Get free answers to your Bankruptcy legal questions from lawyers in your area.
specifically subchapter v in the prior year, is there a way of doing that?
answered on Aug 9, 2020
Subchapter 5 just started this year. What exactly is it that you are trying to do?
I have tried calling them and they would decline my call and respond with I'm sorry I cant talk right now. Me and my husband have already made the full payment and we would like to know what are some precautions we need to take from here because it seems that the Wedding Studio is also... View More
answered on Jul 27, 2020
I am confused.
If you are already married why do you need a wedding studio? If you aren't married yet, then perhaps you do.
You might consult a lawyer in your community. If they have engaged in fraud it may be a crime, but you can't prosecute it. You may wish to sue... View More
I have a pension with JC Penney Corporation. The company has filed for bankruptcy protection. My pension is insured with the PBGC. I just received a Modified Form 410 Proof of Claim form from the bankruptcy court. Does this form have anything to do with my pension? haight78@hotmail.com
answered on Jul 10, 2020
Yes. Fill it out and file it immediately. You may want to emits a lawyer to help you.
To auction to the highest bidder. Does this mean I do not own or are responsible for this time share?
answered on Jun 30, 2020
Is the timeshare company bankrupt? Without seeing the notice I cannot opine on it, but maybe there is a sale of the property subject to all timeshare interests.
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
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.
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
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.
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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.