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I filed bankruptcy about r years ago and I included my utv and they have not come to get it and really don't think they plan to. Am I able to sell the utv. I contacted them about getting a realease and they were working on it then they just said they can't. Can I sell it.
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answered on Jul 6, 2017
To protect yourself, keep seeking the release before you sell it, just to be on the safe side.
I have 1600 a month in expenses. What happens if my plan doesn't pay all my debts
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answered on Jul 6, 2017
You really need to meet with an experienced bankruptcy attorney to discuss your situation in detail and formulate the solution. 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.
They never came for my utv even know was included and I tried to get a lean release on it and they were trying to then a different person I dealt with said we don't do that and didn't giv chance to try to pay off lean. Can I sell it at all and how do I go about it. About 4 yrs after in... View More 
answered on Jul 1, 2017
The bankruptcy does not cancel the lien. To sell it, you need to pay off the lien. If the lien is greater than the value, it is junk.
we have a home in foreclosure ( have a short sale pending) a second mortgage and a credit card together. He was to be responsible for thoe according to our divorce decree but i hear that doesnt matter. He has already filed chapter 7 so I need to know if I should file now or wait till his is over... View More
answered on Jun 27, 2017
Does not really matter. However, the bankruptcy can screw up the short sale.
Should I be filling out a "Proof of Claim" form for the money I paid upfront?
answered on Jun 7, 2017
No. If your lease was assumed by the new company then you have no damages as a result of the bankruptcy, and no entitlement to a refund. Your lease is being complied with, even if the lessor has changed.
I am a New your city retired civil servant. I'm a little confuse with the exempt law. Not sure if only federal funds deposited into bank account are protected, or all civil servant, city, state, and federal are protected.
answered on Jun 5, 2017
Pension money can be exempt, but you need to make sure that your account only contains exempt funds. Otherwise, there is an argument about which funds are in the account. Also, if you have a judgment, go to bank and make sure they note that all funds in account are exempt on your file. This is... View More
My then atty listed my current car and should not have. I have been paying on it monthly since and am receiving no credit for it on my credit report. Can I just surrender the vehicle now without it blemishing my current credit situation
answered on Jun 3, 2017
Yes, as long as the debt was not reaffirmed as you represent.
on my property (which was an exempt asset in my bankruptcy). Is this legal? How can I get a fresh start if a creditor can still do something like this?
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answered on May 26, 2017
By filing a Chapter 13 Bankruptcy (if it is legally & financially justified) you can put the student loans into a 5 year payment plan, which should make things temporarily easier for you. Chapter 13 Bankruptcy is not simply filling out forms. Trying to handle this matter yourself is not wise.... View More
We are over the means test in NYS, but when we deduct $19111.00 for a child support obligation, we are just over the annual income on the means test for a family size of 6 by approximately 400.00. Our 6 month average income that we take home after support/insurance/taxes come out of our checks is... View More
answered on May 23, 2017
This is your second post on this. Use a lawyer. You are not doing the means test correctly, and hurting yourself in the process.
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answered on May 23, 2017
To answer your direct question, support obligations are deducted from income. There is a line on the form for that. In the dozens of cases I have filed, I have only one time not been able to fill out the form in a way someone cannot qualify for Chapter 7.
I filed chapter 7 in 2010 and intended to reaffirm my mortgage debt. However the bank never signed an agreement and the debt was discharged. My question is if this discharge constitutes an acceleration of the mortgage debt (there is no clause about this in the note). The reason I ask is because I... View More
What are terms of fines payments for corporations?
For example: Court says: Corporation X must pay 100 millions to Corporation Y as fine.
What are terms of payment for Corporation X? Will corporation Y get full amount? How will it pay: 100 mln at once or piece by piece? Is there any... View More
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answered on Apr 27, 2017
It depends whether you want to do with the taxes in the Bankruptcy. You can certainly use it to put your taxes into a payment plan. Trying to represent yourself in Bankruptcy is unwise to put it nicely. There are both Federal and Local Rules of Bankruptcy that must be complied with. It is not... View More
What alternatives , such as an adversary procedure filing, are available to stop a wage garnishment on a private student loan? Also can rental arrears and the balance of a lease that ended in eviction be discharged in a bankruptcy filing?
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answered on Apr 27, 2017
Sometimes private student loan debts can be discharged in Bankruptcy. Rental arrears and the balance of a lease are dischargable. Trying to represent yourself in Bankruptcy is unwise to put it nicely. There are both Federal and Local Rules of Bankruptcy that must be complied with. It is not merely... View More
My 13 was filed but I haven't been to court yet ..I can't afford the payments so I have to take my chances and let people sue me unroll my 2 years of waiting for a 7 is done ...I have 2 more years before 8 years has passed on my old chapter 7 ..am I understanding correctly
answered on Apr 20, 2017
You are not correct. Convert to a 7. Same case number. It is not refiling.
I still have 2 and half years before I can file a 7...and my 13 i may have to,dismiss because payments are way too high...if I let them all sue me ...can I file when my 8 years are up ..and will the garnishment stop ..feeling stuck
answered on Apr 20, 2017
I am unsure where you are in the process. You can convert an open 13 to a 7. You can file a 7 180 days after a 13 is dismissed. The 8 years applies to fully administered cases.
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answered on Apr 5, 2017
You can both file a joint petition which will save you money.
This is a complex, and sort of multi-angled issue. I applied for a Job with a County Government Agency (Law Enforcement). I recieved a Notice or Proposed Disqualification for "Excessive Debt; Potential Corruptability Hazard based on potential debt to income Ratio".
I was given 20... View More
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answered on Mar 16, 2017
It's doubtful that an automatic stay would apply since it is not a creditor claim, however there may be a mechanism to get a stay by application to the bankruptcy judge in the proceeding. Regarding how long it takes, if you get your ducks in line with the filing by organizing all of your... View More
If one files for personal Ch 7 bankruptcy, do the past capital contributions to an LLC or S Corp get affected? Capital Accts? Owner's equity, etc?
I'm aware their units or shares may be affected. But I'm curious if capital accounts or owner's equity is an asset they... View More
answered on Mar 2, 2017
The short answer is it depends if it is real capital or an entry on a balance sheet. But, it can be affected, and when closely held business is involved a personal chapter 7 needs to be documented carefully.
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