trustee felt my plan was under funded. So right now I'm paying 2400 a month to the bankruptcy court and I am barely able to live. I don't want to lose my house but I can't keep up these payments. Most of my debt waa unsecured except my house what should I Do? Can i file for voluntary... View More 
answered on Oct 17, 2017
Chapter 13 is voluntary and in most instances, you can dismiss. Should you is the question. Contact your bankruptcy attorney. If you managed to get a chapter 13 confirmed without an attorney, you have really accomplished something as over 90% of pro se chapter 13 cases end up being dismissed. Your... View More
My plan has been amended twice and denied twice by the Trustee. I am still making payments. I feel as though this is becoming very personal and not professional. Also I want to challenge the Trustee in regard to Social security being a part of the monthly income. What is the law in Missouri in... View More
answered on Oct 8, 2017
Social security is not included in the calculation of CMI. Contact your attorney and if you do not have one it is past the time to hire one. Over 90% of pro se chapter 13 bankruptcies end up being dismissed. Contact a local bankruptcy attorney and schedule a consultation. It may be more difficult... View More
answered on Sep 6, 2017
As in most areas in the legal system, you can proceed with filing a bankruptcy without an attorney. There are serious pitfalls in doing so, as you may needlessly lose assets by failing to apply the exemption laws properly or by failing to use exemption planning prior to filing; you may not fully... View More
I'm being sued by Nationwide insurance; a company called NCS has contacted me, and I'm not sure what to do. My boyfriend hit another car, and totalled it out, while driving my car, without insurance on it. I wasn't driving, but I was there, and the vehicle was registered to me. I... View More
answered on Sep 5, 2017
I. Don't agree it is your obligation. It may be but it may not be. 2) Help them locate your ex--if you get sued you need to sue him for "contribution," 3) find out what the claim is for. If it's for property damage only, and they give you a FULL release of ALL claims including... View More
I took out a personal loan to pay off a different personal loan, an emergency came up requiring a majority of the rest of the funds, will it be considered fraud if I file bankruptcy in the next 90days? also I've made 1 payment.I've read they could see this as fraud could they fight it?... View More
answered on Aug 30, 2017
If at all possible, I would recommend that you wait the 90 days and make one or two minimum payments.
I had left an email 2 weeks ago with the bankruptcy trustee of this case, and found out today they had no knowledge of my email and they couldn't help me. I am wanting to state that these two debtors should not have their debt discharged.
answered on Aug 11, 2017
In order to prevent the issuance of a discharge, you must file an adversary proceeding under the proper reasoning. As you have not stated why they should not get their discharge, I cant really guide you, but I will tell you to look at statute 11 U.S.C.523, and I strongly urge you to contact a... View More
answered on Jul 25, 2017
You are free to apply anytime after you file that you wish. It will be up to the creditor if they wish to give you a card or not. The discharge of a chapter 7 usually comes about 4 months after filing if all goes well. Some creditors may not even consider your application until after the discharge... View More
He failed to act on letters from trustee. Did not appear in court on the requests to lift the stays on my car. He told me he went and everything was ok. On April 11 they took my car. Now they are asking to lift the stay on my house. He has be inadequate about my case. Each time I have received... View More
answered on Jun 14, 2017
You are free to fire your lawyer at any time. Talk with other bankruptcy lawyers and see if they are willing to take over your case. It is very important that you have an attorney that you can work with in dealing with you 13 case. Look on Justia for a bankruptcy lawyer in your area. Good luck!
I filed a chapter 13 bankruptcy in the western district of Missouri. I have completed my plan and my trustee submitted the completion of plan payments with the court and already stopped wage garnishments. I also have already received my discharge of debtor letter from the federal court. I need to... View More
answered on Apr 17, 2017
This is the 3rd time I have seen this exact question from you.
answered on Apr 17, 2017
For many types of debts and liabilities the statute of limitations is 10 years. Some are even longer. There are some shorter. You need to be more specific. However, Most consumer debts and contracts are 10 years from the date of the last payment.
I have completed my chapter 13 plan payments, received the completion of plan payments letter from the trustee, the trustee filed this with the court and I received the discharge of debtor letter from the federal bankruptcy judge. This was in the western district of Missouri. If I needed to borrow... View More
Finished my chapter 13 payment plan, received letter about this from trustee, trustee filed the completion with the fed court, I received discharge of debtor letter from the federal judge.
answered on Apr 17, 2017
If you already received your discharge and are out of the plan, you can resume borrowing money and getting back into debt like you were before and start the whole mess all over again. 401k loans have to be paid back and cannot be discharged in a bankruptcy. If you default you end up with a tax... View More
Money deducted from my pay put in escrow for the purposes of covering any deductibles on future claims. can I lose escrow money through bankruptcy
answered on Apr 17, 2017
It says you are in Colorado. You need to talk to someone in Colorado who knows the state laws of Colorado. besides your question is extremely vague.
I just found out about land I didn't know I owned after filing bankruptcy. How risky is it to continue pretending like I don't know about it for a while and then selling it after 6 months - 1 year? (If it matters, the land is worth less than $3000.)
answered on Apr 17, 2017
Very risky. Not only can you lose your discharge, you can go to prison. Is the land worth that to you? Land ownership and transfers are public records. It is very easy for the trustee to find out about them.
What do you mean by "owned"?
Someone cannot secretly transfer... View More
answered on Apr 17, 2017
Normally is should not. But Possibly can. If you both signed a loan together, it will show up on the spouse's credit report that a co-signer filed bankruptcy. Also, if the spouse is applying for a new loan, the lender may question why the other spouse is not participating, or may run both... View More
answered on Apr 17, 2017
Only if this is your loan that he co-signed for you; or you co-signed for your dad. He can't file bankruptcy since he is dead.
My landlord said i owe him 43,600.00 my paperwork said its closer to 6,000.00 even in that i still owe water, trash, gas, lights, cable...i have a car loan, student loans and other bills like gym memberships...
I'm about to be homeless can i file a chapter 7
answered on Nov 19, 2015
There is no requirement that you owe a minimum amount that you owe or type of debt that you must have to file for bankruptcy. Also, there is no magic dollar amount or type of debt that says, you should file bankruptcy. There are many factors that need to be considered when making the decision to... View More
answered on Aug 10, 2015
The main difference is that in a chapter 13 you must come up with a plan of paying a percentage of what is owed over the course of 3 years, extended to 5 with court approval. In a chapter 7, all of the debt gets discharged. Go see a local bankruptcy attorney about this, there is much more to it.
I.e. Credit rating; credit worthiness; future borrowing power?
answered on Jul 1, 2015
Generally, the bankruptcy of one spouse does not directly impact the other spouse's credit report/credit score, even if the couple is married at the time of the bankruptcy. There are some exceptions, such as when joint debts are involved in the bankruptcy, but those would not come into play... View More
answered on Jun 8, 2015
You can go to the bankruptcy court clerk's office and use a computer at the clerk's office to look up any bankruptcy filing.
If that is not practical, you can sign up and use PACER. Go to Pacer.Com to do that. The charge is $0.10 per search and $0.10 per page of any document... View More
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