Get free answers to your Bankruptcy legal questions from lawyers in your area.
I have tried to consolidate my bills without success. I have creditors calling threatening wage garnishment and being sued. What do I need to do to find out if I qualify for pro bono help?
answered on Mar 29, 2017
You should contact a local bankruptcy attorney for a free consultation.
Husband passed away after the loan was made she struggled can no longer make payments three children receiving Social Security benefits oldest child 18 will no longer receive benefits
answered on Feb 23, 2017
No. Debts discharged in a bankruptcy proceeding aren't usually considered taxable income.
answered on Feb 7, 2017
Up to $10,000 in personal injury awards are exempt per Miss. Code Ann. § 85-3-17
answered on Jan 7, 2017
If the business is in a Chapter 7, you can purchase all of the assets of the business. The Chapter 7 Trustee assigned to the case will advertise an auction.
answered on Oct 25, 2016
Federal student loans are not dischargeable in bankruptcy.
answered on Jun 9, 2016
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... View More 
I have a truck worth $4,000 and she has a car worth $3,500 and there are no liens on either vehicle, can we keep both of them?
answered on Nov 16, 2015
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.... View More
was not cleared with our chapter 7 so what do we do its been 17 years and we still haven't gotten our clear dead back to our land.
They say that land & primary home put up as a secure loan can not be discharged by chapter 7.
they are now telling us we need to talk to their... View More
answered on Sep 11, 2015
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... View 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?
answered on Aug 26, 2015
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... View More
answered on Aug 24, 2015
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.
Tried to take them notes twice they say they way all at one time
answered on Aug 16, 2015
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... View More
answered on Jun 28, 2015
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:... View 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.
answered on Jun 9, 2015
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... View More
answered on Jun 7, 2015
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... View More
I continued to make full payment on the home loan during the three years of chapter 13.
answered on May 17, 2015
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... View More
answered on May 17, 2015
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... View More
The limited liability company has about $200,000 of debt, all unsecured, with NO personal guarantees. I want to file ONLY in the name of the LLC and not personally.
answered on May 17, 2015
Yes, a limited liability company can file a chapter 7. However, the LLC will not receive a discharge at the end of the case as an individual does when an individual files a chapter 7 bankruptcy case.
answered on May 17, 2015
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... View More
answered on May 16, 2015
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... View 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... View More
answered on May 16, 2015
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,... View More
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