Get free answers to your Bankruptcy legal questions from lawyers in your area.
Chapter 7 inheritance
A Ch. 13 conversion into a Ch. 7--Bank wants back $2800, and really gouged me on monthly payments, increasing from the prior agreed on rate of only $115 a month payments (the Ch. 13 Trustee won that). No more need for this 11 year old vehicle which is now worth market value of only $1700 at most.... View More 
answered on May 26, 2020
I’m not sure if your in bankruptcy now or not?
If you are not in bankruptcy and they repossess your car they can sue you or garnish you. You can give up the car in a chapter 7 bankruptcy and not be liable for it? If you are no longer in bankruptcy and you give up the car they can not... View More
answered on May 19, 2020
I’m not sure I understand this question aside from needing definitions to such. You may want to speak with a Bankruptcy lawyer who can help you. A homestead exemption allows you to file bankruptcy and keep your home. Equity is the difference between the value of your home and how much you owe. A... View More
Hello. I am about to begin the process of filing for bankruptcy. My landlord has legal fees as well as maintainance fees on my rent statement which adds up to approx. $3000.00... i do not owe any money on my regular monthly rent . Maintenance charges are not on my lease. My landlord added those... View More
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answered on Mar 28, 2020
Your question states both maintenance fees and a rent statement, as well as mentioning your landlord. So it does need some clarification. If you file Bankruptcy to discharge debt to the landlord, there is no way that you can expect to stay in your apartment and have a lease renewal. That would not... View More
The loan providers say I'm responsible and it doesn't matter what my divorce papers say. Is this true I will need to civil sue the loan holder I co-signed for?
answered on Mar 9, 2020
You are still liable directly to the loan provider, bc the loan provider was not a party to your settlement agreement with your spouse. If your spouse is not paying the loan, you should make a motion in your divorce case to hold your spouse in contempt for not paying as agreed and ask the court to... View More
answered on Mar 5, 2020
There are legal services to help if you qualify but you may have long waiting times! I highly advise speaking with a lawyer many have payment plans that can really help you! And make sure your case goes smoothly!
answered on Feb 26, 2020
If the judgment has not been entered you can try to fight it or possibly filing bankruptcy can stop a judgment from being entered.
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answered on Feb 22, 2020
Yes, it is income. Bankruptcy is extremely complex and is not something to attempt on you own. You really need to retain an experienced bankruptcy attorney. There are all types of Rules and Case law, that could impact your case, and you have no idea how what you do not know can hurt you.
I am pro se. Does the Bankruptcy Stay the Appeal in the Appellate?
answered on Feb 7, 2020
Yes the bankruptcy stops the appeal.
A bankruptcy stops all legal proceedings unless someone files a motion to lift the automatic stay.
Thank you for your answers, it is much appreciated, and very helpful. for a more detailed explanation, I'm a creditor in a 13 case, I have a judicial lien on his homestead and he filed a motion to avoid the judicial lien in its entirety because it impairs etc... he owes 50 grand more than the... View More
answered on Feb 5, 2020
The short answer is No, you have no equity to exempt. If later it turns out you have equity, then you should be able to modify your schedules to reflect that.
Normally the exemptions play much more importance in a chapter 7 bankruptcy to keep the chapter 7 trustee from selling your home... View More
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answered on Feb 1, 2020
A Chapter 7 bankruptcy is usually completed in 4 to 6 months from the date of filing for a personal one. A Chapter 13 Bankruptcy can last anywhere from 2 years to 5 years. (It would usually take about 2 years, if you are seeking a mortgage loan modification through the bankruptcy Court's... View More
What does it mean for me on the house? What will happen to the house? Will I lose the house?
answered on Jan 3, 2020
The Deed is in your name so you own the home. Assuming the home is exempt there is nothing your liable for. If the home is not exempt the Trustee can take the home and sell it. Since your name is not on the mortgage it won’t impact your credit if your husband decides not to pay the mortgage.
I'm disabled from the military and have unemployment with social security since I can't hold a stable job. Currently have 50,000 debt on my own. The new haven act law says that my disability paychecks aren't counted towards the means test but that would mean I would make $0 in the... View More
answered on Dec 29, 2019
You should speak with a Bankruptcy lawyer. Just because you have $0 for the means test does not mean that you have no income. The Means Test determines if you qualify for bankruptcy. This doesn’t mean that you don’t have income and expenses. You should speak with a Bankruptcy lawyer.
The court date was set before the bankruptcy (chapter 7 no-asset) case was closed and the debt in question was fully discharged. The lawsuit is for credit card debt which was sold to a debt collector (the plaintiff). Is there a way I can, without leaving myself vulnerable, avoid having to spend... View More
answered on Oct 31, 2019
Just provide a copy of the Discharge to Counsel for the Credit Card Company and t a copy of the Petition showing it was listed, and also provide same to the Court.
and it was not completed. I am aware of the Brunner Test and made my lawyer aware of it as well but the lawyer did not move forward on it or do anything to assist me and I was told "they won't discharge it". I am well aware that some have been by proving undue hardship and seriously... View More
answered on Oct 9, 2019
Hello, the Brunner Test is not easy to overcome. You will also have to spend money to litigate this matter. I would call around but if most attorneys do not want to handle it then you may not have a good case. Try to contact a few other attorneys and explain your situation. If your case has been... View More
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answered on Sep 9, 2019
Yes, EZ-Pass Fines and Penalties (absent fraud are dischargable). You really need to retain an attorney to represent you in this matter, since there is a lot that can go wrong.
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answered on Sep 9, 2019
It is a debt that is not discharable in bankruptcy!
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