Get free answers to your Bankruptcy legal questions from lawyers in your area.
A member of my family had a brief hospital stay at the beginning on the year after which we received and then pain a Bill from the hospital in full. Several months after we paid we received a new bill indicating that we owed additional money for the hospital stay even though our prior balance was... View More 
answered on Oct 19, 2017
It depends on what your insurance covered and what really was charged. If insurance is not paying, appeal with the insurance company.
House was appraised at 500k. No mortgage. 2 home equity loans total debt 275k .
answered on Oct 18, 2017
Yes. The exemption is $150,000 for an individual and $300,000 for a couple.
Ch7 discharged 8/2017. All mortgage payments on time since then. House is not worth what is owed, only continued to make payments so my father had a place to live. He is moving out. I have rebuilt my credit since then and want to make sure the foreclosure will not show up on my credit. My... View More
answered on Oct 8, 2017
It was discharged only two months ago? And you rebuilt your credit since then. Must be a typo. The foreclosure will be on your credit report. You can walk away as you are correct about the debt only being on the house.
I have only been paying the minimum interest payment every month. I am wondering what my options are for some sort of debt forgiveness. My home has no mortgage. I have some mutual fund accounts under my name, 1 is a roth and the others are under my name as well, but are intended for my kids. I... View More
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answered on Sep 30, 2017
You need to have an in person consultation with an experienced mortgage foreclosure defense and bankruptcy attorney.
There is a form to be filled out in court during chapter 7 bankruptcy, regarding reaffirmation of a car loan (so I can keep my car if I make the monthly payments). My question is whether I must take any steps other than fill out the form and submit it to the court.
That is, should I... View More
answered on Sep 28, 2017
Yes, you need to contact the lender. Reaffirmation is up to the creditor. You can state your intention to reaffirm but it is the creditor's decision as to whether they wish to do so or not. The creditor usually prepares the agreement as they have all of the figures on the loan balance and will... View More
He did this without my knowlege while living together. Is there any possible way for me not to be responsible for this equity loan? We were married for 28 years; I have lived & supported myself for the last 9 years. I will divorce him, give him full title to the deed, anything so I am no longer... View More
answered on Sep 23, 2017
If you did not sign the loan, you are not liable for it. Walk away from the house.
The car in question is financed, my father is making payments on the loan each month with his name, but the car is registered in my name, he is co-owner. The car is 7 years old, I mainly use it for a delivery job
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answered on Sep 23, 2017
No you will not lose your car by filing Bankruptcy. You have ample exemptions to protect it. Chapter 7 Bankruptcy is not simply filling out forms. Trying to handle this matter yourself is not wise. You do not know the USBC, you do not know the local rules of Bankruptcy and if there was an adversary... View More
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answered on Sep 7, 2017
If you had an attorney, then you need to direct this question to the attorney. If not, there is not enough information here to answer it.
The statute of limitations to foreclose in new york is 6 years from a triggering event. As far as I know, courts have agreed that a lender's acceleration of the debt constitutes a triggering event. Bankruptcy also accelerates the debt ( “Bankruptcy operates as the acceleration of the... View More
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answered on Sep 6, 2017
You are totally confused. Filing Bankruptcy stops foreclosure unless the Lender makes a successful motion to vacate the automatic stay. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly... View More
He wont pay his portion of the shared credit card bills and this is putting my daughter and I in a very bad situation as I'm on disability with an extremely limited budget. He's basically leaving us with less then 300$ to live on. I have an order of protection against him so I cant talk... View More
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answered on Sep 3, 2017
You need to retain an experience matrimonial attorney and file for divorce, Pendente Lite child and spousal support. You need to retain the best attorney you can afford. Remember a cheap lawyer is rarely if ever good and a good attorney is not cheap.
I have extreme problems with my attorney. He is not to be trusted. He has repeatedly lied to me. The Judge in the case is aware of my situation also. I am filing with the NYS Grievance Committee as well. My so called attorney sends me false information, is erratic and abusive in behavior.... View More
answered on Aug 30, 2017
You will receive what you claimed as exempt in the case. Check your schedule C.
I believe I had caught up with the owed fees of the "abandoned" unit. The board has continued to collect the same rent since, and I haven't received any formal update that the unit has been made current. They have served me eviction notice for non payment but I belive they owe me.... View More
answered on Aug 24, 2017
Not correct. Your deal is with the Board. The other parties can deal with each other on their rights.
There not one given and house was sold
This is in dutchess county MY
Is this possible
answered on Aug 17, 2017
No, automatic stay is automatic, goes into effect upon filing.
my dad and i have a joint accnt from when i was 17 and has never participated in my account, never made any deposits/withdrawals/anything, only upon my request to take out cash for me sometimes when i needed, his participation was just to accompany a minor in opening an account and purely for... View More
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answered on Aug 16, 2017
Your Dad, if eligible needs to file Bankruptcy, otherwise, you probably won't be able to get it back. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.
answered on Aug 11, 2017
I am not sure which funds you refer to. What would you report to the trustee? More details are needed to answer this question.
I have been divorced and my ex-husband has lien that was put on the house from me not having insurance before our divorce. It has accumulated for a couple of years and not sure what to do? Located in Selden, NY.
answered on Aug 7, 2017
I do not think Chapter 13 or even a bankruptcy is what you want. A bankruptcy will not stop a lien that was filed if it was proper. I am not sure what you ultimately want to accomplish.
reason for abandonment was, liens were greater than the value, now it went for tax sale & there are surplus, can the debtor now claim it ?
answered on Jul 30, 2017
Yes, the debtor gets the surplus unless the lienholders get it first. The surplus is the amount over the taxes, not the liens.
You previously states that the state requires 30 day notice but not online
What does that mean
The property has been listed at least for 55 days online
Can that be done
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answered on Jul 27, 2017
The property being listed online is irrelevant. If you had a Bankruptcy attorney, your questions should be directed to that attorney.
I did not get any type of notice
This is in my state dutchess county
I thought there was 30 days before anything could happen
I only got dismissal notice 2 days ago
answered on Jul 27, 2017
There is no 30 day rule. It must mean that the auction was before the bankruptcy and the creditor was waiting for dismissal to convey the deed. If the foreclosure sale was not before the bankruptcy then you are right, the state court requires 30 days notice of a sale, but that is not online.
I am aware that FDCPA prohibits this but will bankruptcy court accept such a claim? The cause of action occurred in 2010.
answered on Jul 17, 2017
Being forced into bankruptcy to me means a creditor filing the case, which is called an involuntary case in bankruptcy law. A credit card will never do this.
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