I read online: "If you own the house with your spouse as tenants by the entirety and do not have joint debts, the house is completely exempt, and the equity you have in it is irrelevant regarding exemptions."
Yes, you have to be married to use the marital exemption. Since you are not married, you both own the property either as (1) Joint Tenants with rights of survivorship or (2) Tenants in common. Both are treated similarly in bankruptcy. (there are...Read more »
First, your mortgage company will insist on using the funds to maintain the integrity and value of your home. Any excess funds are treated the same as a tax return or bonus check. You need to file a motion to keep some or all of it. Second, your son may qualify for the soldiers and sailors relief...Read more »
The bankruptcy trustee steps into the shoes of the Debtor. This means the trustee can sue you for the money. Whether or not he or she does so will depend on whether the Debtor discloses the claim, which he or she must, and whether the trustee thinks he or she could prevail in a suit against you.
If there is a divorce petition filed, then a judge cannot divide assets and debts while there is a pending bankruptcy. You need to immediately notify the court handling the divorce and bankruptcy of the other proceedings happening. You also need to be consulting with an attorney on how to handle...Read more »
I filed bankruptcy and one of the debts wasn't discharged (it was for a distance school, no child support, not an accredited college). Why didn't it get discharged? Could a faulty address be to blame? And can I go back and amend that? Please do not put down the fact that I did it. We are... Read more »
Crystal, normally your Chapter 13 plan would include your car repayment in some fashion. But typically your car lender needs to have filed a claim and that claim needs to have been paid, either by you or through your Chapter 13.
The car lender will normally retain a lien on the car...Read more »
It is not income for purposes of the means test but it is an asset that must be disclosed and listed on your petition. Since you’ve paid taxes on it already and taken a loss on it, it is not income but it still must be listed in your petition.
And now they are tring to take it and day we stole it when i added up at least 1092.00 on a 700.00 bill how is that right please help me out in getting swindled im lower income have 4 daughters just tring to get by
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.