My wife owns our home which she bought in 2003. The title is recorded in her name only as her sole and separate property and the mortgage and taxes are in her name only. At the time she bought the home, I signed a quit claim deed giving up all interest in the property. Additionaly, in 2011, she... Read more »
Yes. There is still an equitable interest that you should list as an asset on your petition. Consult your Bankruptcy lawyer as to the further ramifications of the interest, but you should list it out of an abundance of caution.
How can a person who is barely surviving paycheck to paycheck waiting for paycheck to pay rent supposed to leave their job without consequences to make it in time to rental office before they close to pay rent ? If you don't make it in time by few minutes before the office closes then your... Read more »
I tried to contacting xxxx LLC no response there was a fire on the property and I have no insurance policy to give my neighbor. The last time I spoke with him we decuss Renting to Own agreement that was 6/2013. The neighbors fire had me do some research and I found out that xxxx was sued for over... Read more »
Your question has so many variations and possibilities that n one can properly answer it without substantially more information and investigation. Cantaloupe a local attorney, one who specializes in civil law, criminal law and bankruptcy. You have a very complex issue that may only be solved with...Read more »
My mom was my co-signer for a car loan since then I have filed for bankruptcy and I am thinking of doing a voluntary surrender on the auto but I am scared it will affect her credit as well. I checked my credit and hers and there is something that got me off guard. On my account it states that the... Read more »
Your bankruptcy discharge will no protect your mother. If the loan documents specify that she is liable if you do not pay, then the crediter will most likely be able to pursue her if it chooses to do so.
If you're current on the auto loan payments, 95% of the time, the bank won't do anything, and you can keep paying the existing loan (and keep the car you have now). You may also be eligible for redemption, if the value of the car is less than what you owe. I don't think you'll...Read more »
Filed Chapter 7 bankruptcy, had the 341 hearing 40 days ago, and now one of the creditors changed the amount owed from 7k to 14k, which I was not aware. What do I need to do, do I have to amend the paperwork submitted to the court? Is there a document I have to submit to court to change the amount?... Read more »
You can amend the schedule you filed showing $7000 to $14000 if you wish. The fact that you were incorrect about the amount should not affect the discharge of the entire amount. In chapter 7 it is being sure the creditor is listed that is more important than the actual amount owed in most cases. Of...Read more »
You should be able to however you need to do everything right with your second filing. The creditor may object to releasing the car. If you did not hire an attorney for your first case, you should absolutely hire one for a second case. You will need to file a motion to extend the automatic stay....Read more »
Yes, they are voluntary contact the debtor's counsel at once. You know the best time to call is in the am, but you can check pacer reports to see if the lawyer has court hearings. Hint call them when they aren't in court. Email address of debtor's counsel is a great way and also...Read more »
Sorry, but all I can make out is that you are considering filing a Chapter 7 bankruptcy petition, and you want to know if you need to put something in the schedules and statements which must be filed. I can't figure out what "total loss check" means. If a creditor has no lien on...Read more »
You can request that the court approve a "reaffirmation" agreement without retaining an attorney. A reaffirmation agreement will affect your discharge rights and should be entered into only if you understand it completely.
A: If you case has no unexempt property, you can simply fail to show for the Meeting of Creditors, and the Trustee will usually dismiss the case. If you have unexempt property and/or you have already attended the Meeting of Creditors, you will have to file a Motion to Dismiss and have a hearing.
Too confusing to answer. Generally speaking, if you have fallen behind on mortgage payments the creditor has a right to foreclose on the property. Chapter 13, under which you propose to bring your loan current over a period of 3-5 years will prevent foreclosure. Not sure if that answers your...Read more »
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