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Matrix list and they are trying to evict me from my home and remove the Automatic Stay. Should I add them to the Matrix list, even though I do not owe them nothing? They have already violated the Stay, and if I add them will i still be protected after the discharge order from them evicting me?
answered on Feb 12, 2019
You should reopen the bankruptcy, amend your schedules and matrix to add them, and then you will have protection from them, assuming their cause of action was prepetition.
Also my unsecure are about 40 thousand, can i keep my property or must the trustee sell it, for Chapter 7? And if the trustee sells it will she cut a check for only the homestead exemption or all of the equity too?
answered on Feb 5, 2019
That depends on whether there is non-exempt equity in your home. If there's another few thousand dollars of equity that is not exempt, or more, the Trustee may move to sell the house.
The issue, here, is that you cannot simply Dismiss your Chapter 7 case voluntarily. If the Trustee... View More 
My house was foreclosed on receive a letter to vacate have three children in school and my funds are limited
answered on Feb 3, 2019
No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.
For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children,... View More
I have a lot of credit card debt and I’m only able to make the minimum payment. So I signed up for debt relief and it was still too expensive so I canceled it. Now I’m being sued by one of my credit card companies because I owe them money. I wanted to know if I was still able to file bankruptcy.
answered on Feb 1, 2019
Yes you can still file if your being sued! It will stop the lawsuit.
Karra L. Kingston Esq.
I am filing for chapter 13 and asked me, after the amount I claimed, what is the specific law that allow exemption
answered on Jan 19, 2019
I’m not really sure what you are asking. I advise that you sit and speak with an attorney.
I need to find out what to do with this loan which has changed hands many times. I have paid on it sporadically due to financial issues. I am willing to negotiate a reasonable payment but have appealed to thees different lenders with no positive results.
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answered on Jan 11, 2019
With extremely rare exceptions student loans are NOT dischargable in Bankruptcy. However, a Chapter 13 Payment plan may make them more affordable for a period of 5 years. You need to retain an experienced NY Bankruptcy attorney to discuss this matter in person and to got over your specific... View More
A creditor filed claims against the estate, then years later filed a motion pursuant to 105 and 542 for turnover of assets which are almost identical to the amounts alleged in his previously filed claims, asserting that these were not assets of the estate under 541.
Note - many of this... View More
answered on Jan 5, 2019
There’s a lot more information needed to answer your question. You’ve asked your question in a manner that answers itself, which immediately leads me to believe that you’re leaving out some details - we all know that it’s never acceptable to file false claims with a Federal Court.
A... View More
I am the indemnitor on a $11,000 bond that was revoked. I bonded out my ex boyfriend from two different charges. His bond was revoked because he was arrested while on bond for harassing me. Despite that I was the victim of the aggravated harassment charge, would I still be responsible financially... View More
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answered on Dec 22, 2018
This is a bankruptcy question, not a criminal law question. The fact that you were a victim is irrelevant. But, since you are the victim, it would not be wise for you to have any contact with your ex boyfriend because you would put yourself at risk for more harm. Depending on your overall financial... View More
For example, because my roommate allows me to watch his TV and control it, does that constitute my ownership of his TV?
answered on Dec 19, 2018
No. If you do not have title to the property, you do not own the property.
I have already sought legal help and filed for bankruptcy ch 7. I also have gone forth to the 341 meeting. My student loans are listed and less than $5k. I didn't sign any petition to have them discharged in my case.
answered on Dec 7, 2018
My immediate reaction is "no". With this said, it may behoove you to have your attorney file a Motion to Approve Refinance Agreement (or something to this effect) that will bring the transaction to the Bankruptcy Court's attention. I can't imagine that such a prayer for relief... View More
I am filing bankruptcy in New York. There is an exemption I may be eligible for, to protect some cash that i have, but i dont understand the wording:
Wages
5205 - 90% of earned but unpaid wages received within 60 days of filing for bankruptcy
How can my wages be both... View More
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answered on Dec 5, 2018
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 proceeding started against you, or an objection filed to your plan, you would be like a deer... View More
Incurred in Fl - his lawyer in Ca said lien will be put on my home in NY which is my primary residency - no mortgage on property in joint tenancy. Do I have to vacate the home? I am 69 and with dystonia, high blood pressure, heart vale issue, etc. my divorce lawyer says move out he can charge me... View More
answered on Nov 10, 2018
Complicated question and not enough information. Consult a bankruptcy attorney immediately to determine your rights.
answered on Nov 9, 2018
Yes if you took them
Out together and one filed the other person will be liable
I withdrew money from my 401k due to financial hardship, the institution in error sent to a closed/overdrawn account (I have proof this is their error). Can the bank legally take my money even though it was for hardship and they were previously notified of bankruptcy?
answered on Nov 5, 2018
Possibly. It depends on the timing of how it came down.
answered on Oct 26, 2018
it Depends if there is equity in it and how much and what you plan to do with that money once you sell it.
Years of court dates, depositions, and medical bills a judge awarded me a settlement . I went to the Town Clerk and Sherrifs Department, spent approximately $500 with the hopes that all the information I provided was correct. A few weeks later I find out that the person the judgement was against... View More
answered on Oct 23, 2018
Unfortunately, no. There is an automatic stay in place which means you can no longer go after them. That's assuming that he/she has the automatic stay. You can try to make a motion to lift it but it is highly unlikely that a judge would life it. Unfortunately if he gets a discharge you can no... View More
20,000 are on 3 different cards.
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answered on Oct 4, 2018
The entire process will take 4 to 6 months start to finish. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so... View More
answered on Sep 17, 2018
It depends on what type of bankruptcy you will file. A chapter 7 must be paid to counsel in full before filing with the courts. You are permitted to include part of counsel fees in chapter 13 plan, so you do not have to pay full amount before filing. All depends on how much and that you must speak... View More
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