Get free answers to your Bankruptcy legal questions from lawyers in your area.
I filed bankruptcy in 2016 and I got a creditor still threatened to sue
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."
Do you have to be married to meet this exemption?
I own a house... View More 
answered on Dec 23, 2019
Hey, I know some folks in your town.
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... View More
answered on Oct 16, 2019
Advise the trustee and turn the check over to him if necessary.
Our 19 year old son leaves for basic training this week and has several thousand dollars in debt can we ask to retain funds for personal use
answered on Oct 14, 2019
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... View More
All my bills are in collections. I have bill collectors calling me every day. I have credit cards and pay day loans . Two phone bills.
Amount owed is "allegedly" about $40,000. No written contract and no agreement on how to pay the funds back was ever discussed.
answered on Aug 20, 2019
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.
My soon to be ex-spouse filed bankruptcy during our divorce, and I need to know if it would be better to wait until court for the judge to decide on who is responsible for what debts
answered on Aug 12, 2019
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... View More
I will not be able to pay our debts if he goes to jail should we file bankruptcy before divorce? While he is dealing with his criminal charges?
answered on Jul 7, 2019
Without knowing your debts, no attorney can answer intelligently.
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Consult directly with a bankruptcy lawyer
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... View More
answered on Jun 19, 2019
You need to talk to a bankruptcy attorney, but you can most likely reopen and amend your petition to include that debt.
answered on May 7, 2019
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... View More
I was told when you file a chapter 7 now your wages are still garnished, it’s all unsecured debt that’s piled up on me.
answered on Mar 17, 2019
Filing the 7 will stop all garnishments, but you need to hire an attorney to handle for you.
I also have another debt consolidation from major bills, will this affect my Chapter 13 discharge?
answered on Mar 16, 2019
If your repayment plan is less than 100%, you need to tell your lawyer. If it is 100% repayment plan, you don’t have to tell anyone as it is immaterial.
I know I need to place the deficiency balances of repossessed cars somewhere and there are more than one, but I cannot figure out if it should be on Schedule C or D or even on E/F?
answered on Mar 13, 2019
Assuming the car was the only collateral for the loan (which is typically the case), you would list it on Schedule E/F.
answered on Feb 15, 2019
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
answered on Feb 8, 2019
You’re going to need a copy of the contract you signed with them to get the right answer.
Would I just file normally? Or would I have to file an innocent or injured spouse form?
Most of the deductions comes from the spouse not in bankruptcy.
answered on Feb 1, 2019
This is a question that may be a matter of local practice. You'll want to consult a bankruptcy attorney in your geographic area.
Where I practice, in Detroit, a non-filing spouse filing a tax return jointly with a filing Chapter 13 debtor will be allowed to retain their 50% of the... View More
answered on Nov 30, 2018
Depends on the equity you have in the car and whether you want to keep paying for the car.
I received a letter saying my case would be discharged.
answered on Nov 9, 2018
Not unless you are obligated on the debt with husband, then the answer is yes.
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