Get free answers to your Bankruptcy legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2017
Yes there are. Your returns have to have been filed on time and it needs to have been at least three years since they were filed. It can only be for personal income tax.
House is in short sale, when my attorney requested a Title Report it was discovered that there are 3 liens that were not released from my 2009 bankruptcy. He says in order to get a clean title I would need to reopen the bankruptcy. I do not have the money to do that and the attorney that I used... View More
answered on Feb 4, 2017
Foreclosures, home liens, and bankruptcies are publicly filed actions and are typically reported on credit reports as well. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More
We terminated our contractor for breach of contract, then he filed a mechanic's lien and a lawsuit to foreclose on the lien. Now we have heard that he has filed for bankruptcy and we would like to know how that could affect his/our case.
answered on Feb 4, 2017
You may be able to file as a creditor or file a judgment lien in his bankruptcy case, if applicable. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More
I was in an accident several years ago without any insurance. I moved around qi
Quite a few times that year and though I paid my fines I never received the paperwork for court when being sued by the other drivers insurance company. My license was suspended over a year ago from not paying... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2017
You can retain an attorney to file a Chapter 13 Bankruptcy, which will allow you to pay the money over a 60 month time period. Good luck.
28 USC §586 is the statute that sets out the duty of the US Trustee in overseeing a Bankruptcy action. If they breach this duty (for example purposely not appointing a unsecured creditors committee in Chapter 11) can they be sued for a tort under the Federal Tort Claims act (FTCA)? If yes would... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2017
This is not the type of vague hypothetical question that is appropriate to this forum.
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. Use AVVO's Find a Lawyer tool to... View More
I specifically mean the US Trustee, not the Panel Trustee that may be assigned to a case by the US Trustee. So with respect to the duty that the US Trustee must provide in a Bankruptcy proceeding.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2017
The US Trustee appoints the panel Trustee. There is no fiduciary relationship to the debtor. The Trustee's obligation is to both the creditors. Creditors and debtors each need to have their own counsel. Good luck.
- does this mean I'm on the hook for the full amount?
I am short on Money and know that my son has some savings that could help me with my repairs and mortgage.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2016
It is not your son's legal obligation to pay. Try to work things out amicably, do not try getting the Courts involved.
I want to either buy out the lien, or find out how to satisfy the lien.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2016
This is not a simple process. You need an attorney who practices both bankruptcy and real estate to handle this matter. Good luck.
answered on Nov 30, 2016
There are no guarantees but you can try to work a modification in bankruptcy.
answered on Nov 11, 2016
See a bankruptcy attorney to check eligibility. (This is a Q&A forum)
answered on Nov 8, 2016
They are not dischargeable. There is no statute of limitations, as Federal law trumps NY law.
answered on Oct 26, 2016
Send the trustee your support order. You do not need to do anything. Support orders are unaffected by bankruptcy.
This credit card was opened In 1998 and have not had possession on the credit card for almost 15 years. What can I do to get this removed?
answered on Sep 4, 2016
If you had a no asset Chapter 7 case, the law is that this debt was discharged as well. However, if it was joint, and only your husband filed, then it would still be owed by you. Based on your post, the statute of limitations has passed on collection.
If part of a credit card debt is declared non dischargeable, how does the debtor repay that amount? Is it paid out over the plan repayment period, does the debtor have to pay it up front, or does the card account stay open and the debtor continues to pay? Please help.
Thanks
Michael H
answered on Nov 18, 2015
The nondischargeable credit card debt is still an unsecured debt. All unsecured debt must be paid in the same manner through the chapter 13 plan. If you are paying 10% to unsecured creditors, that is all that the nondischargeable will receive through your chapter 13 plan. However, the unpaid... View More
Me and my friend both a car together. I put $10,000 money down but we are both on the loan. I am the co-buyer and he is the primary buyer. The title, Registration and Insurance is under my name. Car was just purchased. He said he will call the bank and have them resend the title and registration to... View More
answered on Nov 13, 2015
This isn't a car accidents question.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal... View More
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
