However, if you intend to reject the contract,...Read more »
A: You can file without your married spouse; however, any jointly held debt and property must be disclosed. Additionally, if your spouse works their income must be included in the Means Test and you will have to provide copies of their pay-stubs to the court.
What steps do I need to take to seal an 8 year old Ch7 bankruptcy case? Would I just need to file a "Motion to Seal Case" as well as an "Order to Seal Case" with the Southern District Court of Mississippi in addition to paying any filing fees? Is it that simple?
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